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PDF Editor FAQ
How many more have to die before the U.S. bans guns?
According to the FBI, there were over 1,197,704 Violent Crimes actually committed in the United States in 2016. And of that many cases, fully 15,696 were murders. Over 90,000 were rapes. And over 27,000 were robberies in which a weapon, or the threat of a weapon was used (“I got a gun in my coat pocket!”).I am not talking about suicides or hunting or gun cleaning incidents resulting in deaths. Homicides. Plain and simple.Of those 15,696 murders of another human being, fully 71% took place with the murder weapon being a gun. Legally owned weapons account for LESS THAN 1% OF THIS FIGURE.LESS than 1% of the total of these were usually crimes of passion with lawfully obtained and owned weapons. Lawfully owned fully automatic weapons were NOT USED AT ALL for a homicide in 2016. And lawfully owned “assault weapons” as they are incorrectly termed (AR 15s for instance) account for less than 1% of the total number of homicides committed using lawfully owned firearms in total.What this means is that the vast, overarching majority of crimes committed within the United States were committed by the use of an illegally owned, obtained and therefore usually unlicensable individual, whom NO GUN LAW CAN CONTROL. And who is, by definition and habit, a criminal. Usually a “career criminal”.Are you getting this? No gun control law can control THIS type of individual. The vast majority of firearms owners in the United States own their weapons lawfully, and bear said weapons according to the laws. We Are Not Criminals. And for the most part, neither are we “The Problem”.For many years, the only federal gun law on the books was the 1934 National Firearms Act. This act made it illegal to own or possess a machine gun of any caliber, or a sound suppressor (aka: a silencer), a rifle with a barrel of less than 16″ and/ or any shotgun with a barrel of less than 18″, and finally “any destructive device” of an explosive nature, without first obtaining permission to own the instrument and also paying a $200 transfer tax. In addition, these transfers are recorded and never destroyed, such as is ordinary firearms sale related information. The next body of federal gun laws was the 1968 Gun Control Act.Aptly named, the ’68 GCA's purpose was to stop the interstate commerce, then without regulation, in firearms. Passed in memory of assassinated US President John F Kennedy, the act's purpose was to make it easier for federal agencies to track down and regulate the sale and transfers of all firearms purchased from stores. Anyone wishing to sell weapons would first have to apply for, be investigated for fitness in this commerce, and only then be able to lawfully engage in interstate commerce in weapons. This is a lawful action on the part of the Congress, because the Constitution gives the power to regulate interstate traffic in all merchandise to the Congress, specifically. And it didn't restrict the Second Amendment; the right to keep and bear arms was not infringed. It was made subject to federal investigation. Lee Harvey Oswald, Kennedy's assassin obtained his Mannlicher-Carcano 6.5mm rifle through the US Mails from an outfit that never met or saw or proofed him. In point of fact, Oswald had emigrated to the Soviet Union in 1959 after being discharged as an “undesirable” person from the US Marine Corps. This made Oswald ineligible to re-enlist. In addition, he traveled to the Soviet Union without a proper visa, and while there he went to the US Embassy and told embassy interviewer Richard Snyder of his intention to renounce his United States citizenship. Although he never formally renounced his citizenship, he did have to negotiate his way out of felony charges when, in 1961 he sought to return to the USA.In any event, under all of these problems, Oswald would never have qualified for the lawful purchase of a firearm under the terms of the ’68 GCA. By the way, you can download form 4473 in pdf form on the internet. You will see the questions asked. Answer wrong, and you will leave the store with only your empty hands.If I purchase a weapon from a federally licensed firearms dealer, I have to fill out a form #4473. That form is kept by the dealer for 20 years if the sale goes through (5 years if it doesn't), and only afterward must be destroyed. The NCIC, which is called on each and every sale has 3 days in which to contact the dealer with a “yes or no” about the sale. If NCIC doesn’t answer back within 3 days, a ‘default proceeding’ sale can take place. NCIC can still continue to investigate for 90 days. After that, they must close out their case. If, during the course of the investigation reason to deny the sale is actually found, and the buyer already obtained the lawful weapon from the FFL holding dealer from a default sale, then the FBI must go out and obtain back, UNDER WARRANT the firearm, and proceed according to their operating procedures at that point. The purchaser can sue the government over this, but must prove actual damage to themselves in order to do this.The FBI in Washington gets the successful sale notice back, and after the sale is approved must then destroy all of their records of said sale, and that within 24 hours! But a sale that is denied is never destroyed. And an unsuccessful sale can be used against a parolee or a probationer for violating their terms of parole/probation.The Law Center To Prevent Gun Violence maintains an excellent website. I obtained most of my facts and figures from them for my answer to you.Getting back to the Constitutional side of things, the Second Amendment to the Constitution of the United States is the absolute controlling law on the ownership of firearms. And the purposing of this body of law can be found amongst the Federalist Papers. Jefferson, Franklin, Washington, Hamilton, Madison, Adams and a very large host of others of the nation's Founders placed no trust in the institution of governments in general. They all felt that without the ultimate power to revolt against a possibly tyrannical government, the people of the United States were defenseless. Washington himself felt there was a great need for local militias to be able to train and maintain a viable military presence, thus obviating the need for a standing army, felt to be a “tool for tyrants”. And so, Jefferson, Franklin and Adams wrote the Bill of Rights to correct oversights in the body of the Constitution.Courts at the federal level have always kicked almost all decisions regarding firearms rights back to the states until the Heller case. And there is a real and Constitutionally based reason for that. In the United States, there is a very strict separation of powers between the federal and state governments, AND THE PEOPLE. The Constitution reserves those powers as enumerated, in Article 10 of the US Constitution:“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the People”. ‘States Rights’ in other words.This means there are things that the United States government CANNOT DO. And chief among these things is the limiting or curtailing of any right granted by the Constitution to its' targeted recipients. Such as the Right to Keep and Bear Arms. IE: WE The People.The Second Amendment states that “A well regulated militia being necessary to the security of a free state, the right of the People to keep and bear arms shall not be infringed”. Exactly, and in those precise words.Ok, there IS that “militia” statement. Why is it there?We had just revolted against one of the most powerful and wealthy monarchies in the world. The British Navy was nearly unchallengeable. Their troops were truly feared. And very justifiably. But we Americans ALL owned guns back then, and we were VERY well armed. Many towns and counties had real, functional armories of their own, complete with full out military musketry and cannons!And that was what the British were attempting to seize in Lexington and Concord in 1775 when the Colonial Patriots fought the “Redcoats”. And stopped them.Our Founders knew the absolute need for the People to continue to maintain this level of militarism. It's only since the Civil War when the world witnessed the incredible savagery of Americans fighting Americans, that even British officers acting as observers opined they never wanted to have to face our troops on a battlefield. What we lacked in finesse we made up for in sheer firepower.So we are left with that particular anachronism. Or is it really an anachronism? It came in handy in coastal raids by French privateers during the “Quasi War” with France in 1798 to 1800. French privateers (read: Pirates!) ran the Atlantic coast of the United States almost completely unopposed. Only the fact that most of the original militia units formed during the French and Indian War in the 1750′s and again in the Revolution were still very functional gave us any defense at all.No navy, no Marines. No nuthin'. Why? Because the Founders (ALL of them) opposed absolutely any sort of standing army or navy, due to the terrible depredations suffered by Americans at the unrelenting demands of the British armed forces upon the Colonists.We needed our guns again during the War of 1812. Even as late as 1839, with the outbreak of American-British hostilities in the 1838–39 Arostook War between Maine and New Brunswick we experienced this need. And when the Mexican Revolution came north into Arizona in 1909, continuing into 1919 we needed our privately owned weapons to defend ourselves. And in 1942–43, Alaskans found themselves needing their own weapons to fight Japanese troops on the Aleutian Islands of Attu and Kiska. American armed forces included the ‘Alaska Scouts’, a very real militia unit. The Scouts fought mostly a guerilla action against the Japanese Imperial Marines who were merely trying to survive at that point. This was a militia unit, made up mostly of indigenous Alaskan peoples, many of whose families came from Attu and Kiska, and so were uniquely qualified to fight and survive in a potentially deadly climate. And they possessed and maintained their own weapons, including old surplus British Lee-Enfield rifles. Deadly weapons, to a “T”. The Scouts continued to harass and track Japanese forces until the arrival of ill equipped American troops, followed by better equipped Canadian forces, but it took better than six months to assemble regular Army forces to invade and retake American soil. And until that happened, the Alaska Scouts were “It”. And it's interesting to note that by the time the Regular Army finally arrived, there was virtually nothing left of the Japanese unfortunates who faced a people whose word for “Enemy” means about the same as their word for “Prey”.Americans have always preferred not to have large standing armies. Only since World War 2 have we maintained regular and large bodies of forces. The militia was a very real part of American life.In December of 1941, Marshal Admiral Isoruku Yamamoto successfully attacked Pearl Harbor. After going back to Tokyo, he was feted at a party in his honor. The Emperor's cousin, Prince Konoe wanted know “when would Japan invade the continental United States”.It was Yamamoto who was reported saying “I fear all we have done is awaken a sleeping giant, and filled him with a terrible resolve.”, right after the attack on Pearl. In response to this question posed to him, he explained how if he did try to invade, Japanese troops would face annhilation by “Americans behind every tree, every bush, and each blade of grass”.Yamamoto spent nearly ten years in the USA. He spoke, read and wrote fluent English. And it was his experience that every American whose house he stayed in or was a guest in, owned a weapon.Every. One. Of. Them.Do you see how this has helped us? You are looking at “guns as the problem”. But it's really PEOPLE who are “The Problem”. Focus your energy at solving this problem, and the rest will resolve itself.
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