Gun News Daily

 

Never in the last 40 years have we been in a better position to take our Second Amendment rights back on a national scale. It is time. But, it starts with each of you as individuals. We need to establish a new standard and eliminate the old.

Let’s review some facts in order to establish a reasonable game plan:

 

1. Criminals don’t abide by criminal laws, let alone gun laws.

2. Restrictions on gun purchases, such as background checks, have created a thriving black market for guns and subsequently more crime.

3. Despite claims that gun laws will reduce crime, violent crime has increased since the Gun Control Act of 1968 by four-fold.

4. The ATF, once relegated as a tax collection agency for the sale of alcohol and tobacco up until 1968, is now a law enforcement bureaucracy dedicated to enforcing laws that restrict Second Amendment rights.

5. The ATF proposed budget for 2010 is 1.2 Billion dollars. That’s how much politicians are willing to spend of your money to restrict your rights.

6. Despite political rhetoric over the years to reduce powers of the ATF, congress has increased its budget an average of over $30 million per year over the last 30 years.

7. Felons found illegally possessing guns are essentially given a slap on the wrist spending an average of less than 3.5 years in jail for their crime.

8. Conducting background checks, restricting or banning the availability of certain firearms, and applying waiting periods on 99% of the population that are not criminals, does nothing to stop criminals from being what they are, criminals.

9. Violent crime and drug trafficking in other countries, such as Mexico, is no more the responsibility of Americans than suggesting that U.S. violent crime is the responsibility of the Mexican government.

Given the facts above, the question at hand is: How do we demand gun control laws are eliminated and Americans regain their Second Amendment rights lost over the last 40 years?

Untangling 40 years of gun control laws, more than 20,000 of them, is not a task for the weak and those who can't be bothered with something as mundane as constitutional rights. If you as an individual are up to it, it will work.

Recent events such as the Heller case set some ground work, and the McDonald case to be heard by the Supreme Court early in 2010 will most likely set the stage for further legal actions both at the state and federal level assuming incorporation is successful. It will give you and me the power to move the process forward.

The first phase starts with an attitude adjustment.

How many times have you heard gun owners, not pro-gun activists, but most notably hunters and shotgunners, who rationalize that certain gun laws are acceptable. You’ve heard them and maybe you’re one of them. “Assault weapons” have no sporting purpose and should be restricted. These are folks who parrot politicians or gun control activists. Most have no clue what an assault weapon is. When asked, they refer to machine guns, revealing their complete ignorance on the subject matter. To them it’s better to go along to get along. For them it’s more socially acceptable to be ‘for more gun control’ providing of course, that it doesn’t affect them. If you are one of these people, you are doing no one including yourself any favors with your wishy-washy "politician-like" attitude. The first step is to learn the subject matter so you don’t sound like such a dumb ass. If you don’t know what an “assault weapon” is, find out. Educate yourself. You will be surprised what you didn’t know about a whole other field of competitive shooting and firearms ownership.

Most importantly, we all must come to the realization that this country has spent many trillions of dollars over the last 40 years enforcing gun control laws at the federal, state and local level with absolutely no discernable results.

At what point do we as a country recognize that we are not getting our hard earned money’s worth from gun law enforcement?

It is critical that you, as a gun rights activist, seize the momentum of public opinion. Recent polls do not suggest, but clearly show a sea-change in public attitude on gun laws. Americans by a decided majority no longer want stricter gun control laws. The question that needs to be asked is: Do they want less? The answer to that may be no, but that is where you and I come in.

It’s called educating the public and setting a new standard.

It is the responsibility of each of us as individuals, as well as gun rights groups nationwide, to establish what is an acceptable standard in the future. It is no longer good enough to simply say, ‘no more gun laws, enforce what we have.’ The new attitude is, we have too many that do nothing except create more crime, and they need to be eliminated.

It requires you and I to educate in our blogs and commentary, in conversations with other gun owners, about the new standard. Point out that crime has increased despite all the new laws over the last 40 years. Point out that criminals have guns, despite gun laws. Make it clear they have guns because our government created a new criminal class who traffic in guns because the government has a fetish about you and I jumping through hoops when we purchase a firearm. And, even though we have spent trillions of dollars enforcing gun laws over the past 40 years, we have received no benefit other than more money spent each and every year to achieve nothing but increased crime.

You see, now is the time to educate. It isn’t a quick fix, but requires a diligence on each of our part to move to a new standard while the public feels strongly that they will get no benefit from stricter gun laws. It is rooted in the fact they have seen no results from existing gun laws, only more crime. They are also beginning to believe, thanks in part to the Heller case last year and gun rights groups, that it is indeed a right of Americans to own firearms, if they so choose. Most Americans fear they will not have the right to choose in the future if further restrictions created. It is now time to strike by educating Americans on the new set of standards for the future, and it lies in you and the gun rights community to make that happen.

If you don’t blog, do it. If you have an opportunity to educate a hunter, do it. If you have the opportunity to educate a non-gun owner, do it. Leave your imprint on 2, 5, 10 or a thousand people, but do it. It matters not if you can only sell two people on your belief this month. That’s two more people than we had in our camp last month. That’s how public attitude is changed. It’s one person at a time by each of us.

But there is more than this than our local sphere of influence. It’s politicians as well.

If you’ve been roaming this earth for 40 or 50 years or more, let’s face it, we’ve been screwed and tattooed by politicians of all political persuasions. In one corner we’ve had Democrats pushing like hell to eliminate our right to firearms ownership. In the other corner we’ve had Republicans, for the most part, talking about how they support Second Amendment rights.

A lot of us are tired of Republican rhetoric. Republicans had control of the White House and Congress for years this decade, yet they did nothing to protect our Second Amendment rights. Oh, some will point to the expiration of the so-called assault weapon ban. But, you didn’t see anyone trying to overturn it prior to its expiration, did you? Well of course not. Did you see any effort by Republicans to expand our Second Amendment rights? No you didn’t.

The new standard would say it’s not good enough for politicians to simply acknowledge that they support Second Amendment rights. They must be challenged in 2010 to not only agree with the individual right to keep and bear arms, they must commit to legislation eliminating existing gun laws. This is very important and the time is right.

There is a better than even chance we will find out from the Supreme Court that the Second Amendment has been incorporated. It is now the federal government’s job to ensure that our Second Amendment rights are not restricted beyond the court’s limitations, if any. But, Congress can play a very big role in getting our rights back that have been restricted at the federal and state level, the same way they protect abortions, despite no clearly visible constitutional right to abortions, other than a distorted judicial ruling. Anything less from Congress in protecting Second Amendment rights as ferociously as they defend abortion rights will be unacceptable.

You must start by asking your congressional candidate the following question: Will you author legislation reversing the Gun Control Act of 1968? The answer is simple, it’s either yes or no. Anything else is nonsense and squirming. You must no longer ask if they support the Second Amendment. We’ve been asking that stupid question for 40 years, and for it we have received nothing but more gun control, more crime and an every growing ATF. You must go for the jugular. You must set a new standard of expectations from congressional candidates. You must get them talking to one another after the election about what’s all this stuff about getting rid of GCA68?

Gun rights groups need to ask the same question in their candidate questionnaires. They need to be put on the hot seat to take action, not giving us their viewpoint on how they support the Second Amendment. That’s a nonsense question. That only means they won’t vote for more gun control. We aren’t electing someone to maintain Second Amendment restrictions. We want our Second Amendment rights back, and now is the time.

Quit treating criminals with respect. They deserve nothing other than long prison terms.

The second question that needs to be asked of politicians is fundamental to gaining our rights back. When will the use of a gun during the commission of a crime be treated as an abuse of a fundamental right? When will it no longer be plea bargained off as a minor issue in a criminal case? When will it become the primary crime in a criminal case and be treated for what it is? It's assault with a deadly weapon, not sometimes, every time. And when it occurs punishment must be made so severe that criminals will forgo the use of a gun for fear of receiving a minimum of 20 years in prison. The abuse of a constitutional right to deprive another citizen of their property or life should be treated as a serious matter.

Politicians, particularly liberals, have purposely used the legal system to make a gun crime almost a 'minor discretion' during the act of a criminal offense. It can no longer be that way. The law needs to be a significant deterrent. Criminals must fear being caught using a gun during a crime to the point that they don't use them.

Politicians must commit to making this a primary focus of their tenure in office. As long as gun crimes are allowed to flourish with impunity, criminals will continue to use them. And why shouldn't they? They don't fear gun laws today because most of the laws are focused on the law-abiding in this country. The deterrent is placed on us to not buy a firearm. That isn't right and that's not the mark of a free country.

As a gun owner, as a blogger, as a citizen reporter, you must make the focus on pointing out each case you find where a criminal gets a slap on the hand for using a gun during a criminal act. It must be clear to Americans that something is wrong and hypocritical with a system that allows an individual to abuse a constitutional right while at the same time politicians attempt to restrict your right, as though you and I are the problem. Politicians who allow this to continue are allowing gun crimes to flourish with a 'wink and a nod' and creating a never-ending cycle of criminals repeatedly moving in and out of the justice system.

When we talk about some politicians being soft on crime, this is what it's all about. They are creating a weak justice system with the objective of eliminating gun rights. That is a crime and politicians need to be held accountable for their actions. It must become a primary objective of all gun owners to demand the justice system respect the Second Amendment as a fundamental right, not a privilege of criminals to abuse.

Expand the fight using Heller and McDonald. How you can help.

Here are the facts of Heller. The movers and shakers that provided the momentum for Heller’s successful decision were state level gun rights groups. The big boys at the state level were California, Texas and Illinois represented by the California Rifle & Pistol Association (CRPA), Texas State Rifle Association (TSRA) and the Illinois State Rifle Association (ISRA). CRPA and TSRA legal teams teamed up to develop an Amicus Brief in support of Heller. It was so successful and so well written, entire paragraphs were lifted by SCOTUS in their written decision. CRPA and TSRA hit the nail on the head and drove it home. They also spent a considerable sum, both in time and money getting law enforcement officials within their respective states to sign on to the Amicus Brief. These are state level organizations that played a very important role in the Heller decision.

This is where you and I, as an individuals, can make the single biggest impact to get our gun rights back.

As McDonald is taken on by SCOTUS, the three big boys at the state level will once again commit time and money in support of the case. But, let’s face it. Lawyers aren’t free, by a long shot. It takes money, and unfortunately, a lot of it to do the legal research necessary to prepare a cohesive and comprehensible amicus brief. In essence, the legal teams are arguing the case in writing as to why the Supreme Court Justices should rule on their behalf. It needs to be clear, concise and legally correct for it to be considered as reference material by the court. Anything less is put into the junk pile called “nonsensical garbage” by the court. If an organization is going to spend six figures on a herd of attorneys to develop a comprehensive amicus brief, it better be right. That’s why CRPA and TSRA work only with civil rights attorneys who specialize in Second Amendment issues. It is a legal field of expertise that few civil rights attorneys have, let alone your local gun owning divorce attorney. This is not the time for amateur Second Amendment attorneys. Only experts need apply with a proven track record of Second Amendment litigation.

Here’s the punch line. The McDonald case, like Heller, is still only the beginning. If we get the ruling expected June of next year, you can bet the states with restrictive gun control will not bend. California will undoubtedly be the prime battleground. The politicians in these states will challenge the SCOTUS ruling by maintain ALL of their gun laws on the books. Essentially their attitude will be to let the courts decide whether their laws exceed Second Amendment levels. That takes money, and lots of it.

This is where we all get a little nervous. Who is the best organization to throw money at to make this happen. After all, if we were all independently wealthy beyond our wildest dreams, it wouldn’t be an issue. We each would hire a qualified civil rights attorney and go at it. But, alas, we are not. So it makes sense to concentrate finances into credible organizations that have the right legal resources to make this happen. In California we have two organizations that are set up legally with litigation resources capable of initiating lawsuits against the state. The first is the California Rifle & Pistol Association Foundation. The foundation organization was established by the CRPA and recently reorganized as a result of the Heller ruling to take the legal fight to the court system in California. The other is Calguns Foundation. Both are organized and staffed, and work with one another on legal matters in order to coordinate legal activities without stepping all over one another. This is a refreshing change in California from the past, where organizations, fought among themselves over who was stepping on whose turf. That has changed dramatically in the last 2 years. It’s no longer about turf wars, but a coordinated and focused legal effort.

It’s one thing to talk about wanting our rights back, it’s a whole other matter to put our money where our mouths are. Both Calguns and CRPA Foundations need our financial attention. This is how they survive. Without money, they can’t file the legal challenges or briefs to support our position of less gun laws. If you do nothing else, donate what you can, even if it’s only five dollars. It’s the best five dollars you will ever spend. Who do I recommend? I’m not going down that road. Both are excellent organizations. They work in concert with one another so split your donation between the two.

So is that it?

Well let’s summarize this for a moment to understand how big this is.

• We are establishing a new standard to eliminate gun laws going back to the Gun Control Act of 1968 and burying the act in a grave.

• To do that we need to educate this country why it needs to be done.

• Demand a new standard of commitment from politicians. Supporting the Second Amendment isn’t enough. Committing to dismantling GCA68 and all the gun laws since is the only acceptable answer.

• We need to take the word “firearms” out of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

• We need to establish new levels of punishment for those criminals who insist on using a gun. A minimum of 20 years for using a gun during the commission of a crime and, if it’s used to wound or cause the death of another person, they’re gone forever. That MUST be a critical part of this process. No more people on parole for murdering someone. That is nonsense and a primary cause for the loss of our Second Amendment rights.

• We must tell politicians that nothing less than maximum effort must be made to protect our rights from those who would use those same rights to deprive others of property or their very lives. Gun abusers can no longer enter the revolving doors of our prison system expecting the opportunity to ply their trade again and again.

• We must be willing to hire the best civil rights attorneys money can buy. But it must be pooled into organizations that have the expertise to move the legal process forward. Calguns and CRPA Foundation in California is the best place to put our money.

That isn’t enough you say? Gosh folks, we’re looking to dismantle 20,000 plus gun laws nationwide, end the role of the ATF in our lives and taking about 70% of their budget away. We need to educate the public and demand a new level of commitment from politicians. And, we need to fund the legal resources to challenge stubborn politicians by having the court system rebuke their legislative actions so they cease their infringements on the Second Amendment.

This isn’t a project that gets it done next year. We’re looking at years of effort here and many millions of dollars in litigation.

This is big. We have never in the last 40 years been in a better position to seize the upper hand in getting our rights back. The time is now to make history and it starts with each and every single person reading this commentary. If you asked most gun rights experts five years ago where we were heading, most would say we are heading in a direction that will severely restrict our Second Amendment rights further. Most today will say just the opposite. But to make that happen, it requires citizen participation and that's where you and I step in and run the show.

Divisiveness must end amongst gun owners.

There can no longer be a division within the gun-owning community. Dedicated hunters and trap shooters who take the view that some gun laws are good (so long as it doesn't affect them) is divisive. They need to be educated as well, and frankly denounced for their one-sided viewpoints. That has started to happen and it must continue. We can no longer accept that some sporting activities are good and others are not. We can no longer accept that a collector of historical military firearms is less of a gun owner than a hunter who owns nothing but bolt action rifles. Politicians have been dividing us for years claiming they'll protect hunter's rights. Hunters have no right to hunt, only laws that allow them to do so, which can be taken away permanently for any reason government wishes. But, as gun-owning non-hunters we must also protect that privilege of hunters to engage in their activities as ferociously as we defend our right to own any firearm. We must join together or the division that exists will bring us all down.

Educate hunters and other gun owners about your sport of target shooting, defensive combat shooting sports, collecting, or whatever it may be. It is you and I that will bring those within the hunting community. And for the hunters already on board, you are the best salesman for the cause. You bring credibility to the issue. If you hunt, point it out in your blogs. Make it known that gun rights are for everyone, not just some.

Take part in making history.

This is a rare opportunity for each of us to be personally involved in a history-making event. Take advantage of it. Revel in it and cherish the moment. This is the kind of stuff that most people never see in their lifetime. Most everything you blog about today on this issue will become a part of the historical documentation of our time thanks to the internet. This is your time to go into the history books. Don't squander it away bitching and moaning, change history instead. Be a part of it, not just an observer.

Donate to CRPA Foundation. Donate to Calguns Foundation