May 19, 2005
"THE DISINTERESTED DISPOSITION TO PUNISH":
JAMES SENSENBRENNER AND THE DESTRUCTION OF FREEDOM
On April 13, Rep. Phil Gingrey of Georgia introduced H.R. 1603, "The Fairness in Firearm Testing Act," (http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.01603:) into the U.S. House of Representatives. The bill was immediately referred to the House Judiciary Committee, chaired by Rep. James Sensenbrenner.
Five weeks later, there the bill sits. Not a single other member of Congress has signed on as co-sponsor. No action has been taken.
Self-proclaimed "Second Amendment supporter" Sensenbrenner is keeping H.R. 1603 bottled up in committee.
HOW COULD ANYBODY OPPOSE SIMPLE FAIRNESS?
As you may recall from an earlier JPFO alert (http://www.jpfo.org/alert20050418.htm) this bill requires the Bureau of Alcohol, Tobacco, Firearms, and Explosives to video-record all tests it conducts on firearms and to supply unedited copies of the recordings to owners of those firearms and to defendants in any cases involving those firearms.
This bill does one thing only: It demands that the federal government provide truthful, verifiable evidence in legal cases.
The bill is not "pro-gun." It's merely pro-honesty.
Anyone who spent even a few minutes watching the footage in "BATFE Fails the Test" (http://www.jpfo.org/batfevideo.htm) knows that the BATFE is a dishonest, incompetent organization that must be forced to stop "testilying" against innocent gun owners.
But James Sensenbrenner won't watch "BATFE Fails the Test." We know, because we sent him a copy. His only response was an insulting letter praising the BATFE for "combat[ting] violent crime and terrorism" and "protect[ing] Americans' constitutional rights." (http://www.jpfo.org/sensenbrenner.jpg).
Mr. Sensenbrenner apparently wants the BATFE to go on abusing gun owners. Why?
Before we answer that question, there's more to tell. At first, the disgusting information below seems unrelated to Sensenbrenner's support of the BATFE. But it's all part of a larger picture.
IS AN INMATE RUNNING THE ASYLUM?
While opposing gun owners' rights, Mr. Sensenbrenner has been very busy promoting his own agenda. And to say his agenda is frightening would be a vast understatement.
You probably already know about his Real ID Act, which became law last week. Among other things, the act puts control of our state drivers licenses (and our personal data) into the hands of the Department of Homeland Security, effectively creating a national ID card and an internal passport. (http://www.jpfo.org/alert20050511.htm) When Real ID is implemented, the federal government will control your ability to travel, buy a firearm, open a bank account, purchase liquor, and more.
Unfortunately, Mr. Sensenbrenner isn't stopping there.
He now wants to turn you into a federal criminal for doing ... NOTHING AT ALL.
He has introduced H.R. 1528, "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005." (http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.01528:)
H.R. 1528 contains two sections that ought to chill the blood of freedom-loving Americans -- gun owners, in particular.
SNITCH OR GO PRISON -- AND LOSE YOUR GUN RIGHTS?
The first creepy section would turn us all into snitches -- or else. Here's the text:
The violations cited in the first paragraph all concern "drug trafficking." But they could include such minor matters as a neighbor couple buying a baggie of cannabis for a Saturday evening's recreation. Or your son giving a joint to a young friend.
Yes, turn in your friends and relatives. Testify against them in court. Even (possibly) be forced to wear a wire while having conversations with them -- or go to federal prison for up to 20 years.
But what if the violators in question really are violent drug traffickers? Well, then the law gives you no time to think about your actions, or to prepare to protect your family. The law requires you to report anything you know before a full day is out -- even if your report might result in you being beaten or killed by gangsters.
And think about this: Will the government decide you're a felon because you don't turn in your neighbor, your daughter, your son, your wife, or your husband?
Once Mr. Sensenbrenner and his friends brand you a felon, what happens to your right to own firearms?
THAT'S NOT THE ONLY BAD NEWS FOR GUN OWNERS
The second very worrisome provision is "SEC. 8. ASSURING PROGRESSIVE ENHANCEMENTS FOR PERSONS POSSESSING OR USING FIREARMS."
This section reads, in part:
Please keep in mind that when federal law talks about "possessing" or "using" a firearm, this is meant in the broadest possible sense.
Having an unloaded gun locked in a trunk in another room is "possessing" a firearm. Carrying a firearm in the glove compartment of your car while committing a non-violent crime in a nearby building is "using" a firearm -- as many real-world court cases have demonstrated.
"THE DISINTERESTED DISPOSITION TO PUNISH":
JAMES SENSENBRENNER AND THE DESTRUCTION OF FREEDOM
On April 13, Rep. Phil Gingrey of Georgia introduced H.R. 1603, "The Fairness in Firearm Testing Act," (http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.01603:) into the U.S. House of Representatives. The bill was immediately referred to the House Judiciary Committee, chaired by Rep. James Sensenbrenner.
Five weeks later, there the bill sits. Not a single other member of Congress has signed on as co-sponsor. No action has been taken.
Self-proclaimed "Second Amendment supporter" Sensenbrenner is keeping H.R. 1603 bottled up in committee.
HOW COULD ANYBODY OPPOSE SIMPLE FAIRNESS?
As you may recall from an earlier JPFO alert (http://www.jpfo.org/alert20050418.htm) this bill requires the Bureau of Alcohol, Tobacco, Firearms, and Explosives to video-record all tests it conducts on firearms and to supply unedited copies of the recordings to owners of those firearms and to defendants in any cases involving those firearms.
This bill does one thing only: It demands that the federal government provide truthful, verifiable evidence in legal cases.
The bill is not "pro-gun." It's merely pro-honesty.
Anyone who spent even a few minutes watching the footage in "BATFE Fails the Test" (http://www.jpfo.org/batfevideo.htm) knows that the BATFE is a dishonest, incompetent organization that must be forced to stop "testilying" against innocent gun owners.
But James Sensenbrenner won't watch "BATFE Fails the Test." We know, because we sent him a copy. His only response was an insulting letter praising the BATFE for "combat[ting] violent crime and terrorism" and "protect[ing] Americans' constitutional rights." (http://www.jpfo.org/sensenbrenner.jpg).
Mr. Sensenbrenner apparently wants the BATFE to go on abusing gun owners. Why?
Before we answer that question, there's more to tell. At first, the disgusting information below seems unrelated to Sensenbrenner's support of the BATFE. But it's all part of a larger picture.
IS AN INMATE RUNNING THE ASYLUM?
While opposing gun owners' rights, Mr. Sensenbrenner has been very busy promoting his own agenda. And to say his agenda is frightening would be a vast understatement.
You probably already know about his Real ID Act, which became law last week. Among other things, the act puts control of our state drivers licenses (and our personal data) into the hands of the Department of Homeland Security, effectively creating a national ID card and an internal passport. (http://www.jpfo.org/alert20050511.htm) When Real ID is implemented, the federal government will control your ability to travel, buy a firearm, open a bank account, purchase liquor, and more.
Unfortunately, Mr. Sensenbrenner isn't stopping there.
He now wants to turn you into a federal criminal for doing ... NOTHING AT ALL.
He has introduced H.R. 1528, "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2005." (http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.01528:)
H.R. 1528 contains two sections that ought to chill the blood of freedom-loving Americans -- gun owners, in particular.
SNITCH OR GO PRISON -- AND LOSE YOUR GUN RIGHTS?
The first creepy section would turn us all into snitches -- or else. Here's the text:
"SEC. 425. (a) It shall be unlawful for any person who witnesses or learns of a violation of sections 416(b)(2), 417, 418, 419, 420, 424, or 426 to fail to report the offense to law enforcement officials within 24 hours of witnessing or learning of the violation and thereafter provide full assistance in the investigation, apprehension, and prosecution of the person violating paragraph (a).
"(b) Any person who violates subsection (a) of this section shall be sentenced to not less than two years or more than 10 years. If the person who witnesses or learns of the violation is the parent or guardian, or otherwise responsible for the care or supervision of the person under the age of 18 or the incompetent person, such person shall be sentenced to not less than three years or more than 20 years."
The violations cited in the first paragraph all concern "drug trafficking." But they could include such minor matters as a neighbor couple buying a baggie of cannabis for a Saturday evening's recreation. Or your son giving a joint to a young friend.
Yes, turn in your friends and relatives. Testify against them in court. Even (possibly) be forced to wear a wire while having conversations with them -- or go to federal prison for up to 20 years.
But what if the violators in question really are violent drug traffickers? Well, then the law gives you no time to think about your actions, or to prepare to protect your family. The law requires you to report anything you know before a full day is out -- even if your report might result in you being beaten or killed by gangsters.
And think about this: Will the government decide you're a felon because you don't turn in your neighbor, your daughter, your son, your wife, or your husband?
Once Mr. Sensenbrenner and his friends brand you a felon, what happens to your right to own firearms?
THAT'S NOT THE ONLY BAD NEWS FOR GUN OWNERS
The second very worrisome provision is "SEC. 8. ASSURING PROGRESSIVE ENHANCEMENTS FOR PERSONS POSSESSING OR USING FIREARMS."
This section reads, in part:
"... the Sentencing Commission shall amend the sentencing guidelines, policy statements, and official commentary issued under section 994 of title 28, United States Code, so as to ensure--
"(1) that the specific offender characteristics under section 2D1.1(b) provide for increases to the base offense level of--
"(A) 8 levels if a firearm was possessed in or near the presence of a person under the age of 18 ...
"(B) 6 levels if the defendant discharged a firearm or 8 or more firearms were possessed ...
"(C) 4 levels if the defendant brandished or otherwise used a dangerous weapon (including a firearm) or possessed a firearm described in section 921(a), (6), (8), or (30) of title 18 United States Code ...
"(D) 3 levels if 2 or more firearms were possessed ..."
Please keep in mind that when federal law talks about "possessing" or "using" a firearm, this is meant in the broadest possible sense.
Having an unloaded gun locked in a trunk in another room is "possessing" a firearm. Carrying a firearm in the glove compartment of your car while committing a non-violent crime in a nearby building is "using" a firearm -- as many real-world court cases have demonstrated.