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Author Topic: Cut and paste. Very good read though!
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Gun Owners Foundation helping Wyoming to Dump a Federal Gun Ban
By Larry Pratt (10/02/2006)

Federal legislators have long thought they were in charge of the
nation’s local cop shops.

Just look at their campaigns. Opposing candidates trade charges that
the other is soft on crime or is not compassionate enough toward
criminals. They both assume, usually without even thinking, that
the U.S. Congress grants constitutional authority to enact criminal
legislation at the federal level.

Do the feds have such authority? I have not been able to find that
in the Constitution. Neither could the founders. For example, James
Madison, one of the chief architects of our Republic, argued that
there was original federal jurisdiction for crime laws only in the
areas of postal fraud, counterfeiting, piracy and treason.

Lautenberg gun ban disarms people for pushing-shoving cases

Unhappily, that has not kept both parties in Congress from enacting
criminal laws for which they have no grant of power from
We the People. One such example was an anti-gun law that was snuck
into the federal code by Sen. Frank Lautenberg in 1996. With no
debate, a vote on a 2,000-page appropriations bill provided
Lautenberg’s vehicle for him to amend. Most members of Congress had
absolutely no idea the measure was in the bill.

Shortly after that, GOA heard from a state police cadet. He was
unceremoniously canned from the academy. Why? He had a Lautenberg
disability. Namely, years before, he had been convicted of a domestic
violence misdemeanor. In his case, it was a shouting match with his
father that had been resolved when his dad called the cops. Once
they had taken him in, they insisted that they had to proceed to trial.
Rather than go through that, both father and son wanted to call it
quits, and so dad paid the small fine and off they went. That was
all there was to it -- until Lautenberg.

The state police admitted the young man to their academy because he
had passed a background check. Until the 1996 Lautenberg ex post facto
law, federal statutes never prohibited gun ownership for those with
minor domestic infractions -- however long ago those misdemeanors
occurred (another unconstitutional feature of this law). Tyranny
occurs when officials change the rules and penalize previously legal
behavior -- such as the Lautenberg law does.

Enter Wyoming Senator Cale Case. He has a constituent who in 2003
was unable to get a hunting license because he flunked the background
check which showed a domestic violence misdemeanor conviction.
No hunting with guns for him!

After a lot of planning and consulting with the state attorney
general, prosecutors, a group representing domestic violence victims
and the public, Case got his bill passed by the legislature unanimously.To cut to the chase, his constituent now has his hunting license because he can legally own a gun in Wyoming.

Wyoming law neuters Lautenberg gun ban

Case’s measure works this way. An individual with a Wyoming domestic
violence misdemeanor conviction may apply for a concealed carry
firearms permit in Wyoming. If there be no other disqualifications
that would prohibit the applicant from owning a gun, the prosecutor
and the victim are both notified of the application. If neither of
them have any objection, the concealed carry firearms permit is issued.

The federal Brady Law (Lautenberg was an expansion of that law) says
that a background check is not required for a gun purchaser if the
buyer has a concealed carry permit issued during the last five years.
Voila! In Wyoming, the individual who had been disabled by federal
law is now enabled to own a gun and hunt and carry a concealed firearm.

Of course, the anti-gun Bureau of Alcohol, Tobacco, Firearms and
Explosives (BATFE) is trying to keep the Wyoming statute from being
enforced. The BATFE has taken the state of Wyoming to court and the
matter is now in the U.S. District Court for the state of Wyoming.

GOF working to repeal federal gun control in Wyoming

Gun Owners Foundation (GOF) is right there beside the Wyoming attorney
general -- the state official responsible for defending the law.

The GOF brief points out that the BATFE has no grounds for objecting
to Wyoming's action. The state is at liberty to expunge a Wyoming
criminal record, and that is explicit in the federal law as well as
in the record of congressional intent.

Indeed, Wyoming will only partially expunge such convictions -- just
for purposes of getting a concealed carry firearms permit. If the
individual is convicted of an additional violent crime, the domestic
violence conviction would not have been expunged for that purpose.
That means that the prior conviction could be used to enhance the
penalty for some future conviction.

The victims group and the prosecutors in Wyoming supported Case's
bill because they saw that it would promote their interest. With the
Lautenberg measure as the only law, prosecutors and victims alike
were often reluctant to press a domestic violence charge. They
frequently felt that the punishment did not fit the crime, especially
since many of these misdemeanors only involve shouting, pushing or
shoving incidents.

Case's bill makes the punishment for a domestic violence misdemeanor
much more appropriate for the offense. After a year of good behavior,
the guilty party can petition for a concealed carry permit.
So he doesnot face a lifetime of being disabled from protecting
himself with a gun.

At the same time, he has a record which could hit him hard if he is
convicted of a future violent crime. Moreover, he is subject to a
hearing if the prosecutor or the victim has concerns about his violent
behavior. The hearing could result in blocking the application for
the permit.

One of the ironies of the BATF lawsuit against Wyoming involves the
former head of the bureau's director, Carl Truscott. His name appears
as the plaintiff in his official capacity when the suit was filed.
Events have overtaken the lawsuit. Mr. Truscott has since resigned
from the BATF under a cloud of financial impropriety involving the
use of taxpayer's funds for his own use.

As I have argued before, crooks support gun control because they want
a safe working environment which would not be the case if all their
victims were armed.

Larry Pratt

Lautenberg how I hate that bastard! [Mad]

Posts: 6748 | From: Oklahoma | Registered: Sep 2000  |  IP: Logged
Booted the fuck out a here!
Member # 377

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Good post Pud, I'm glad to see that somebody besides myself keeps up with the GOA.
Posts: 2196 | From: Newburg, Ar,Lizard | Registered: Apr 2001  |  IP: Logged

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