Senator Diane Feinstein has released a summary of her desires to basically cut the 2A as we know it now…
This is not the first time that government has “infringed” on the Second Amendment (2A).
Strike 1 occurred in 1934, The National Firearms Act (NFA) enacted on June 26, 1934 was passed just after the end of prohibition and heavily control’s Machine Guns, (Real Assault Rifles) Short Barreled Rifles (SBR), Short Barreled Shotguns (SBS), Silencers and destructive devices.
If you want a Machine gun, a short barreled rifle or shotgun, you have to complete a form, provide photos, your finger prints and a determined amount of money. Once this is done, then a background check is done and if you are approved, then you get a stamp and you can order the weapons authorized, from an authorized manufacturer or dealer. After that, you have to be ready for announced and unannounced checks by the Bureau of Alcohol, Tobacco, Firearms and Explosives (commonly known as the ATF!).
Strike 2 occurred on October 22, 1968 with the Gun Control Act (GCA or GCA68). This bill was actually a reaction to the Murder of several public figures, to include: President John F. Kennedy and Malcolm X, a Nation of Islam leader. After the bill was presented and before it was passed into law, Senator Robert F. Kennedy, and Dr. Martin Luther King Jr. were murdered as well.
Among the major effects, was the initiation of the Federal Firearms Licensing requirement. Previously, a weapon that was not controlled under the NFA could simply be ordered from a catalog. The weapon used by Lee Harvey Oswald, (The individual charged with the Murder of President John F. Kennedy, a 6.5 mm Italian Carcano rifle) was such a weapon.
A later adjustment to the act was an amendment, commonly known as the “Lautenberg amendment” that turned every person that has ever been convicted of a “domestic violence” crime in to a person that was being punished twice. Once by the court for the crime itself, convicted or settled to make it “go away”. The person is punished again, by this amendment’s denial of the right to possess firearms. This “Ex Post Facto” law, effectively removed the right to keep and bear arms, from those with a domestic violence conviction, technically, even back to the start of our beloved Country!
Now, if the Amendment to the 1968 GCA had stated that anyone with a conviction of a domestic violence charge, from the effective date of this amendment, was barred from possessing firearms, I would have no problem with that, and that is in fact the normal manner of writing bills, but not in this case, and challenges in court were overturned, by liberal judges, what a coinkadink!
Strike 3, Almost happened with the first “Assault Weapons Ban”. The Ban started on September 13, 1994, which expired in 2004 under President Bush, (43). This ban, principally dealt with High Capacity Magazines (HCM), termed at that point as anything over 10 rounds and certain “militaristic” looking items on the AR 15 and other military based firearms design’s, and other actions as well.
As for Senator Feinstein and her most recent overreach, among many other things, she is saying that weapons that are in a gun owner’s possession now, they can be “grandfathered”, meaning they are ok to possess, even the much maligned “Evil Black Rifle” of EBR! But, to keep them legally, every American must have their photo and their fingerprints taken and a background investigation completed.
Guess what… If they say no, then you have to turn them in… Of course, that would mean approximately 300 million weapons would have to be registered. Currently less than 25 people deal with weapons in the National Firearms Act Branch Office of the ATF! If the truth be known, Senator Feinstein knows that 300 million weapons in the US cannot be registered, like a machine gun is, under the NFA. Senator Feinstein also wants some sort of “Mental Health Evaluation” as part of the firearms purchase and transfer procedure… High Capacity Magazines are directly in her sights for elimination, collection and destruction…
What she really wants is to close the “Gun Show Loophole”. This “loophole” (as Liberals call it) is about weapons that are sold at a “Gun Show” by private individuals to other private individuals. These transactions are not documented and no background check is completed.
Any transaction that is completed on weapons owned by a firearms company, MUST, involve the completion of an ATF Form 4473 and a background check, completed by the Federal Bureau of Investigation or FBI. This check is called the National Instant Criminal Background Check System, commonly known as a “NICS Check”. Once the check is completed, the purchaser either gets a “Proceed”, “Denied” or “Delayed” response from the FBI. Automatic Weapons may be at gun shows, but Automatic weapons are not sold and transferred at guns shows, as to complete the sale, the purchaser must have a NFA tax stamp authorization, after the completion of the background investigation, to purchase the weapon in question. Paperwork is paperwork!
What a lot of people don’t know, is when a NICS Check is done, a check to see if the weapon is reported stolen is part of the check system actions that are done automatically. Of course, Senator Feinstein is not happy with that, she also wants a NICS check done on any person buying a gun anywhere in the Nation. She also wants to stop the transfer of weapons of any kind to anyone after the owner dies! No passing any firearm on to Children, Grand Children or friends anymore!
What all this means is that the 2A situation we are facing is much like a normal business negotiation for the sale of a product or company. The Buyer, (That’s Feinstein!) Say’s she wants this and that to make the deal! The Owner, (That’s the American People) tells her either, we won’t do what you want, or, we will do this or that, and the BS keeps going until someone blinks or someone caves, simple as that! We, the American people cannot afford to “cave” on this one, not now, not with two strikes hanging over our freedom to keep and bear arms, like the Sword of Damocles!
The only difference is that when Senator Feinstein blinks, the American People will still have their 2A and will give only a little. If the American people cave, we lose a cherished Right, become a disarmed populace and our Republic dies just a little bit more, inch… by inch… by inch….
The 2A received Strike 1 with the National Firearms Act in 1934, and it’s still in effect. The 2A received Strike 2 with the Gun Control Act in 1968, and it’s still in effect. The 2A lucked out with the 1994-2004 assault weapons ban that expired in 2004.
We have one strike left to us to defend our most precious right, the right to have the firearms capability to defend our freedoms from criminals, an aggressor army, internal or external insurgency and a non-responsive, aggressive government that prevents the American People from exercising their rights under the US Constitution.
We can’t wait… We must stand up now and yell, “Hell NO! COME AND TAKE THEM!”
We cannot allow this to happen, because once the weapons are banned or registered, they will sooner or later be confiscated! Once the weapons are gone, they are gone and they will not return short of a bloody civil war that will be lamented, on both sides, for years to come!
JON A. UNDERWOOD
CBPO, CBP, (RET.)