Gun Control find a compromise

Sen. Pat Toomey (R-PA) and Sen. Joe Manchin (D-WV) announced today a bipartisan approach to the gun control debate. The compromise is called  The Public Safety and Second Amendment Rights Protection Act. While legislative language hasn't been penned yet both Senators put forth fact sheets on what the frame work of the bill will look like.

Sen. Toomey posted (http://www.toomey.senate.gov/?p=press_release&id=965):

Bottom Line: The Public Safety and Second Amendment Rights Protection Act would require states and their federal government to send all necessary records on criminals and the violently mentally ill to the National Instant Criminal Background Check System (NICS). The bill extends the existing background check system to gun shows and online sales.

The bill explicitly bans the federal government from creating a national firearms registry, and imposes serious criminal penalties ( a felony with up to 15 years in prison) on any person who misuses or illegally retains firearms records.

TITLE ONE: GETTING ALL THE NAMES OF PROHIBITED PURCHASERS INTO THE BACKGROUND CHECK SYSTEM

Summary of Title I: This section improves background checks for firearms by strengthening the instant check system. 

• Encourage states to provide all their available records to NICS by restricting federal funds to states who don not comply.
• Allow dealers to voluntarily use the NICS database to run background checks on their prospective employees.
• Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).
• Provides a legal process for a veteran to contest his/her placement in NICS when there is no basis for barring the right to own a firearm.

TITLE TWO: REQUIRING BACKGROUND CHECKS FOR FIREARM SALES

Summary of Title II: This section of the bill requires background checks for sales at gun shows and online while securing certain aspects of 2nd Amendment rights for law abiding citizens.

• Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.
• Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term "transport" includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.
• Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.
• Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.
• Requires that if a background check at a gun show does not result in a definitive response from NICS within 48 hours, the sale may proceed. After four years, when the NICS improvements are completed, the background check would clear in 24 hours. Current law is three business days.
• Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships
• Authorizes use of state concealed carry permit instead of a background check when purchasing a firearm from a dealer.
• Permits interstate handgun sales from dealers
• Allows active military to buy firearms in their home states.
• Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks.

TITLE THREE: NATIONAL COMMISSION ON MASS VIOLENCE

Summary of Title III: This section of the bill creates a commission to study the causes of mass violence in the United States, looking at all aspects of the problem, including guns, school safety, mental health, and violent media or video games.

The Commission would consist of six experts appointed by the Senate Majority Leader and six experts appointed by the Speaker of the House. They would be required to submit an interim report in three months and a completed report in six months.

WHAT THE BILL WILL NOT DO

The bill will not take away anyone's guns
The bill will not ban any type of firearm
The will not ban or restrict the use of any kid of bullet or any size clip or magazine.
The bill will not create a national registry; in fact, it specifically makes it illegal to establish any such registry.
The bill will not, in any way at all, infringe upon the Constitutional rights of law-abiding citizens.

Sen Manchin has very similar fact sheet on his webpage as well. Here is the link for comparison: http://www.manchin.senate.gov/public/index.cfm/press-releases?ID=71c2e977-5a10-412c-ad8b-a3339ae525f9

I do applaud Sen. Toomey and Sen. Manchin in finding a starting point of compromise in partisan Washington, but a slippery slope is created by their proposition. The claim that HIPPA doesn't prohibit the reporting of Mental health to the NICS what will be the next aspect of ones doctor/client relationship be violated? Another point of concern is the overreach of the Federal government by threatening States funding, notice they don't say what type, if they don't comply with the mandate of reporting. Yes, I understand it is voluntary but is it really?

Another question I ask myself as I read the fact sheets and hear other proposals on gun control - How does this prevent another school shooting, how does this stop another assassination attempt, how does this infringe upon my God given right to protect my property and family?

Former LAPD officer Christopher Dorner: Hero or Villain?

I will admit that when former LAPD officer Christopher Dorner uploaded his manifesto and decided the only means to clear his "good" name was to take to the streets of Los Angeles and enact revenge, I really didn't care to follow. People snap for various reasons and take vengeance out in any manner they see fit; unfortunately. As I read the various websites I routinely look at this morning, I saw on www.nbcnews.com (http://usnews.nbcnews.com/_news/2013/02/17/16990419-protesters-call-for-clearing-fired-lapd-officer-christopher-dorners-name?lite) that about 200 protesters went to LAPD headquarters yesterday to show support for former LAPD officer Christopher Dorner.

The protest raised my curiosity as to why might a pocket of our population take time of their day to advocate for a man that just terrorized and killed people in California. The NBC news article quoted one protester:

"We're protesting some of the police brutality -- not just LAPD, but all over the nation," said protester and Lomita resident Vincent Namm, a former Marine. "With Chris Dorner, habeas corpus just got thrown out the window.''


The article prompted me to search and see what else may be said in support of former LAPD officer Chris Dorner. In a CNN article a professor of English at Columbia University is quoted as (http://www.cnn.com/2013/02/13/us/lapd-dorner-fans) :

"But when you read his manifesto, when you read the message he left, he wasn't entirely crazy. He had a plan and mission here, and many people aren't rooting for him to kill innocent people, they're rooting for somebody who was wronged to get a kind of revenge against the system." Hill added. "It is almost like watching 'Django Unchained' in real life."

Django Unchained! Before I continue here is a link to the manifesto in the event you haven't read it: http://christopher-dorner.com/christopher-dorners-manifesto-full-unedited-copy/ . Okay, former LAPD officer Chris Dorner is being compared to Jamie Foxx's character in Django Unchained? Now I have not seen the movie, yet it is on a long list of ones to see, but my understanding of the movie is a freed slave seeks to rescue his wife from a slave owner. How does this equate?

Not to digress to far, but what makes a manifesto sane or crazy? I mean if one reads the Communist Manifesto written by Karl Marx and Fredrick Engels one will see that both men had a plan and mission. That being said does it wash away the tyranny and death that Marxist thought brought to Russia all okay? Dorner reflects, in his manifesto, of an altercation with Jim Armstrong on the playground at the Norwalk Christain elementary school as his first encounter with racism:

My first recollection of racism was in the first grade at Norwalk Christian elementary school in Norwalk, CA. A fellow student, Jim Armstrong if I can recall, called me a nigger on the playground. My response was swift and non-lethal. I struck him fast and hard with a punch an kick. He cried and reported it to a teacher. The teacher reported it to the principal. The principal swatted Jim for using a derogatory word toward me. He then for some unknown reason swatted me for striking Jim in response to him calling me a nigger. He stated as good Christians we are to turn the other cheek as Jesus did. Problem is, I’m not a fucking Christian and that old book, made of fiction and limited non-fiction, called the bible, never once stated Jesus was called a nigger.

Now the word "nigger" is a very powerful word. As with any word the definition of the word is dependent on the use of it. I agree with Dorner that Armstrong should not be using derogatory language and that Dorner should let it be known that usage of such language ought not to be tolerated. Equally intolerant to the derogatory language is the use of violence to illustrates one objection to intolerant language. Regardless of ones religious dogma to resort to violence as a primary mode of defense or objection is not acceptable in a free society.

Personally, I do hope that journalists take note of items within Dorner's Manifesto for if he is telling the truth of events that took place as far back as 2009 then it should be known. Everyone understands that the LAPD does not have a stellar track record in relations with the public regardless of ones race, sex or other cultural divisions. Was this a cover up? Time will tell.

Although I am not one for conspiracy theories, I do find it a bit odd that Dorner would take his own life when he wrote:

If possible, I want my brain preserved for science/research to study the effects of severe depression on an individual’s brain. Since 6/26/08 when I was relieved of duty and 1/2/09 when I was terminated I have been afflicted with severe depression. I’ve had two CT scans during my lifetime that are in my medical record at Kaiser Permanente. Both are from concussions resulting from playing football. The first one was in high school, 10/96. The second was in college and occurred in 10/99. Both were conducted at Kaiser Permanente hospitals in LA/Orange county. These two CT scans should give a good baseline for my brain activity before severe depression began in late 2008.

If Dorner hoped for his brain to be studied then why shot yourself in the head? At the end of the day, society needs to address the lack of accountability, respect and candor that exists in our society today. There are numerous angles and topics of discussion to be had from this, but let's not make this guy a hero or a martyr just yet. Nor do we make the LAPD the bogey man just yet either regardless of the track record. For if we solely go on track record then to Dorner's own admission "Unfortunately I was swatted multiple times for the same exact reason up until junior high" then Dorner is a bully.

The Role of Guns in our society

Nearly every legislative body is discussing the top of gun violence or gun control. For the past few days and including today hearings are being held at the Minnesota state capital on all aspects of guns. Today they will be holding a hearing on ammunition clip size. I know I have blogged prior on the issue of gun control and violence but we still need to keep the focus on the ball.

Just this week the Department of Justice released an argument for the use of Drones to monitor and kill American citizens abroad as well as here in the United States. Mind you that this is the same Department of Justice that felt our brave men and women fighting around the world should issue the Miranda Warning to those that are trying to kill them. People have made the argument that average citizens do not need "assault" or military style weapons in there homes and that our police force should never be out gunned. The fallacy to that point is the Police have nothing to fear from the law abiding citizen and the criminal will find a means to obtain those weapons regardless of what ever law is placed on the books.

It is true that as a hunter I do not need more than four or five bullets in my clip at any one time. Yet to go down that road is a distraction from the conversation. Our Fore Fathers, despite their short comings, understood what it meant to live under tyranny. Those that seek our shores for a better life have a firm grasp on tyranny as well. That understanding and first hand experience of our Fore Fathers is the foundation for implementing the Second Amendment.

Through the ratification of the Second Amendment in the United States Constitution is was forged that every citizen have the capability to fight back tyranny in what ever form it takes. While in my lifetime I may never witness such decay in our ruling class to the point that a King or Queen or Dictator is substituted for the Republic, there does exist that possibility at some point in the future. One step to enact that transformation is to ensure the citizenry has no means of protecting the Republic.

Some reading this will dismiss that last paragraph but look at recent legislation passed through Congress and signed into law. A few examples are NAFTA, Patriot Act, Healthcare Mandate, and now a legal argument for the use of Drones to assassinate Americans here and abroad. Individually these acts and resolutions by our Federal government has eroded our freedom and liberty of a free society. With the Supreme Court ruling that the Healthcare Mandate is Constitutional based on it is a tax opens Pandora's Box to more tax mandates.

Don't be surprised that if a Representative or Senator puts forth a bill to implement a steep tax on the number of bullets one has or on the number and types of guns one owns. Why do you think they are pushing so hard for this national database for background checks and gun registry? It is not to keep criminals from obtaining weapons it is to help them identify where the weapons are so at some point in the future they can levy a tax in hopes of disarming America. Demand your freedom before your ability to do so is taken away!

Violence in America

The tragic and senseless killing of 28 innocent lives yesterday in Newtown, Connecticut is a microcosm of the ills our society faces today. Unfortunately Americans and the world will talk more about the Second Amendment, Gun Control, and mental disorders than what is really at the heart of these senseless acts. Guns don't kill people; rather it is the person behind the gun that does. President Obama spoke on the shooting and expressed his concern as a parent which is commendable.  Yet, President Obama stated, "And we're going to have to come together and take meaningful action to prevent more tragedies like this; regardless of politics."

Mayor Bloomberg has come out and said, "President Obama rightly sent his heartfelt condolences to the families in Newtown. But the country needs him to send a bill to Congress to fix this problem. Calling for 'meaningful action' is not enough."

Rep. Jerold Nadler (D-NY) on the Ed Schultz show yesterday said, "These incidents, these horrible, horrible  incidents...are happening  more and more frequently. And they will continue to happen more and more frequently until someone with the bully pulpit, and that means the President, takes leadership and pushes Congress."

Really? So the answer to stem the tide of violence that has rocked our society - Newtown, Oregon Mall, Colorado movie Theater  the Temple in Wisconsin, Arizona Congresswoman - is to limit the ability to own guns? The trouble is not the method of choice - in these cases a gun - rather it is societies loss of core family values. The demands on the family unit has eroded the respect, understanding and nurturing of core family values.

Our educators will be the first to state the fact that over the past several decades students have become increasingly disrespectful to them, to each other and to authority figures. Part of this stems back to the family unit where it is no longer common place for a family to have a single bread winner. Instead most family units are fractured due to the need of two incomes to make ends meet. Items like internet, cell phone, computers, TV's, and Xbox are considered necessities  The concept of a family dinner is being eroded due to dual income households and the use of television as a baby sitter or a pacifier for out children.

Take a moment today and over the holiday season as you gather with family to evaluate the importance of the material objects in  your life and how they contribute to the erosion of core family values. It is very possible that one may understand that events like Newtown are not the guns fault but lies right inside the family unit.