thoughts on legislation, gun laws in particular, and congressional responsibility

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alan

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Should you find the following "off-topic" or otherwise problematic, apologies offered. I thought that the following might prove of interest to some.



Introduction: The Congress (House and Senate) has legislated. Does the mere presence of words in the statute books merit their retention, when the legislation has not performed as promised? Should their work product be periodically be reexamined to determine its’ efficacy. Yes, is should be, as is indicated by the following.

All legislation should be examined periodically to determine its’ effectiveness or lack thereof. This is especially true of Gun Control Laws, for such legislation impacts adversely, on the most basic civil and constitutional rights of the law abiding citizenry.. The foregoing is especially important due to the fact that there is significant question concerning the constitutional correctness of the Congress legislating in this field at all. The need for periodic examination of the work product of the congress (legislation) to ascertain whether it is delivering expected or promised results is unquestioned, or should be. Looking at the history of such things, Gun Control Laws have never performed as promised, though they do and have adversely impacted upon the law abiding..

Let’s look at some examples of Gun Control Laws currently gracing the federal statute books. First there is the National Firearms Act of 1934, originally enacted in the guise of a revenue bill, though it never raised all that much revenue. What this legislation does is restrict or regulate the sale, possession and transfer of automatic and selective fire weapons, silencers, destructive devices and certain other types of firearms. A time consuming paperwork process, and payment of a $200 “transfer tax” is required every time any arms or devices that fall under the acts purview are transferred. Except for The Prohibition era, there has been little criminal use of machine guns in the history of this nation. Prohibition was the breeding ground of organized crime as we know it today. Additionally, the restrictions on silencers, more accurately mufflers, has led to no small amount of hearing loss, and accompanying problems, problems that could have been easily avoided. We here come face to face with unintended consequences. Does anyone claim that the congress intended to damage the hearing of millions? Likely not, despite their passing strange antics, but those unintended consequences loom large. Hearing loss and accompanying problems could have been easily avoided. If one were to seriously inquire whether the public safety had been enhanced by the existence of the NFA, and honest answer would be NO !!.

Next is the Gun Control Act of 1968, whose opening text declared more or less that it was not the intent of this legislation to interfere with or create obstacles in the paths of the law abiding. Alas, it did exactly that. It most certainly didn’t reduce crime or the use of arms by criminals. It also led directly to the massive enlargement of federal gun control bureaucracy, and the manifold abuses of power and authority that have been part and parcel of this bureaucracies operations and methods. The current iteration of this bureaucracy is the BATFE (Bureau of Alcohol, Tobacco, Firearms and Explosives, whose antics are currently the subject of congressional criticism and investigation, investigation that the Obama Administration and its’ Dept. Of Justice seem intent on stonewalling.

Next there is the Hughes Amendment circa 1986, legislation attached to The Firearms Owners Protection Act, via a most questionable unrecorded voice vote. Enactment of this legislation did little except to lead to a significant increase in the prices of transferable automatic weapons, which in no way served to enhance the public safety. There has, via this legislation, been no benefit of any kind to the law abiding public, NONE.

Where to now? A lot of junk has accumulated in the closet, wherein one finds the federal criminal statutes. A significant portion of this junk are existing gun control laws. More such junk is proposed virtually every year, this year being no exception. A wholesale housecleaning is needed and it is needed badly. No additional junk should be added.

Obviously, there are amongst the body politic, the largest part of which is law-abiding, individuals who have clearly shown that they are unfit to bear arms of any kind. This aspect can be addressed by simple legislation, there being no need for legislative, bureaucratic complexities. Actually existing federal law already stipulates that certain classes of individual are disallowed from the possession of arms, convicted felons being amongst that group. Problem is that respecting the BATFE, today’s relevant government mob, and those that came and went before it appeared, existing federal law, some small parts of which actually make sense, contains the appropriate specifications. Unfortunately, existing federal law under the BATFE and its’ predecessors, has seldom been properly enforced. That Virginia is a fact.

The existing situation need not exist. There is no justification for allowing run away mobs such as BATFE to essentially create law via bureaucratic decree, which it currently. Allowing the creation of law by bureaucratic decree makes for the worst sort of law, which is what, re firearms, we currently have.

As a member of congress, you have a duty to the people who elected you, that duty including the above referenced examination of existing law. On any reasonable basis, existing federal law in the firearms field is and has been an abject failure. Above referenced and badly needed house cleaning should commence RDN (Right Damned Now). To do less is to fail in multiple ways. First, you will have failed to uphold the oath of office that you took, that oath including words about “supporting, upholding and defending The Constitution”. Secondly you will have failed those that elected you, for they had and have a reasonable expectation of the congress periodically reexamining its’ work product (legislation) respecting the operations and effectiveness thereof. Do not fail those who hired you.
 
Examining the efficacy of laws is fine, but reviewing laws and repealing them based on their perceived inefficacy will never happen, because often laws are passed to prevent behavior before reliable, scientific records are kept on said behavior.

Let's examine the efficacy of laws requiring a driver's license. Does requiring a driver's license to drive, actually reduce the number of accidents on the road? Tough to say, since drivers' licenses have been around since before automobiles were ubiquitous to the extent they are today. Furthermore, it's arguable that technological advances are responsible for much of the reduction in fatalities in automobile accidents. Automotive technology was still very much in its infancy when licensing laws were put in place.

Now I'm certainly in favor of eliminating most licensing requirements to drive (it doesn't seem to keep braindead people off the road as-is). But most people would not be, even if presented with logical reasoning as to why such laws are not necessary. To be blunt, at least 90% of laws on the books are not needed, on federal, state, and even local levels. But people feel safer with these laws, by & large.

To mandate the repeal of laws that are not effective in a concrete fashion, would constitute a major overhaul of our society. Not saying it's a bad idea, just saying it would be very difficult if not impossible to implement.
 
General Geoff wrote in part:

To mandate the repeal of laws that are not effective in a concrete fashion, would constitute a major overhaul of our society. Not saying it's a bad idea, just saying it would be very difficult if not impossible to implement.


Geoff:

A great many things, things that proved worthwhile before accomplished, were view as you described. Once accomplished, previous doubts turned out to have been "self-cancelling", the effort beig seen as worthwhile, vis-a-vis the benefits obtained.

Re drivers licenses, as I recall, my late father once mentioned that he had lived in Ohio before the state issued drivers licenses. If you were found driving a car, absent having run into something, it was assumed that you knew how. At some point in time, some state bureaucrat realized that the state could gain income from fees charged for issuing individuals a license or permit allowing them to do what they were already doing. Additionally, possession of a drivers license has yet to prevent anyone from doing stupid or illegal things with an automobile.

I found your response interesting.

Alan
 
The existing situation need not exist. There is no justification for allowing run away mobs such as BATFE to essentially create law via bureaucratic decree, which it currently [is/doing... or something needed here].

Very well written and moving, just one thing I caught...
 
If the Supreme Court applies strict scrutiny to gun control legislation, laws which do not effectuate their intended outcomes are unconstitutional.

If we as a community are lucky enough to see the Supreme Court apply the strict scrutiny standard to gun laws, you can bet their efficacy will be examined and many outdated, ineffective, and over-burdensome laws will be struck down.
 
tyeo098


Good catch, thanks. I should have caught that myself. Appreciate your attention.

Alan
 
First let me state that I could not agree more. When there are so many laws that no person, not even a lawyer, judge, or LEO much less a layman, could EVER be expected to know them all, we as a society have gone to far.

The problem I see is, regarding the many ineffective laws, most people could care less and we, the ones whom do, are the minority. Way too many people are apathetic and feel that if you have nothing to hide or have done nothing wrong then why does it matter. So until we can make the minority the majority, I am not quite sure what we can do.

Shawn
 
ATBackPackin:

Firstly, thanks for your kind comment.

secondly, as to "...why it matters ..", the following is my take, though sopme might agree, while others won't.

It matters, if for no other reason, than as a matter of principle. Legislation that serves no valid, legitimate purpose, providing what John Ross described as "welfare for Treasury agents" not being any of the above, does not deserve to live on.

Alan
 
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