The pursuit of Constitutionally grounded governance, free markets and individual liberty
"There is but one straight course, and that is to seek truth and pursue it steadily." --George Washington
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What is Criminal Law and What does it have to do with guns?
Criminal
Law is a fairly well-known area of law. Although its other nomenclature, penal law,
is less familiar. Most people have a
pretty good idea of what criminal law is; it covers crimes, prosecution and
defense. This is as good a definition as any. However, more specifically,
it encompasses the rules and statutes
written by Congress and state legislators dealing with any criminal activity
that causes harm to the general public, with penalties. It also includes
decisions by appellate courts that define and interpret criminal law and
regulate criminal procedure, in the absence of clear legislated rules. As such,
it covers a very broad range of topics and issues.
Criminal law envelops the criminal procedure employed when charging, trying, sentencing and imprisoning defendants convicted of crimes, as well as regulation concerning how suspects are investigated, charged and tried. Criminal law is typically enforced by the government. The state, through a prosecutor, initiates the suit. Criminal Defense law covers the legal area of defending against a criminal charge. Some subcategories of criminal law include Substantive Criminal law; Criminal Procedure; and the special problems and issues arising in administration and enforcement of criminal justice.
Substantive Criminal law deals with the “substance” of the law. It identifies what the crimes are, their classifications (i.e. petty crime, misdemeanor, felony) and how they should be charged, as well as their possible penalties. Which courts have jurisdiction over what cases and who will be responsible for prosecuting them is determined by criminal statutes.
Criminal Procedure picks up where substantive criminal law leaves off. It deals with the enforcement of these laws. Most notably, it addresses how an individual accused of a crime may be handled, dealt with and prosecuted, especially with regard to the individual’s constitutional rights. It also covers rules of evidence, witnesses, investigations and the like. When someone demands their due process, evokes his right to silence, to a speedy trial or to legal representation, this is part of the process of criminal procedure.
Criminal law envelops the criminal procedure employed when charging, trying, sentencing and imprisoning defendants convicted of crimes, as well as regulation concerning how suspects are investigated, charged and tried. Criminal law is typically enforced by the government. The state, through a prosecutor, initiates the suit. Criminal Defense law covers the legal area of defending against a criminal charge. Some subcategories of criminal law include Substantive Criminal law; Criminal Procedure; and the special problems and issues arising in administration and enforcement of criminal justice.
Substantive Criminal law deals with the “substance” of the law. It identifies what the crimes are, their classifications (i.e. petty crime, misdemeanor, felony) and how they should be charged, as well as their possible penalties. Which courts have jurisdiction over what cases and who will be responsible for prosecuting them is determined by criminal statutes.
Criminal Procedure picks up where substantive criminal law leaves off. It deals with the enforcement of these laws. Most notably, it addresses how an individual accused of a crime may be handled, dealt with and prosecuted, especially with regard to the individual’s constitutional rights. It also covers rules of evidence, witnesses, investigations and the like. When someone demands their due process, evokes his right to silence, to a speedy trial or to legal representation, this is part of the process of criminal procedure.
As you read above, where the Constitution through the second amendment allows gun ownership, it is possible that certain actions with a gun could lead to a violation of law. However, the simple act of legally owning a gun does not in itself invoke Substantive Criminal Law or need for Criminal Procedures. Here-in-lies the delusion of those wanting Federally Mandated Gun Control. Attempting to "criminalize" a Constitutional Right is unconstitutional on its face. A gun cannot commit a crime, a person can. The mere ownership of a gun cannot "predict" a crime will be committed.
Take
the most serious matter one can consider "murder". A person willfully taking another life is
clearly a crime. However, having such a
criminal statute on the books at the Federal and State level is not
preventative. The discourse from the
left behaves as if a "law" will prevent crimes. Most recently, one such as the Sandy Hook
massacre. Such laws have not and never
will prevent such crimes. The answer as
to why is simple. Laws have never been
able to control behavior. Crimes such as
"murder" are crimes of behavior (passion) where one person behaves in
such a way (violent) that another person dies.
We can (and have in many cases) passed laws dealing with unwanted
behavior. However, they still persist
and in some cases are worse than ever.
Many of this type of legislation comes from both the right and the left. It depends on which one decides a particular
behavior is "bad" and must be controlled. Murder for whatever reason by the perpetrator
is still murder. Attempting to declare
one type of murder as more or less "worse" than another is delusional
at best. A life had been taken by
another, period.
So,
what does all of this have to do with guns?
Guns are no different than banning "things" because they are
deemed not good for society (think drugs).
However, as everyone knows and few want to admit, laws criminalizing
such has not stopped harm to society. Yet there are many facts that can be
examined that would say things are decidedly worse. So, here we are with two groups yelling at
each other, demonizing each other and presenting "information" or
"data" to support their point of view. However, those of us still able to perform
critical thinking, must tear ourselves away and choose not to participate in
this insanity.
So,
what are our options? Unfortunately there are few. We can both physically restrain or
control people with known violent behavior and learn how to protect
ourselves in the event we must. That may
mean meeting violence with force. Which
is not preferable to most people. However,
we cannot expect anyone (especially the government through laws) to protect
us. Have we lost our survival instincts
and abilities? Our behavior would
suggest yes. Can we depend upon others
in a moment of immediate crisis.
Unfortunately, no. A quick look
at history will demonstrate that fact.
We watch and read about "heroes" every day. These are normal people that when the need
presented itself they relied on their survival instincts and abilities. In many cases, killing (yes I said the word)
the bad guy to save lives. That, my friend,
is honorable behavior. It is regrettable
that one had to do it (ask any of them) but the right thing to do no less.
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President Barack Obama's Blatant Political Demagogy Using
Children as A Prop!
Yesterday, Barack Obama’s announcements on his gun
control measures amounted to a declaration of war against law abiding American
citizens who value the US Constitution and the Bill of Rights. Surrounded
by several children, Obama announced that he was asking Congress to curb gun
violence. Part of his plan involved the closing of all loopholes in
background checks to make them universal. And to no one’s surprise, he
wants a complete ban on military assault-style weapons and high-capacity magazines.
In his diatribe against guns, Obama said:
“This is our first task as a society—keeping
our children safe. This is how we will be judged. And their voices should
compel us to change. I will put everything I’ve got into this…but the
only way we can change is if the American people demand it. To make a real and
lasting difference, Congress must act, and Congress must act soon.”
The then vowed to take whatever action his office
can take to insure that his gun control measures are put into place. He has also promised $500 million (which we
don’t have) to make it all happen. We have hundreds of small children die every day from all sorts
of violence and brutality across the country.
Why the sudden attack on gun ownership only? Don't be fooled! He is an opportunist politician, using
the emotions of the Republic to push an agenda.
Think no further than that. Don't
be fooled.
~~~~~~
Obama Wants Doctors Interrogating Patients About Guns
A week ago,
Breitbart had reported that Obamacare
actually prohibited the Department of Health and Human Services from collecting
information on gun owners. Awr Hawkins wrote:
“It
seems that in their haste to cram socialized medicine down the throats of the
American people, then-Speaker Nancy Pelosi (D-CA) and Barack Obama overlooked Senate
amendment 3276, Sec. 2716, part c. According to reports, that amendment says
the government cannot use doctors to collect ‘any information relating to the
lawful ownership or possession of a firearm or ammunition.’”
Obama has now
clarified with his recent executive actions that Obamacare does not actually
prohibit doctors from interrogating their patients about guns. In fact, the
Obama administration is encouraging doctors to do just that. Here’s the
relevant passage taken from the Weekly Standard:
Preserve
the rights of health care providers to protect their patients and communities
from gun violence: We should never ask doctors and other health care
providers to turn a blind eye to the risks posed by guns in the wrong hands.
~~~~~~
The List: President Obama’s 23
Gun-Control Measures by The
Tatler
Today, the president is announcing
that he and the administration will:
1. Issue a Presidential Memorandum to require federal agencies
to make relevant data available to the federal background check system.
2.
Address unnecessary legal barriers,
particularly relating to the Health Insurance Portability and Accountability
Act, that may prevent states from making information available to the
background check system.
3.
Improve incentives for states to
share information with the background check system.
4.
Direct the Attorney General to
review categories of individuals prohibited from having a gun to make sure
dangerous people are not slipping through the cracks.
5.
Propose rulemaking to give law
enforcement the ability to run a full background check on an individual before
returning a seized gun.
6.
Publish a letter from ATF to
federally licensed gun dealers providing guidance on how to run background
checks for private sellers.
7.
Launch a national safe and
responsible gun ownership campaign.
8.
Review safety standards for gun
locks and gun safes (Consumer Product Safety Commission).
9.
Issue a Presidential Memorandum to
require federal law enforcement to trace guns recovered in criminal
investigations.
10.
Release a DOJ report analyzing
information on lost and stolen guns and make it widely available to law
enforcement.
11.
Nominate an ATF director.
12.
Provide law enforcement, first
responders, and school officials with proper training for active shooter
situations.
13.
Maximize enforcement efforts to
prevent gun violence and prosecute gun crime.
14.
Issue a Presidential Memorandum
directing the Centers for Disease Control to research the causes and prevention
of gun violence.
15.
Direct the Attorney General to issue
a report on the availability and most effective use of new gun safety
technologies and challenge the private sector to developinnovative
technologies.
16.
Clarify that the Affordable Care Act
does not prohibit doctors asking their patients about guns in their homes.
17. Release a letter to health care providers clarifying that no
federal law prohibits them from reporting threats of violence to law
enforcement authorities.
19. Provide incentives for schools to hire school resource
officers. Develop model emergency response plans for schools, houses of worship
and institutions of higher education.
20.
Release a letter to state health
officials clarifying the scope of mental health services that Medicaid plans
must cover.
21.
Finalize regulations clarifying
essential health benefits and parity requirements within ACA exchanges.
22.
Commit to finalizing mental health
parity regulations.
23.
Launch a national dialogue led by
Secretaries Sebelius and Duncan on mental health.
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