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Senator Feinstein’s Book Ban

Evil Diane

Evil Diane

By Evan F. Nappen, Esq.

Evan Nappen

Evan Nappen

Senator Cruz recently asked the following question to Senator Feinstein:

Eatontown, NJ --(Ammoland.com)- “The question that I would pose to the senior senator from California is,” said Cruz to Feinstein, “Would she deem it consistent with the Bill of Rights for Congress to engage in the same endeavor that we are contemplating doing with the Second Amendment in the context of the First or Fourth Amendment, namely, would she consider it constitutional for Congress to specify that the First Amendment shall apply only to the following books and shall not apply to the books that Congress has deemed outside the protection of the Bill of Rights?”

Senator Feinstein should have honestly answered “Yes.”

In 1997 her bill, S.936 the so-called “Feinstein Amendment”, became law. It banned books and other speech. Her law made it illegal to distribute bomb-making information, punishable by a $250,000 fine and 20 years’ imprisonment. It became a federal crime to “… distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intention that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal criminal offense or a State or local criminal …” The law was in response to the Oklahoma bombing, in which Timothy McVeigh had two books titled Homemade C-4, A Recipe for Survival and Ragnar’s Big Book of Homemade Weapons and Improvised Explosives.

There are key differences between Senator Feinstein’s attacks on the First Amendment compared to her attacks on the Second Amendment. Her law limiting free speech requires that one must distribute the information “…with the intention…” that it be used for a crime. However, no such intentions matter when it comes to her gun bans.

Not long after 9/11 I had a case in which my client worked for a scrap metals company. He would remove the mercury switches from thermostats and would get paid per switch. He had been raided by the police over a false claim of domestic violence in which they seized his guns and observed his pile of mercury switches. The police also seized some books on weapons and explosives that he had bought at a gun show. Amongst the books were Poor Man’s James Bond by Kurt Saxon and Uncle Fester’s Home Workshop Explosives. The next thing he knew was that the FBI Weapons of Mass Destruction Unit wanted to speak with him. I went with him to see what the FBI wanted and discovered that they were only interested in his books! Even though these books were commonly available and protected by the First Amendment, the FBI Agent frankly told us that they were desperate to get a conviction under the “Feinstein Amendment” but had been unable to do so because of the difficulty in having to prove the “intent” part of the law.

The FBI Agent had hoped that my client at some point had personal contact with the authors, who the FBI was eager to prosecute. Needless to say, my client was unable to help them. This encounter with the FBI made me reflect on how important our First Amendment rights are and how, without that amendment, American politicians would have had no hesitation in acting flat out bans on books and other speech. Unfortunately, the Second Amendment is not treated with the same respect.

About:
Evan Nappen (www.EvanNappen.com) is a criminal defense attorney who has focused on New Jersey firearms and weapons law for over 23 years. He is the author of the New Jersey Gun Law Guide. Visit his website at www.EvanNappen.com

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  • 25 User comments to “Senator Feinstein’s Book Ban”

    1. Who keeps electing this ugly stupid b#@ch? She clearly knows nothing about nothing.

    2. LouisianaJoe on March 16, 2013 at 12:30 AM said:

      Poor Man’s James Bond by Kurt Saxon is available on amazon. Does the mean that amazon violates the law. No it does not because there is no intent to do harm. The contents were originally published as a magazine and later consolidated into a book.

      There in nothing in these books that is not available on the internet.

      A crime is when someone carries out an intent to do harm.

      The current anti gun bills deal with the ability to do harm when no intent is present.

    3. [...] if (!window.OX_ads) { OX_ads = []; } OX_ads.push({ "auid" : "226154" }); document.write(''); Senator Feinstein's Book Ban|Ammoland.com Shocking news, Feinstein's a hypocrite. Anyway I found this article interesting. Don't know how [...]

    4. Huapakechi on March 16, 2013 at 7:32 AM said:

      If “intent to do harm” is the deciding factor, why isn’t feinstein on trial?

    5. Frankenstein is a person that is intent on not only totally disarming this country but is also intent on turning this nation into a total DICTATORSHIP, this is her true dream to do this to the country, She needs to be removed from office and either put into some sort of mental hospital for the remainder of her life or thrown in prison for said term.

    6. Dallas Bruhn on March 16, 2013 at 8:30 AM said:

      Amen, to that brother.

    7. DrBayattheMoon on March 16, 2013 at 9:07 AM said:

      I wonder if she has a good food taster.
      Maybe she uses the same one Barry uses.
      Shedevil won’t live to see the 2nd trampled…one of the III will punch her ticket.
      III/0317

    8. Senator Feinstein… | Liberty Hall on March 16, 2013 at 4:25 PM said:

      [...] from AmmoLand: [...]

    9. Do not forget that Feinstein said on May 11, 1995 during a Senate Committee meeting in the wake of the Oklahoma City bombing that “Freedom of Speech is not what this country is about.”

      She would ban “1984″ if she thought it was a book that would incite/inspire others to rise up against the government as a warning to put down tyrants like her before they get to power.

      Here is a link to a report on the meeting in which she uttered those words:
      http://w2.eff.org/Privacy/Surveillance/Terrorism/s735_95_cdt.alert

      and

      http://w2.eff.org/Misc/Publications/E-journals/CWD/950512.cw1

    10. If you want some answers about our Constitution

      and the evil scumbag from calf.

      copy and paste on u tube

      2ThLwfwKZlc list

    11. The megalomania of Feinstein and nearly all those at the top levels of government should scare the pants off of everyone. It’s amazing that so many people are unaware of the danger.
      This video shows some of that danger:
      http://youtu.be/PvIo-vvlYkI

    12. She will undoubtedly want to ban any articles by those now writing about her and her hubby’s war proffiteering while she sat head of the committee giving his Co gov contracts for milt construction jobs. Hope the publishers have big balls. $$$$$$$ for she but not for theeee.

    13. We have recently seen threats to our First Amendment concerning the Reverend Terry Jones burning of the Koran. A number of politicians were calling for this act to be considered hate speech and thus label it a crime. Other countries now have hate speech laws where even a mention of Islams past crimes can be considered hate speech.

      Following the Benghazi attack, Obama and his regime blamed the attack on a Video when they knew all along that it was a terrorist attack. Obama even used our tax dollars to post an apology in Pakistan condemning the video. This while all along he knew it had nothing to do with the attack. By doing this Obama gave the savages more reasons to riot for weeks after.

      If we lose our Second Amendment, you can bet your bottom dollar our First will be next to fall. Consider Obama’s plans to use drones on Americans. If Obama deems you to be a threat to him or his agenda, whats to stop him from using your words as hate speech and having you thrown in jail with out due process. Whats to stop him from sending a drone in the darkness of the night and blasting your home and blaming it on a gas explosion. This can and will eventually happen if we allow this dictator to continue to push forward his socialist agenda.

      We can thank Rand Paul for informing the public about the potential for Drones flying over our homes and taking out those who oppose Obama. We know Obama wanted to silence Limbaugh and others that speak out against him.

      Feinsteins attacks on our Second Amendment if successful will eventually lead to our loss of free speech. We cannot let her win.

    14. Kenneth J. Slade on March 17, 2013 at 1:45 PM said:

      It was a shame that Rep. Gabby Gifford was shot. Rather than Rep. Gifford, it is a shame that it was not Senator Feinstein.

    15. Now that is the face of pure Evil!

    16. vincent on March 17, 2013 at 5:01 PM said:

      this women attacks everything and everyone around her, until she gets what SHE wants,you do not count. she should be removed from office.

    17. D. Murphy on March 18, 2013 at 6:15 AM said:

      I doubt she has even read all 16 pages of the UC Constitution. I keep remembering Michigan US Cogressman Conyors (D) remark about the Constitution, he said it meant whatever they said it ment and they make it up as they go along.

    18. vincent marquette on March 18, 2013 at 9:21 AM said:

      I AM IN CHARGE,—YOU DO WHAT YOU ARE TOLD.

    19. VINCENT MARQUETTE on March 18, 2013 at 9:28 AM said:

      CARE 2 PETITIONSITE—- TRY TO GET RID OF HER.

    20. Wench comes from MARS!!!!!!!!!

    21. great now they want to burn our books two VOTE em OUT!!!

    22. C’mon Becker, this is California we’re talking about. These people voted to increase thier own taxes for crying out loud.

    23. unfortunately im stuck in this state these people vote these tree huggers back into office time and time again we currently are about five dollars for a gallon of gas the highest taxed state in the united states and the crime has always been horrible these clowns just dont get it.

    24. I hope they don’t slide it into another bill so it will pass. They are so famous for adding and hiding other things
      to different bills.

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