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Dianne Feinstein’s Gun Ban Legislation Proof We Are In A Post Constitutional Republic

Today Senator Dianne Feinstein(D-CA) released details about her proposed “assault weapons” ban, which upon review actually is a ban on many handguns and magazine clips.  The Senator for California is trying to revive her 1994 assault weapons ban in the wake of the Sandy Hook elementary school shooting in Newtown, CT, with some new twist designed to make a mockery of the Second Amendment.

Among the Second Amendment trashing aspects of Dianne Feinstein’s AWB V2.0 are a requirement for all “grandfathered in” guns to be registered with the Bureau of Alcohol, Tobacco, Firearms & Explosives(ATF) complete with criminal background checks and finger printing.  Whatsmore Feinstein’s new gun control bill would outlaw the sale, manfucatoring, import, or transfer of 120 different firearms(to be named later).  Odds are this list of banned guns is nearly identical to the ones her staffers found threatening and scary looking in a catalog back in 1994.  Any semi-automatic gun, rifle, handgun, or shotgun that accepts a detachable magazine and has one military feature(like the ability to fire bullets, as some twitter users have been mockingly saying today) is now subject to being banned, which pretty much is every semi auto in existence.  Also if your gun has a thumbhole stock or bullet buttons on it(I have to admit not knowing what those are) you firearm is now included in the banned list.  Of course what gun control measure wouldn’t be complete without a ban on any gun magazine clip that holds more than 10 rounds in it.
Breitbart-Sen. Feinstein’s “Assault Weapons” ban is really a handgun ban

Every last one of these measures included in Senator Feinstein’s summary of her new Assault Weapons Ban(we will have to wait until January to see the actual bill and my guess is it will clock in at over 200 pages in length) flies in the face of the Second Amendment.  That Amendment clearly states that we the people have a right to keep and to bear arms.  Under Dianne Feinstein’s new AWB our founding fathers would have had difficulty fighting the Revolutionary War, these new constraints on gun ownership are that constrictive.

This gun grab, this attack on the Second Amendment, is just the latest in a long list of usurpations of our Constitution.  The First Amendments free exercise of religion clause means nothing to the Obamacare spawned HHS contraception and abortifacint mandate.  The Ninth and Tenth Amendments which are supposed to leave what powers weren’t expressly given to the federal government to the states and to the people have been whitewashed out of existence.  The Eighth Amendments ban on cruel and unusual punishments has no bearing when it comes to the cruelty that is abortion or the unusual punishment of burdening generations not yet born with a debt so staggering they could never hope to pay it back.  Also, isn’t there something in the Constitution, the Thirteenth Amendment I do believe, that prohibits indentured servitude.  We have a recess appointments clause in there somewhere, which was totally ignored by President Obama when he himself declared the Senate to be in recess(when it wasn’t) so he could stick someone to head a consumer protection agency created by Dodd-Frank and pack the National Labor Relations board with some more Union friendly people.  The separation of powers part of the Constitution, that is gone now too, since Obama and Homeland Security Secretary Janet Napolitano have decided that they get to write immigration law and not Congress.  Bankruptcy law, which is a power granted to Congress under the Constitution, isn’t even safe from those who are trampling the document that gave birth to the federal government, what with that wholesale rewrite by Obama during the bailout of GM and Chrysler that screwed over the bond holders(who were legally bound to be the first ones paid) making sure they got nothing and made sure there weren’t as many Republican leaning car dealerships.

Nearly a year ago, on Superbowl Sunday, I asked congressman Joe Walsh if we live in a post constitutional Republic?  With everything that has happened these last four years under President Obama and with the fresh attacks on the Second Amendment by gun grabbers like Dianne Feinstein(and David Gregory and Piers Morgan and Nanny Bloomberg, plus dozens more) I can safely answer my own question with certainty, yes we do live in a post constitutional Republic, and that is very troubling.(note this whole concept and term post constitutional Republic is a part of Mark Levin’s book Ameritopia)
Yes, That was me you heard Monday night on the Mark Levin Show

We are watching the bedrock upon which this nation was built, the Constitution, being eroded away right in front of our eyes.  This entire effort to force more gun control on the American people is being done in the name of safety and to reduce violent crime.  However, the truth is an entirely different thing.  For starters(as I wrote about the other day) Senator Feinstein’s original assault weapons ban had little to no effect on crime during the ten years that it was in effect.  Secondly, violent crimes, and crime in general, are on the decline nationally and have been for years.  Third, mass shootings(which almost exclusively happen in “gun free zones”), which has been the catalyst for this new round of talk about gun control/bans, are also on the decline.
National Review Online-Facts about mass shootings
Hot Air-Gallup: Opposition to handgun ban hits all time high(74%)
National Institute of Justice-Impact of Assault Weapons Ban 1994-1996


(images h/t Hot Air)

One doesn’t have to shredded the Constitution and evicerate the Second Amendment in order to reduce violent crime and/or make things safer for the general public.  Want to prevent another Sandy Hook from ever happening again the allow teachers and other school staff to carry a weapon on school grounds.  Want to prevent another Aurora, Colorado style shooting eliminate gun free zones(remember here that the shooter James Holmes didn’t pick the largest of closest multiplex he picked the one movie theater in his area that didn’t allow people to concealed carry on the premises).  Want to avoid a multi victim crime the support a mental health system with a more robust mechanism to involuntarily commit people who pose a danger to others(James Holmes, Adam Lanza, Jared Loughner, and the Virginia Tech shooter all had mental health problems).  Want to bring down the violent crimes that are committed with a handgun then get local police departments in our nations largest cities to round up all the gang members and keep them in jail(you do that and the number of shootings taking place in Chicago for example will drop to nearly zero).  Doing any or all of these things and our nation will be safer, not to mention much better off, and the constitutional rights of law abiding citizens won’t be infringed upon in the least(granted there will be some gang bangers who will get Al Sharpton and Jesse Jackson to scream just the opposite into a bullhorn).
Fox News-Armed teachers bolster security in Israel
Fox News-Arizona Attorney General proposes arming school employees

If we are to have any hope of getting our constitutional Republic back, this assault by Senator Feinstein and others on the Second Amendment has to be beaten back.  It is my hope that when Harry Reid calls this AWB V2.0 for a vote on the Senate Floor enough conservative Senators step forward to block it, to filibuster it.  Should it get out of the Senate somehow let us hope that the conservatives in the House can strong arm the moderate GOP squishes into voting the damn thing down, keeping it from ever reaching Obama’s desk(fingers crossed that he and the rest of the Democrats are still willing to follow that part of the Constitution).

#moreguns=lesscrime

COMMENTS

  • ihccwmpenn

    Sir,

    You made some solid points, here are a few of my own based on the small snipit of the what the AWB 2.0 proposal:

    1. 10 Rounds- Correct me if I’m wrong, but wouldn’t this made buying the vast majority of handguns (including those used by law enforcement across the country) illegal?

    2. Large Caliber Handguns- Ironically because of the above restriction, large caliber handguns (aka Hand cannons) like the Colt .45, Smith&Wesson 500, and Desert Eagle would be perfectly legal since most of these carry less than 10 rounds and thus their sales would go through the roof.

    3. 120 Specifically Named Weapons- Here’s the problem with that, all a clever manufacturer has to do is modify the existing banned design just enough to make it technically a different weapon. Such a provision would either have to be EXTREMELY thorough or it would fail miserably.

    However, I also disagree with you on a few things. For one, no one can deny the 2nd Amendment is fairly vague. “Arms” technically means any potential firearm and I have a feeling the Founders probably didn’t think the average citizen should have a cannon in their yard and most folks today see that as laughable but the issue is still there: Where do you draw the line? Surely there has to be some common-sense to the issue instead of simply looking at it as “all arms should be fair game”. I honestly don’t know how to decide where to draw the line but the issue is always going to be there and it has to be addressed sooner rather than later.

    Further, be careful with any reference to gun control and Israel. They actually have fairly strict gun ownership laws, in which the average Israeli citizen can only own a single handgun (no assault rifles or shotguns) and no more than 50 cartridges/clips of ammunition (whereas in most parts of the US there is no limit to ammunition). To get a firearm license in Israel there are restrictions as well (need to live in Israel for at least 3 years, no criminal record, of good health, no history of mental illness, training course, and be of a certain age (the lowest being 20 years old). License hunters may own a shotgun (again, you have be a licensed hunter in addition to a normal firearms license). Active-duty members of the IDF may carry their issues weapons off-duty as well. So as a whole, the Israelis actually have pretty strict laws for gun ownership compared to here in America. What differs is they have very lax gun-carrying laws in which few areas in Israel are “gun-free”. Personally, this model is a good one to follow: strictly enforce gun permit process with common-sense plus relaxed gun-carrying laws.

    One more thing on the Israelis. Many Israeli officials have actually come out and cautioned against reference their use of armed guards in schools as a solution here in America for the simple fact that the threats their armed guards are there to prevent are not crazed/unstable students but Palestinian terrorists (armed with guns and/or bombs). Still, the principle still applies: armed guards certainly would help dispatch crazed gunman, regardless of their motivations. The only real problem I see with this theory is that many schools across America are pretty hard-up for cash these days and you have to wonder who they will pay for such things?

    Overall though, good piece.

    • anonymouscitizen

      Well the money could come from the Fed by not giving it to the Green Energy sector imho its a better ROI.

  • http://www.usofarn.com Ulysses Arn

    @redstate-2d728f14e6e34f535f5716d88eff0595:disqus where did I say anything about spending money to put armed protection in our nations schools. Unlike the NRA, I prefer simply allowing teachers and other school staff to carry their own weapons on school grounds(concealed or open) in accordance with state open/concealed carry laws/permitting. As I linked to the AG of Arizona wants to do that, they already do in parts of Texas, and I saw a story yesterday about how hundreds of teachers just took a firearms course in Utah. Also, the kinds of weapons civilians can have has already been established in both the 30s and 40s which banned full auto and the like. You can’t go out and buy a working bazooka or RPG for example. And I have no problem with those restrictions, now the restrictions in Feinstein’s bill those I oppose with every fiber of my being. Finally, the only reason I bring up Israel is to point out that their teachers are armed and so should ours, nothing more, nothing less.