Tuesday, April 2, 2013

Freedom

The Erosion of Freedom, Overnight


Tonight is an interesting night. Tonight, myself and the rest of the law abiding people of Connecticut are free people. Tomorrow however, Connecticut's legislature will vote to make us all criminals. Us, people who have followed the law; who pay taxes; who stood on the soap box against our elected officials. And yet, they still will sign away our rights, most likely to thunderous applause.

They are planning to introduce, pass and sign sweeping gun legislation. There is still no published text of the bill, only what sound bites the politicians are releasing. This bill, whatever it is, is being labeled by supporters as the best gun control laws in the country. I tend to agree with them as it sounds like it criminalize almost every type of common use weapon and make the sale/possession a crime, but what will that solve?

We can debate all the pros/cons of doing banning everything but frankly I couldn't give a crap anymore. The nation has been divided. You either want to ban everything or you don't want any changes. I heard an interesting quote a month ago "The country is quickly picking sides. There are the people who want to ban guns and the people who have guns. I want to be on the side with the guns."

Another saying I have heard which I think is relevant here:

"First they came after the old and disabled, and I did not care because I was not old or disabled.
Then they came after the sick and the poor, and I did not defend them because I was not sick or poor.
Then they demonized guns and their owners, and I did not step up because I did not own any guns.
Then they came after me. And no one was left to defend me."

I am sure we have all heard different versions of that but it rings true. Gun owners are being demonized, degraded and isolated as villains in this country. We are mocked, attacked and humiliated on tv programs and radio shows. Slowly, over time, our enemies will take our guns away. There will be no revolution, no shots fired, but people will probably die. And when we as a collective whole are gone, who will they go after next?

Alcoholics? (alcohol kills more people than assault weapons each year by a huge margin)
People who have phones capable of texting? (texting while driving)

The mantra of:


can be adapted to anything. "We need to ban text capable phones as too many children per year are dying in texting while driving related accidents." If it saves 1 life, it is worth it. Think about that, what can you think of where that mantra couldn't be used to ban something else? I can't think of any. 

You may be staying home, and staying out of this discussion, but after this is all over, they may come after you. And I wont be there to help you.

"I may not agree with what you have to say, but I will defend to the death your right to say it."

We have all heard that one too or something to the same effect. Well what do you think our 1st Amendment is about? Freedom of speech, exactly. It was given to us as an INALIENABLE RIGHT by our founding fathers. What are you going to do when someone tries to take that right away?

Enter stage right: The 2nd Amendment.

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

Ive got news for you, we are the last protectors of the free state. 'We the People' have to fight for our freedom. Thankfully most of the time it is a peaceful fight, through the courts, or by persuading our elected officials to vote for liberty and freedom. But sooner or later, others will try to take your right to free speech, your right to not be the subject of an unlawful search, your right not self incriminate. And if you let them take your right to bear arms away, you won't have much to fight back with. 

You may not agree with my desire to exercise my 2nd Amendment rights, but we are all linked in the fight to preserve liberty, freedom and the pursuit of happiness. I would hope you would stand by my side just as I would stand by yours. 

75 years later. 


Tonight I am a free man. Tomorrow I will watch helplessly as they turn me into a felon. I will have done nothing more than wake up and go to work yet by the time I come home I might be a felon. They will make the things I own into class D felonies. Here are a list of other Class D felonies. 

Sexual assault of a minor
Promoting prostitution
Larceny 3rd degree
Perjury
Bribery
Incest
Possessing child pornography
Stealing a firearm

For each magazine I have, for each gun I have I would be guilty of 1 count of a felony equal to the above (I have a grace period to register each item with the state police and give them access to verify). Each punishable by 1-5 years in prison. So what is perfectly legal tonight, tomorrow could put me in jail for a maximum of 75 years. 75 years....For what? What did I do? What did my guns/magazines do? I have no interest nor desire to hurt anyone outside of self defense. Yet I could be thrown in jail until I am 101 years old? 

It is a weird feeling, becoming a felon. I liken it to being slowly boiled alive. You know things are changing, you can feel the heat, but by the time you realize what is happening you are already dead. I saw this all coming and am prepared.  To keep my rights, I will be forced to move since 75 years in prison doesn't sound appealing. I doubt this state will miss my tax money, my donations to charities or my guns as I pick up and move to a state that fights for freedom. I won't even look back. 






Saturday, December 22, 2012

Pistol Grips

What is it?

Pistol Grip of an AR-15
A pistol grip is essentially a type of grip that orients the shooter's hand in a vertical forward position, similar to holding a pistol.

Why are they more lethal? 

Well, the purpose of using a pistol grip on rifles such as the AR-15 or AK-47 is really to provide a comfortable grip while shooting. This style of grip arguably provides better controllability both while shooting and while maneuvering the weapon. It does not offer any direct improvement it the weapon's lethality (ammunition, magazine size and accuracy are unchanged). 


Wednesday, December 19, 2012

Time to buy

"How hard can it be?" 
                  -Jeremy Clarkson

That question is difficult to answer based on the fact that of the 50 states in this country, every state has laws regarding how and what a citizen can purchase. For the sake of argument we will start with the easiest ways since that seems to be the sticking point and address the exceptions as we go. This is long, I apologize but it is somewhat complicated.

Form 4473

Form 4473
This is where it all begins, at least when done legally. In case it is against the law, I won't be telling you the correct way to fill out this form to get a gun, but I will give you the basic points as to what it asks and what it means.

The form 4473 (Firearms Transaction Record) is the federally required form that all purchasers must fill out when purchasing or having a firearm transferred to them through a FFL holder (Federal Firearm License). It covers the basics such as height, weight, eye color, address, race, etc. To even fill one out you must present a Government issued photo ID listing your current residence.

The critical part of the form consists of 12 or so questions. Specifically the form asks you questions regarding:

  • Country of citizenship
  • Your dependance on drugs or alcohol, or lack thereof
  • If you have ever been convicted of a felony, or certain disqualifying misdemeanors
  • Your mental capacity
  • Immigration status
  • And most importantly, if you're the actual buyer.
I mention the last part because if you are not the actual buyer and you are in fact buying it for someone else you're actually committing a felony 'straw purchase' which we will talk about later.

Lying on the form 4473 is considered a felony punishable by up to 5 years in prison and the revocation of your right to own a gun, essentially, for ever (being a convicted felon disqualifies you on this form).

If you meet the legal requirements presented on this form the FFL (gun dealer) will proceed to call in a NICS check. NICS stands for National Instant Criminal background check System. This system is linked to the National Crime Information Center and other databases maintained by the FBI. This system will perform an eligibility check on you, the purchaser of the firearm, to determine if you meet the federal requirements to own a gun. The NICS check will return one of three possible responses:
  1. Approved-an approval number is then written on the 4473 form and the form is stored with the FFL for a period of not less than 20 years
  2. Hold-A more thorough check will be conducted and the sale is placed on hold. By law the NICS has three days to determine eligibility. If three days lapse with no response the sale is approved. However if after three days it is determined that at the point of sale it should have been denied, the firearm must be retrieved
  3. Deny-Exactly what it sounds like. This in and of itself is not a crime, but for any number of reasons the sale was denied. Purchasers can challenge the ruling by appealing through the appropriate legislative paths outlined in the Brady Handgun Violence Prevention Act of 1993. Denials can happen by mistaken identity (a crime was committed by a person with the same name), or because you lied on your form 4473 which again, is a felony.
If the purchaser is approved, the FFL will complete the sale and depending on the state of sale, the purchaser can then leave with their new firearm. Just like that. 

The Exceptions

Sound too easy? Well for the most part it is, provided you are a law abiding citizen with no documented mental health issues, drug/alcohol dependance or history of violence. However, different states have different rules that can make it more complicated. 

For example, in Florida a person without a license to carry a concealed weapon (CCW), must wait three business days before he/she is allowed to pickup a handgun. In Connecticut, a person without a CCW is not even allowed to drive home with their handgun (CT has certain permits and applications that must be approved both locally and on state levels that allow you to bring your handgun home, but you can't leave home with it without a CCW). Connecticut also has a law stating that anyone without a CCW must wait two weeks to pick up a long gun (rifle/shotgun) after approval. The NRA-ILA has a good breakdown of each state and their individual laws. 

Gun Show Loophole

Everyone is talking about it, but what exactly is it? The Government Accountability Office (GAO) raised concerns that gun shows provided convicted felons and other prohibited persons access to firearms without a background check. But for all intents and purposes the Gun Show Loophole is referring to Face To Face (FTF) sales where someone can buy a firearm from another private citizen without a background check, regardless of whether or not the sale is at a gun show or behind the local 7-11.

Some states do not prohibit private FTF sales of firearms, others do. A FFL holder must, repeat MUST, perform a background check regardless of sale location. Private citizens, depending on the state, do not. Connecticut for instance allows you to sell firearms privately but the transfer must be made through an FFL holder and a background check must therefore be done. Florida on the other hand has no restrictions on FTF sales, at least at the time I last lived there. 

While we are on the subject, lets clear up another misconception. You cannot, with extremely rare exceptions, walk into a gun show and buy a machine gun. Remember, the manufacture of machine guns for civilian sale was halted with the Hughes amendment in 1986. The exception being if a dealer or private citizen had one for sale at the show. Since transferable machine guns are rare, they do command prices exceeding $15,000. 

Internet Sales

Like pretty much everything else these days, you can buy guns over the internet. Whether through registered auction sites or from gun dealers in other states, anyone can order a gun. What is the catch?

All interstate sales must be completed through an FFL. Essentially you can buy any gun, provided it is legal to own in your state, and have it shipped to a local gun dealer. That dealer will then have you fill out a 4473 form and perform a NICS check. From there, the rest of the gun buying process applies, although the dealer will most likely charge you a fee. The only exception to this interstate, out of state purchasing laws, are black powder rifles which are not registered with the ATF and therefore can be shipped directly to your door.

Some quick follow up points

A CCW permit can be issued in almost any state (Illinois being the only exception). Again, depending on the state, this allows the permit holder to carry a concealed weapon or their person. Each state has laws regarding the use of said firearm and the requirements to obtain the permit. Most states require the applicant take a class (both on firearm safety and the state CCW laws) and demonstrate safe gun handling on a live fire range. Not all states have the same requirements and not all states will accept another state's permit. There has been recent attempts to standardize the permit through congress but so far nothing has been passed. Wiki has an article about the intricacies of CCW if you're interested. 

Some states require special ID cards to purchase certain firearms. NJ, IL and MA are just a few. This is in addition to a 4473 and NICS check and sometimes carry fees.

A 'Straw Purchase' is a crime by which you buy a firearm for someone else specifically someone who cannot pass, or is unwilling to submit to a background check. Even mentioning that you are buying with the intent to sell to someone will get you thrown out of a gun store (not that it is illegal since FTF sales are permitted in some states but it raises too many eyebrows and the FFL will not take the chance). Buying as a gift is a grey area which is a whole other topic.