In support of Project Exile

Jim March

New member
From the Wash Times:

Gun-control lobby runs out of ammo
By Sean Scully
THE WASHINGTON TIMES
October 2, 2000

Gun control has largely fizzled as an election year issue despite strong efforts by congressional Democrats, activists say. Top Stories

"On the gun issue, the reason that we are losing is that we are being out-organized," said Rep. Jan Schakowsky, Illinois Democrat and an advocate for stronger gun-control laws. "It's that simple. . . . "[Pro-gun activists] are organized and mobilized, so that is shame on us."

This time a year ago, congressional Democrats were confidently predicting they would use public outrage over a series of highly publicized school shootings to topple Republican control of the House. They took every opportunity to speak on the House floor or stage rallies around the Capitol to criticize Republican leaders for defeating a package of gun-control measures that passed the Senate but failed in the House.

Vice President Al Gore, meanwhile, began his presidential bid vowing to pass new gun-control laws including requiring all handgun owners to obtain a government license and promising to "stand up to" the National Rifle Association. Gun-control backers, led by a woman with links to the Clinton administration, organized the "Million Mom March" in May to put pressure on lawmakers to pass new gun laws.

But recent polls show the public has little taste for new gun laws and doesn't necessarily blame Republicans for the failure of the gun-control package on Capitol Hill. Mr. Gore has muted his attacks on guns as he struggles for votes in the Midwest and South, where hunters and gun owners are a major power.

"The bottom line is Democrats have figured out that the gun-control issue isn't as popular as they thought," said Rep. J.C. Watts, Oklahoma Republican and chairman of the Republican Conference.

Gun-control supporters held a press conference Thursday on Capitol Hill to premiere a pro-gun control documentary and "bring new energy to the gun violence debate."

"I think their admission of, if not defeat, . . . the need to regroup, is absolutely correct," said Rep. Bob Barr, Georgia Republican and a leading gun-rights activist. "They have misread how far they can push this issue with the American people."

Except for Mrs. Schakowsky, the organizers of the gun-control press conference were reluctant to say that their effort to inject the issue into the election has failed, but there was a clear tone of irritation in their remarks.

Mike Beard, president of the Coalition to Stop Gun Violence, blamed the media for the flagging gun-control campaign. He said many people are interested in the issue but are discouraged by the lack of attention it is getting. He cited some students he spoke to in North Carolina last week.

"They're a bit confused and quite angry about what's going on with the issue of gun violence," Mr. Barnes told reporters. "They're confused about why you in the media aren't covering the subject more, why you won't ask the candidates what is your stand on the issue of gun violence. They want more questions from you, they want to hear some responses from the candidates."

They hope to revive the issue with a series of rallies around the nation today, featuring members of the Clinton administration such as Attorney General Janet Reno and Housing and Urban Development Secretary Andrew Cuomo.

But pollsters and strategists say there is little chance gun control will emerge as a galvanizing campaign issue.

A series of polls over the past year show that voters are more excited about candidates who promise stronger enforcement of existing laws a major theme of Republican presidential nominee George W. Bush and of congressional Republicans over those who promise new gun laws a theme of Mr. Gore and congressional Democrats.

A Gallup poll, conducted in the first week of September, showed that 53 percent of voters prefer a candidate who supports stronger enforcement while 45 percent prefer a candidate who advocates new laws. In July, pollster John Zogby found that likely independent voters prefer the stronger enforcement approach, 69 percent to 25 percent.

Efforts to inject the issue into the election are further complicated by the unusual politics of gun control. Opinions on firearms tend to break down along regional lines or along urban/rural lines, rather than along neat party divisions.

Republican strategist Whit Ayres says those splits make it more difficult for Democrats to lay claim to gun control without offending large blocks of voters they need to win this razor-thin election. It also makes it more difficult to blame Republicans for the failure of the gun control bill on Capitol Hill since it was not a neatly partisan issue.

The man most responsible for the failure of that bill when it came up for a vote last year was Rep. John D. Dingell of Michigan, the most senior Democrat in Congress and normally a stalwart ally of party leaders. He led a coalition of 45 Democrats many of them holders of powerful committee and leadership spots in opposing Democratic proposals to tighten regulations on gun show sales.

That dissident faction allied with pro-gun rights Republicans and blocked the remaining Democratic leadership.

"I don't think people are particularly interested in the subject," Mr. Dingell said last week as it became clear the gun bill would die.

"I haven't heard any vast groundswell by anybody to be taking guns away from law abiding citizens. . . . All you've got to do is take [guns] away from criminals," he said. "There are people who have quite a different idea on that around here."

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Jim again.

Why is there no groundswell of public support for new gun control?

Project Exile is a big part of it. By *seriously* enforcing Fed law already on the books regarding violent street felons with guns and drug dealers with guns, and proving that crime can be reduced that way, the call for new gun laws isn't just muted - it's exposed as idiocy.

Exile *cannot* be used for "pure carry busts" because that's a state law problem - there's no Fed gun carry ban except for felons.

IN THEORY, Exile could be used for "technical violations" of Fed gun law of the type we're all nervous about - there's just so damn many of 'em, more than any lawyer can track.

But so far, it hasn't happened. If it had, Larry Pratt at GOA or any of half a dozen others would have screamed bloody murder, and rightfully so.

The reason it hasn't happened is because the *state* DAs and prosecutors that hand candidate felons off to the Exile system aren't keyed in on the stupider violations either. They know Exile was developed for serious, violent types of street criminals and if it gets diverted into "petty crap" support could fizzle fast.

However, while Exile is powerful medicine, it is indeed potentially dangerous and must be monitored carefully. It's a "short term stall tactic" against new Fed legislation while giving pro-gun politicians like Bush "political cover" - since they back the NRA, the NRA backs (hell, *invented*) Exile and Exile actually fights street crime, people like Bush come out ahead of morons like Gore.

That in turns builds up a legislature and Prez that can roll the crap back, or pick Supremes and lesser Fed judges that can do it in the courts.

That's what the NRA is up to. I've seen lots of wailing and screaming, but I can't see a better overall gameplan and I support this one to the hilt.

Understand, I'm *glad* there's RKBA people independant of the NRA monitoring the situation, such as Larry at GOA. I have a problem with undermining a successful program and overall gameplan based purely on theory and ideology though.

"Theory" is what the grabbers use to decide CCW "must be" causing disasters when the reality is quite different. We know better, or at least, we should.

Jim March
 
Jim,

Besides the Constitutional questions raised by Exile, which are not trivial, Exile did threaten to enforce such things as the renewed version of the federal guns in school law struck down by Lopez decision. I only have heard of one attempted prosecution under the revised law and I hear it was plea bargained.

However, Congress may be getting smarter on the Exile issue. Exile should only be a state program, not a federal program, and I believe that the funding bill that was going through
Congress was attempting to instill further enforcement of existing State laws. This is a great improvement over the Federal exile program, and you have ignored it wasn't the NRA that pushed it. The Commonwealth of Virginia, for instance, where Exile was originally tested, now has a Virginia Exile enforcing State law.

By the way, did you know that the original federal bill banning possession of firearms by felons was struck down as unconstitutional. I used to have the cite, believe it was 1973. Congress repassed the law making a bunch of appeals to regulating interstate commerce. I believe following the Lopez decision that such laws are still unconstitutional, and should be decided by the States.

The GOA and other Constitutional scholars who have raised hell about Exile have provided a valuable service to the NRA. It was a bit naive for the NRA to only focus on the propaganda benefits of Exile without facing up to the serious Constitutional issues. This criticism really was never picked up by the press but I'm sure that the NRA has heard it.
 
Valdez: Well, the NRA leadership MAY have heard the criticism, but based on past performance I'm doubting that they'll take it to heart; Their usual reaction to criticism is to demand conformity to the (NRA) party line, in the name of presenting a united front. Without, of course, actually responding to the criticism itself...

Project Exile is a propaganda problem, too, by the way; It really undercuts all the arguments the NRA made way back when, that these laws are unconstitutional. Were we lying then, or are we today supporting the government violating the Constitution? Guess the 2nd amendment isn't absolute, after all...

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Sic semper tyrannis!
 
And are you saying that if the laws are made by the stae legislature that they dont violate the US constitution much less the state constitution.
The money or bill being forwarded mostly to state control is just as scary to me.
Its hard really to determine which we should fear the most until weve seen it in action for a while.
But I dont want to think about all the fun
the Governor's of CA and NY will have when they receive such money to hire more men and to train their current LEO's to enforce all the current gunlaws on their books and could this not also relate to Mayor's of cities
like Louissianna making certain their city and state laws were enforced.
Im all with Jim/NRA on using the 'were not enforcing the current ones' to stop the passage of any new ones but wont send a dime to anyone who promotes any mass enforcement of gunlaws whether be state city or county.
Hasnt our problem with guncontrol been that it only works on the Law abiding and as a result we knew that such laws would only restrict the law abiding.
Why have we been taxed all these years for police services and judges if their only now doing their jobs and keeping violent criminals gun or not off the streets.
Also because of how much I like him I will be adding some of Larry Pratts comments in his defense.
I hope things are going well for you Jim in CA. and dont envy the burden of that fight your taking on but admire you for doing so.
Ive been hoping youd add to the comments about the registration and civil disobedience threads about CA.
www.ccops.org www.gunowners.org

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"those who sacrifice
liberty for security deserve neither"
 
An "exile based system" targetting STATE law violations would be more frightening than the original type based on Fed law. At least in many states, *especially* in the non-shall-issue CCW states or no-CCW zones. In Virginia it might not be so bad but in Calif, or MA, or NY? GAWD no :(.

As to the other problems with the "original type" of Exile: yes, busts based on no-guns-near-schools would be a problem, and I'm disturbed to hear of even one attempt to nail somebody on that. That's why I like the idea of Larry Pratt and others of his persuasion monitoring things and causing pressure on state DAs that abuse Exile's original intent (truly violent street criminals). Remember: under "classic Exile", it's the DAs that get to pick which cases get passed to the Feds...if there's abuse, that's where it'll start. But those are *elected* officials, so a firestorm of protest over Exile abuses can have results.

Look, I agree that it's potentially dangerous. It may even be on constitutionally shaky ground. But Bush is catching up in the polls, the Dems have gone DEAD quiet about gun control, Southern Democrats are even telling the central party that this trip they're on is about to kill them with union members who hunt or pack CCW. We are finally *winning* the PR war.

OK, so it's "ugly winning". I don't give a flying fornication.

Has anybody got a BETTER idea? Jeez, does anyone here think that "RKBA ideological purity" will fly with todays voters? HELL no. It *might* fly in the court but if Gore stacks the Supremes, we're screwed there too.

Don't just complain. Show me a better gameplan, one more likely to succeed.

Jim
 
Yes, let me make myself clear. The federal government was not instituted to protect us from being screwed by the States. This is a very modern interpretation, and a dangerous one.

For instance, there were official State religions after the signing of the Constitution. Read the federalist papers, the idea of the Federal government was simply to provide a few tasks more efficiently than the states acting independently. The 11th amendment was passed to drive home the point that the fed govt. wasn't instituted to protect us from the states.

What Jim says is right. In states like Virginia we have a pretty serious Bill of Rights ourselves that should limit the ability to screw with the RKBA. In California you're pretty screwed. That's one of the reasons I left my State of birth.

I do agree with you all that the Feds shouldn't be supporting enforcement of state gun laws. But then we shouldn't have exile at all, in my opinion. By the way the SC has tended to agree with me recently, wiping out both the VAWA(Violence Against Women) stuff that impinged on state police powers and also a bill federalizing arson. They just can't bring themselves to rule on a gun or drug case, too controversial.

However, looks as if Bush will win in Virginia. I don't see how he can win in California, the important states are going to be in the Midwest I'd reckon, especially Ohio.




[This message has been edited by Valdez (edited October 02, 2000).]
 
Valdez, I don't get it: you want Bush to win, but you want to strip him of one of his most potent political weapons ("Classic" Exile)?

You want to win, but you want to win with "pure ideological purity"?

Ain't gonna happen, not with the media totally stacked against us.

Think, people.

Jim
 
Jim,

I guess we disagree as to how potent "Exile" has been. I will never support unconstitutional federal intrusions into law enforcement. In the long run I think that it is an extremely dangerous precedent which even the SC is currently cutting back. Why didn't the NRA focus on these SC decisions to further an argument that these things should be handled at the State level? Is this much too subtle for the public? Perhaps.

My actual feeling is that Gore camp is cutting back on the gun control rhetoric because he wants to win Southern states and knows, unlike the media, that gun control is a losing issue in this part of the world. Gun Control sells in the NE, and in Cali, but it really doesn't have the support in much of the West and South.

Remember if Bush wins, a possibility I still think, our battle has just begun. We are really going to have to be organized and vet any court appointees. I also think there is a danger that if we push "Exile" and Gore wins we may have shot ourselves in the foot for the next 4 years.
 
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