Waivers of Gun Rights: A New Shot at Gun Repression

(THIS ARTICLE IS COURTESY OF THE NRA-ILA)

 

Waivers of Gun Rights: A New Shot at Gun Repression

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FRIDAY, FEBRUARY 2, 2018

Waivers of Gun Rights: A New Shot at Gun Repression

Lawmakers in California must have temporarily exhausted their store of ideas for legislating against law-abiding gun enthusiasts. After years of padding the bureaucracy with ever more complicated rules, restrictions and bans for people who legally own and enjoy guns, lawmakers are now considering a measure to strike a preemptive declaration against gun ownership.

The California bill, AB 1927, introduced by Assembly Member Rob Bonta, D-Oakland, directs the state’s Department of Justice to “develop and launch a secure Internet-based platform to allow a person who resides in California to voluntarily add his or her own name to the California Do Not Sell List.” This list would be uploaded to the National Instant Criminal Background Check System (NICS), meaning the system would affect a person’s ability to acquire a firearm not just in California, but anywhere in the country.

On registering, a person has the option of providing the state with the names and email addresses of up to five contacts, who have the right to be notified as soon as the registrant seeks a restoration of the right to acquire guns. The bill makes it a crime to knowingly sell or transfer a firearm to a person on the list (and a licensed gun dealer is liable to lose their dealer’s license, too). “Receipt” of a firearm is “unlawful” for anyone on the list, although the bill specifies that mere possession is not prohibited (“possession after the moment of receipt is not unlawful and the fact of possession may not be relied upon to prove a violation” of the law).

While getting on the Do Not Sell List may be as simple as a few clicks of a mouse, getting off the list is challenging different matter entirely. The registrant must file a petition with a court to have his or her name removed. All persons on the registrant’s contact list are entitled to advance notice of the date, time, and location of the court hearing. And although a person may register on the list for any reason (or no reason at all), a court is authorized to remove a registrant off the list only after he or she establishes, by a “preponderance of the evidence that he or she is not at elevated risk of suicide.” The evidence needed to satisfy this standard isn’t specified, but it’s safe to assume that a mental health evaluation and testimony from a mental health professional will be required. Once a court grants the order, the state must remove the person from the NICS Index and expunge all records related to the person’s registration on the list.

A similarly inspired bill to allow a “voluntary waiver of firearm rights” is pending in Washington State.  S.B. 5553allows anyone to file a waiver document with the court, and to include the name of a “person to be contacted” if a voluntary waiver is later revoked. All waivers are fed into a state police database used to determine eligibility to purchase a handgun. The person is free to revoke the waiver at a later date, but the waiver must stay in effect for a minimum of two weeks (seven days, plus another week in which the police must delete the waiver from the database). The bill makes it a felony to provide a gun to a person where there is reasonable cause to believe the person is subject to an active waiver, and a licensed dealer is prohibited from selling or transferring a gun to such persons.

The apparent rationale behind these bills is to provide those at risk of suicide with a way to declare themselves “prohibited persons” for the purposes of future gun purchases. Assemblyman Bonta describes his bill as giving “people the power to create a potentially life-saving barrier,” and the summary on the Washington proposal claims it will prevent suicide by helping “people in crisis maintain their autonomy while saving their lives.”

Overlooking several practical issues, the bills’ effectiveness isn’t likely to match the declared sentiment of advocates.

The California bill requires that the “Internet-based platform” for the list “credibly verif[y]” the identity of those who sign up online. Neither bill, though, has a corrective procedure to remove anyone included because they share a name and birthdate with someone properly listed, or because of some other error. The only way the bill provides for getting de-listed on California’s registry is convincing a court not that there’s been a mistake, but that the registrant has a non-elevated risk of suicide.

Waivers of constitutional rights “must be voluntary and must be knowing, intelligent acts done with sufficient awareness of the relevant circumstances and likely consequences.” In Washington State, persons contemplating a waiver should be aware that the waiver remains effective even after it is revoked because the police have a week to process the revocation, with ensuing legal consequences. Because of the time lag between actual revocation and the update to the police database, a person who seeks to obtain a gun after revocation but during that period is liable to be reported to a separate police database of people who attempt to acquire guns while prohibited under state or federal law.

The most distressing thing about these bills is the focus on the method while bypassing the underlying, core problem of the person’s suicidal impulses, depression, or other mental health emergency. Experts estimate that the vast majority of persons who commit suicide suffer from a mental illness at the time of their death. The same mindset impelled “gun violence restraining order” laws in California and Washington State, aimed specifically at disarming persons at risk of harming themselves (but only with a gun). Regardless, Assemblyman Bonta, resorting to the favorite catchphrase of the gun control movement, describes his bill as “a common-sense measure” to allow people to “self-restrict their ability to purchase a firearm.”

While lawmakers continue to look for new ways to restrict gun rights, people seeking help may find there’s a lot of talk about promoting health through “innovative” prevention strategies for at-risk individuals, without much in the way of actual help.

Wings of the Marijuana Butterfly—The New Jim Crow Laws

 

One could write an entire book just ABOUT Michelle Alexander’s devastating treatise THE NEW JIM CROW. Pulling just a small moment of brilliance, though, I marked a passage that set off in my mind a moment of “the wings of the butterfly” adage, that saying that the smallest transactional movement in one part of the world can set off a storm on the other side of the planet.

 

So, on page 160, Alexander writes about a man named Drake who was convicted of a marijuana-related felony: “Drake’s vote, along with the votes of millions of other people labeled felons, might have made a real difference in 2004. There is no doubt their votes would have changed things in 2000. Following the election, it was widely reported that, had the 600,000 former felons who had completed their sentence in Florida been allowed to vote, Al Gore would have been elected president of the United States rather than George W. Bush.”

So, by criminalizing marijuana and disenfranchising more than half a million voters, we get a different President. Imagine if marijuana convicts had NOT lost the right to vote in Florida: we get Gore as Pres, and maybe no war in Iraq, maybe no ISIS, no Syrian Civil War, no refugee crisis, no destabilized EU, no Brexit, etc etc etc, and,well, let your imagination run wild with the way things might have been different 16 years ago if those voters had been allowed their constitutional right.

PLAYA DEL REY, CA - OCTOBER 20: Author and activist Michelle Alexander attends Michelle Alexander VIP Reception And Justice On Trial Film Festival at Loyola Marymount University on October 20, 2013 in Playa del Rey, California. (Photo by Vivien Killilea/WireImage)
PLAYA DEL REY, CA – OCTOBER 20: Author and activist Michelle Alexander attends Michelle Alexander VIP Reception And Justice On Trial Film Festival at Loyola Marymount University on October 20, 2013 in Playa del Rey, California. (Photo by Vivien Killilea/WireImage)

If you haven’t, please read THE NEW JIM CROW so we’re all on the same page about protecting our constitutional rights as citizens. At least we’re partly headed in the right direction with the decriminalization of marijuana and reversing the racially driven policies of the past fifty years (or longer).

Hillary Or Trump: The American People Lose Big

 

Hillary and Bill Clinton as well as Donald Trump have spent their lives trying to do one thing and one thing only and that is to make themselves richer. They are just like the Bush family and the Kennedy family in that regard. If you are a person that thinks that any of these people care one bit about you, your family, or your Constitutional rights it is my belief that you are being delusional. I have known of the Clinton’s since Bill’s second term as the Governor of Arkansas, he was known as Slick Willie to the people who knew him best and Hillary was known as nothing but a bitch. The only thing that has happened with either of them since then is that they are now worth hundreds of millions of dollars, at a minimum and that they have grown wiser and slicker with age. Hillary is the Queen of habitual liars and almost all Americans know that and yet the people who call themselves Democrats just anointed her for the most security sensitive job in our country. It is my personal belief that she is guilty of treason against America’s military and security agency personnel by giving away Americas secrets and for leaving four of our people behind to die without even trying to do anything to help them in Benghazi Libya. On these two issues alone she should be in solitary confinement at Fort Leavenworth Kansas till the day she dies and should never ever be allowed anywhere near the Oval Office. There are many reasons that people should look real hard at Bill’s partnerships with George H.W.Bush. From first hand experience I know well that their friendship started when Bill was Governor of Arkansas and all the financial aid that the city of Mena got during that courtship. Hillary and Bill are and have been bought and paid for since the 1980’s. Check her record about representing rapists when she was a DA in Arkansas and how she bragged about getting men she knew were guilty of rape off. She cares nothing about anyone but herself, if she is elected we the people are only going to lose even more of our Constitutional rights.

 

Now, about ‘the Donald’. After that scathing first paragraph many my think that I am for Mr. Trump or at the very least a Republican, you would be wrong on both those issues. Donald Trump has made a lifetime out of only caring about himself, his ego, and being a bully for the purpose of making himself richer at any cost. Mr. Trump should be in prison along with Hillary for the scam that was Trump University, it is very obvious that he is nothing but a fraud and a bully. He sill has no intentions of releasing his federal taxes for examination either. For a man who likes to brag constantly about how many billions of dollars he is worth he shows that he is a fraud and a liar. He tells people that he is worth over ten billion dollars yet when it comes to paying his taxes he claims that he is only worth about one billion. Mr. Trump talks about going after companies who take their jobs out of America and moving them overseas for lower tax rates and lower wages when he has made truckloads of extra profits doing exactly that himself.

 

Both of these people have proven without a doubt that they have no ethics and no morals throughout their adult lives. Thinking that either these two 70-year-old ‘ shyster’s and con-artists are going to be elected President and all of a sudden they are going to put the American people before their own self interests is delusional at best. Do you remember an old Richard Pryor movie called Brewster’s Millions? He had the best political motto of all time when he was running for the Mayor-ship of New York City called “none of the above”. The American people are going to be the biggest losers if either one of these two frauds become our next President. If either of them wins may God help us because neither the Democratic Party leaders nor the Republican Party leaders have any interest in protecting the American people or any of our hard-fought human rights.

How Pathetic: Get Your 15 Minutes Of Fame: Act Like A Fool At A Media Event

 

America’s national media outlets are enjoying covering people who are not decent in how they treat each other. What I am saying is some people in our current culture think it is cool to act like a fool or an idiot, if it will get them 15 minutes of fame on a T.V. screen in some Country far away. Folks, if there is no such thing as ‘the aggressor’, then there is no one being injured in any way. Kindness, courtesy, decency, fellow Americans, why do we have to be known for acting like fools in front of a camera? I know that this childish behavior is not just an American problem just like Heroin is not just an American problem.

 

Those of our population who create events for the purpose of causing enough conflict to keep another person or group from being allowed their own Constitutional Rights! Every thing in the world is not always about me, me, me. That is a fact for every person on this planet. Most of you already know that this post is in response to recent crowd troubles at Donald Trump speaking events. To those who chose to disrupt other people like this by disrespecting their events, is it fair for all the people who don’t like your messages that it is okay to disrupt any or all of your events? Honor, Respect, Kindness, are they just by-gone Customs that do not matter in ‘our society’ today? There are very many very important issues that we as a Nation and as a world community need to solve and we need to do so quickly before some of our own Nations we implode. Please, let us all act like the grown-up’s in the room. The Media and the rest of us, we all need to quit playing these stupid games. The ‘Show’ your playing with not only can, it will, cost some their lives. That 15 minutes was it worth it, laying there on that slab, toe-tag waving in the breeze?