Goals for the 109th Congress

[tyme]

1. National CCW, license-free because a federal chl would be unconstitutional
2. Repeal the non-sporting arms import restrictions (which should invalidate Bush Sr.'s EO)
3. Deregulate silencers
4. Move SBRs and SBSes to Title 1.
5. Repeal the 1986 MG ban
6. Federal preemption of firearm and knife possession laws
7. Repeal the Lautenberg Amendment (there's already a bill in play that does this: http://thomas.loc.gov/cgi-bin/bdquery/z?d108:h.r.00276: )

 

[croyance]

I would be suprised if the deregulation of silencers would be a goal. A Republican majority is not a pro-gun majority. Even a pro-gun politician would hesitate at this one. Soccer mom vote cuts both ways.
This assumes that they even personally agree with it, which I doubt.

The growth of CCW laws came at the state and local levels. National pre-emption would allow a future Congress to put blanket restrictions nationwide. Maryland could seem free in comparison.

You forgot more restrictions on abortion (need more dead from miscarriages) and anti-Gay Marriage Amendment.

 

[4V50 Gary]

Tort Reform

and especially a law protecting gun manufacturers against frivilous lawsuits.

 

[tyme]

The growth of CCW laws came at the state and local levels. National pre-emption would allow a future Congress to put blanket restrictions nationwide. Maryland could seem free in comparison.

The 2nd amendment incorporated under the 14th amendment requires that the federal government prevent usurpation of individuals' rights by the States. States are currently violating the 2nd Amendment. Congress needs to pass a law invalidating state restrictions and licensing of ccw.

Congress, if it wants to, can put blanket restrictions on ccw right now. The Supreme Court doesn't have a backbone of 5 justices like Clarence Thomas who would strike down that type of law.

 

[Jamie Young]

States are currently violating the 2nd Amendment. Congress needs to pass a law invalidating state restrictions and licensing of ccw.

Question:

Exactly how could NJ and CA laws be thrown out?

Isn't that the Courts job?

Supreme Court or Congress job?

 

[Hugh Damright]

National pre-emption would allow a future Congress to put blanket restrictions nationwide.

Finally somebody gets it!

States are currently violating the 2nd Amendment

The 2nd has NOT been incorporated under the 14th. And at any rate the Second Amendment has nothing to do with CCW.

 

[tyme]

The 2nd has NOT been incorporated under the 14th.

It should be, and the authors of the 14th amendment probably intended it to be, and Supreme Court decisions and quotes from famous justices and constitutional scholars have consistently described the RKBA as the most important right of citizens. If it's not one of the "privileges and immunities" of citizens, I don't know what is.

And at any rate the Second Amendment has nothing to do with CCW.

The second amendment is nothing but an incomplete statement of the RKBA. The Right to Keep and Bear Arms does have to do with carrying guns, and it's not supposed to be infringed by state or federal government. The RKBA and the 14th amendment are where the federal government gets the authority to do something about States that prohibit or license ccw.

 

[Sir William]

Close the borders, repel boarders and repeal NAFTA. Keep american manufacturing in the USA and put our citizens to work. Outlaw foreign imports of products made in the USA. Tell the US oil companies to start drilling in gushers. Eliminate most of the EPA. Issue spotted owl hunting licenses and put a bounty on snail darters. PEOPLE FIRST! No bail outs for anybody. Restitution reform. ENRON executives should be paying off the national debt!

 

[MicroBalrog]

" If there were a generic one-word expression for one "whose fear of the uncertainties of success moves him to surrender at the very moment of victory", it would be "Republican".​

Neil Smith​

 

[ahenry]

What I would like to see happen in the 109th Congress:

1) Change the tax code (there are multiple options out there and while I have my favorite, at this stage of the game I just want one of them to replace our current income tax code)
2) Affirmation of constructionist judges
3) Modification (to outright repeal) of current restrictions impacting American production of oil

 

[croyance]

If the Second Amendment is covered under the Fourteenth, there is no law to pass, just a Federal and Supreme Court (an appeal by the losing side is inevitable) hearing on the constitutionality of existing state laws.

Sir William, in the long run a protected market weakens the economy. You certainly cannot expect others to trade with that philosophy.
On the other hand, it certainly would eliminate those ugly Glocks from these shores.
On the down side, the price of Springfield 1911's would go up and CZ's, SIG's, and Walther's would be unavailable .

 

[tyme]

Some circuits have denied the RKBA and the Supremes have refused to address the issue directly. Trying to go through the courts is not working. Not a single federal circuit has upheld the RKBA in a meaningful sense. A few state and federal courts, on occassion, have struck down gun laws, mostly on the basis of federalism or technicalities.

No law is necessary? That's what the Federalists said about the Anti-Federalist demands that there be a Bill of Rights. If the courts can be relied on to uphold people's rights, why have any laws at all? All laws are designed to strike a balance between rights of different groups of people, rights to live and rights to property, rights to neglect lawns and rights of others for their block not to look like a jungle. Why not let the courts deal with all those? Who needs laws? We need a two-branch government, an executive and a judicial branch.

 

[croyance]

Then what is needed is a mechanism to force the courts to examine issues. I admit that passing a law may be the only way to do it.
No law invalidating state CCW and firearm restrictions is theoretically necessary.
You don't have to put words in my mouth or take things to their illogical extreme.

Laws are only as good as the enforcement or lack thereof.
In that sense no amount of ink on paper is meaningful. Especially in times of mass hysteria (such as the days following September 11) people ignore laws and give away rights. There was not much examination or debate of the wording of the Patriot Act, for example. The only saving grace was that it had a sunset provision. Had a Senator or Congressman tried to get people to look more closely at it, (s)he would have been yelled down.
Even at THR few people had any objections to it, until they calmed down.
See? Nothing in the history of this country prevented people from giving away freedoms and rights. Congress was to happy to comply.

 

[jefnvk]

Move handguns and ammo to 18 to purchase from FFL
That is what I want to see.

(along with making anything else that you need to be 21 to do moved to 18; or stop making me pay taxes since I am not a full citizen yet )

Other than that, #2 and 5 look like the best to concentrate on.

 

[Ignition]

Move handguns and ammo to 18 to purchase from FFL
That is what I want to see.

(along with making anything else that you need to be 21 to do moved to 18; or stop making me pay taxes since I am not a full citizen yet )

Other than that, #2 and 5 look like the best to concentrate on.

i agree, if im paying taxes; can serve, or be drafted in the military; have the ability to have a CCW; im considered an adult citizen by the court of law


or at least work it that if my state grants me the right to legally carry a handgun, that i can purchase one and ammo.

 

[Real Gun]

Then what is needed is a mechanism to force the courts to examine issues. - Croyance

Congress needs to strike down the Supreme Court's incorporation doctrine, which is simply a way of having discretion in complying with a constitutional amendment (the 14th) and slowing the pace of social consequences. After all this time, all other excuses for not applying the 2nd amendment to the States are implausible.

 

[Hugh Damright]

The Congress that gave us the 14th was out of control. The Amendment failed to pass Congress, so they kicked the South out of Congress and took another vote, and when it still failed they kicked out New Jersey too. Then they had to replace the elected State Legislatures with federal puppets because it wouldn't pass the States either. I don't even consider the 14th to be an "amendment" at all because it failed every step of the amendment process.

I think it was an out of control despotic Congress telling the States that they couldn't do anything Congress didn't like. To me, that sounds kind of like something King George would do. Monarchy. The 14th is simply an attempt to undo our federal system of dual sovereignties and have us all ruled by Washington, DC. The Supreme Court has tried to check this despotism, which is their job.

 

[croyance]

The post-Civil War era is generally pointed to as the turning point between State versus Federal Government.