February 13, 2009

Another Test of our Constitution

Democrat Bobby Rush of Chicago is at it again. He has introduced a bill that he first tried two years ago. This one will again test our Constitution. The bill, titled the Blair Holt’s Firearm Licensing and Record of Sale Act of 2009, offers up all the same garbage we’ve recently discussed, and we need to address this threat.

Like many before, HR-45 comes all wrapped up with an emotion filled name. Folks around Chicago recognize Blair Holt’s as a child hero. Holt, a high school student, used his body to shield a young girl from harm in a gunfire incident that occurred on a Chicago city bus. It cost him his life. While this is laudable behavior, I fail to see it as reason for yet another gun control bill. That is just too much of a stretch.

Under the proposed bill, gun dealers and owners would be required to obtain a federal license and to register all qualifying firearms (handguns and rifles with external clips) with the government. Same old same old. But this one adds a disturbing element. It is retroactive and would require current firearm owners to become licensed and report their arms within two years.

The proposed bill would also allow for the Attorney General, acting as the nation’s top law enforcement officer, to, “enter any place where firearms or firearm products are manufactured, stored or held for distribution in commerce and inspect those areas where the products are manufactured, stored or held.”

This bill is flawed in so many ways. Other than the obvious Second Amendment questions, the scope of laws that would be enforced under its provisions would violate both the fourth and fourteenth, and it contravenes the recent Supreme Court decision in Heller vs. District of Columbia. The bill would be struck down in the first test case, so why even waste the time?

HR-45 is currently sitting in the House Judiciary Committee pending review. The last version died there and this one probably will as well, but I won’t take that for granted. I’ll be writing (not phoning or by email, a letter gets more attention) my congressional representatives. There are also many reasonable members of the Judiciary Committee and I intend to write them as well. I would heartily recommend you do the same.
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6 Comments:

Rogue Medic said...

This bill is flawed in so many ways. Other than the obvious Second Amendment questions, the scope of laws that would be enforced under its provisions would violate both the fourth and fourteenth, and it contravenes the recent Supreme Court decision in Heller vs. District of Columbia. The bill would be struck down in the first test case, so why even waste the time?

Optimism on the part of the regulation worshipers. What we see as flaws, they see as qualities.

Old NFO said...

Sad that they would use this kid as the "backstop". And yes, it IS flawed about 16 ways to Sunday, in addition to being exactly counter in many ways to Heller. Thanks for the post!

Mark said...

I don't understand why people want to get into politics to attack and destroy the Constitution.

In fact, I think I'm quite happy not understanding that mindset.

Mule Breath said...

Mark said...
“I don't understand why people want to get into politics to attack and destroy the Constitution.”

Folks don’t get into politics with that intention. Rather, they enter politics either for selfish power-lust or for unselfish desire to be a public servant. The attacks on our constitution come as a result of one or the other motive. This is the reason neither the Democrats nor the Republicans deserve to be in office. Both parties have representatives of the two divisions I mention above, and both follow either their greed or their conscience.

The greedy could quite possibly be the least offensive, because all they want is to rob the treasury. The do-gooders almost invariably act in our “best interest.” I’ll quote again from the masthead of Jim Rongstad’s blog, Preserving Freedom.

."Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." -- C. S. Lewis

Mule Breath said...

Bad Yogi had difficulty posting this. His point is valid:

Hello,

For some reason I can't put this in a comment, so I'm sending it directly.

Because of the "white powder" scares over the last several years, snail mail can take days to weeks to be read. I suggest faxing.

Mark said...

Mule,

The last couple of posts I've read of yours have been incredibly thought-provoking. Thank you. I'm just posting this to let you know that I am actually paying attention, I just need to chew on things a bit to actually have something sensible to say in response.