While many are rushing to write new gun laws, hoping to stop gun violence, they are ready to trample all over the 2nd amendment. Some of those people, actually want to revise or eliminate the part of the 2nd amendment, "the right of the people to bear arms shall not be infringed"!
But what is wrong with the laws we have? There are about 22,000 gun laws across the country, so why don't they work? Let's look at just a few things that need to be addressed.
In a recent news article, I read that a New York City Police Officer was shot, and the assailant, who was killed in the exchange of gun fire while in a subway train, was learned to have been a "convicted felon", with five prior convictions, and he was in possession of an unlawful gun.
Let's look at what little we do know on this case. This "felon" could NOT have have legally possessed a firearm, as a start; could not legally purchased a firearm; obtaining the firearm was likely done unlawfully by theft or by a straw-purchase; and the felon was carrying an unlicensed loaded handgun, on a mass transit. So, from what little we know on the surface, this FELON committed a number of felonies, prior to shooting the Police Officer. (If anyone reading this is a NYC LEO, jump in with other gun laws known to be broken.)
But do they try to follow the gun? How many other laws were broken? How many others were involved? The gun was stolen, so was it registered? If so, then laws were broken AFTER it was lawfully owned by a lawful person.
BTW - Some years ago when I was a LEO, a gun store was broken into and many guns were stolen. Many years later, only ONE gun turned up, bought at a garage sale, by a Police Officer! And while we tried to follow the gun back, it had been sold between lawful citizens, unknowing it was stolen, but we could not establish ownership past a few persons. Most the others were believed, by Feds, to have been taken to Mexico.
Then, here is another BIG element to such crimes. Judges have discretion to tailor punishment in most cases. What crimes and punishment did this felon have prior to the shooting? How short were his sentences? How long could he have been in jail, and not on the street?
In another case, a man tried to rob a business with a gun, and during the attempt, an off-duty officer managed to stop the robbery. The robber was part of a known robbery gang, and the gun was found to have been "stolen" from "North Carolina". That gun was stolen in the month prior.
How did a "stolen gun" from "North Carolina", get "across state lines", into "New York" and into the hands of a "New York City" "violent gang" with know "felonies" and "robbery crimes"? Who stole the gun? Who passed it on, illegally, to another person? Who illegally "transported" to New York? How did it end up in the hands of a known felon?
These are the questions that need to be answered. Those involved, are the ones to be targeted for punishment, NOT legal gun owners.
By the way, in New York
Possessing a loaded firearm without permit, outside of person's home or place of business: class C felony, classified as violent felony offense, punishable by up to 15 years imprisonment, with a mandatory minimum of 3.5 years.
N.Y. Penal Law §§ 265.01, 265.03, 265.20
Do other such felons see that kind of sentencing? I can tell you from past experience, that judges fall for all kinds of stupid appeals from defense attorneys, and the lowest of sentences are given all the time. Yet, there are those who want to eliminate MY 2nd amendment right, as well as my property rights, because they can't manage the evil-doers!
Every Cop I know, can tell you about a felon who got NO sentence, or a LIGHT sentence, only to go back on the streets and commit new felonies! And of those, many have been in unlawful possession of a weapon!
Follow the guns. Follow those involved. ENFORCE those laws we have now. Punish THEM. Take THEIR rights away. Do NOT punish ME, for the illegal acts of others.
By the way, of the 300 million+ firearms, legally owned by about 80 MILLION+ law abiding citizens, many of those would be classified as "assault weapons", and those ARE NOT an issue!
Many people, even some gun owners, might be in favor of "gun registration". I am not. Throughout history, we have seen governments go against its citizens, and the first thing they do is it to confiscate the firearms. Registration is the road map to who has the otherwise legal firearms. Without solid protection from confiscation, I will never register my firearm. And there can not be trustworthy protection, if the 2nd amendment part, "shall not be infringed" is ready to be thrown out today, by many in our government!
