Below The Radar: Keeping Guns from High-Risk Individuals Act

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Below The Radar: Keeping Guns from High-Risk Individuals Act

United States – -(AmmoLand.com)- Second Amendment supporters often focus on efforts by anti-Second Amendment extremists to do one of two things: Either ban firearms or to make it harder for Americans to exercise their Second Amendment rights. There is a third tack that anti-Second Amendment extremists also take: They try to expand the number of people who are ineligible to even possess a firearm.

This is the approach that Representative Robin Kelly (D-IL) took with HR 1116, the Keeping Guns from High-Risk Individuals Act. It is the sort of attack that Second Amendment supporters need to defend against but doing so can be a bit risky.

Why? Because, in some instances, people who pass background checks, and who then proceed to misuse firearms often had criminal charges that while they didn’t trigger the provisions of 18 USC 922, they did point to a potential for violence. Now, some folks probably should be denied firearms, something that is contemplated in the Heller decision, which states, “nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill.”

However, Kelly’s legislation is way outside the bounds established by Heller. The text of the legislation adds four new disqualifying conditions, and none of them are really well-established historically as valid reasons to deny rights. For instance, it has long been the case that juvenile records are sealed once a person is an adult, yet Kelly’s bill seeks to use juvenile convictions as reason to deny Second Amendment rights.

The provision on alcohol and controlled substances seems to be duplicative of what is already in 18 USC 922. The other two provisions, on crimes of violence and stalking, would catch a number of people convicted of misdemeanors into the “prohibited person” category.

Those are all bad enough, but this bill also appears to violate Constitutional provisions against ex post facto laws. In this case, as was the case with the 1996 Lautenberg Amendment involving domestic violence, new punishments are added to crimes adjudicated long before the bill was proposed. Someone who agreed to plead guilty to a misdemeanor battery charge over a bar fight would find themselves a federal felon with the stroke of a pen if they kept a hunting rifle under this law’s provisions.

If stalking and crimes of violence are serious enough to take rights away, then politicians should be willing to take the heat of increasing the penalties so that they become felonies. Even if new categories are added to “prohibited persons,” then it should be made clear that such additions only take effect after the law is signed.

The fact is, there is no way to make HR 1116 even remotely acceptable. Second Amendment supporters should contact their Senators and Representative and politely ask that they oppose this legislation.




 

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics, and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post, Strategypage.com, and other national websites.

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Stag
Stag
1 month ago

#Infringement #AllArmsLawsAreUnconstitutional

chocopot
chocopot
1 month ago

I am now going to ask the same question I have been asking for decades, and without once receiving any sort of satisfactory response: Politically-motivated and just plain wrong Court decisions notwithstanding, just where in the wording of The Second Amendment is there even a hint, the slightest suggestion, that there is any provision for restrictions, exceptions, or limitations? Anyone?

Wild Bill
Wild Bill
1 month ago
Reply to  chocopot

@choc, I keep telling you, there are none in the Second Amendment!

chocopot
chocopot
1 month ago
Reply to  Wild Bill

I know, but I was hoping someone could rationalize to me how there are 22,000 gun control laws in effect in this country (that are supposedly “legal” or they would not be laws) with more being added daily, yet there is no provision for ANY of them in The Second Amendment.

Wild Bill
Wild Bill
1 month ago
Reply to  chocopot

@choc, Your point is true and well expressed.

57K
57K
1 month ago

To put it simply, Americans have lost their rights to Due Process under the law. Even those who commit felonies get their day in court before they lose their gun rights. And what could be more communist than red flag laws where the aim is to turn us into a nation of informers. Just as it was in the Soviet Union and later in Nazi Germany. No doubt alive and well in Communist China, who is after all, the largest contributor to the DNC!

Bob
Bob
1 month ago

Why doesn’t SCOTUS simply state straight out the 2nd amendment means what it says, that rights shall not be infringed and put a stop to all the gun rights cases? No, instead they seem to prefer to settle the questions only in the narrow context of the case–like Heller vs DC and MacDonald vs Chicago only settled the issue for those litigants. The Constitution has arguably become a relic of the past.

Laddyboy
Laddyboy
1 month ago
Reply to  Bob

; Your comment describes exactly how the DemocRAT national communist party views the entire American Constitution — unless they can use the phrase to bolster their agenda.

Wild Bill
Wild Bill
1 month ago
Reply to  Bob

, The people at the top do not share our values, concerns, lifestyles, income levels, hobbies, or views. Why would they defend our Rights? We are peasants, and we need to elect peasants.

willyd
willyd
1 month ago
Reply to  Wild Bill

WB; I don’t live in OK, but their Senate just pushed through a bill that forbids any RED FLAG LAWS, good for them, now all we have to do is to get the rest of the states to follow suit and turn all of the RED FLAG LAWS around and show them for what they are really being used for!!!!!!!!!!!!!

Finnky
Finnky
1 month ago
Reply to  willyd

– Better yet federal law, imprisoning any state personnel from governor on down – who support RFL type legislation. Perhaps something modeled on the 4th amendment?

Prosecutors and judges need to seek and impose penalties on legislators who blatantly infringe upon rights. As it stands they impose upon “the people” for as long as it takes for courts to issue an injunction. Law stands until courts strike it down, and only penalties ever imposed are additional taxes on the subjects. They individuals restricting rights under color of authority need to be personally subjected to fitting punishment for their actions.

JoeUSooner
JoeUSooner
1 month ago
Reply to  willyd

willy… I’ve (gladly) lived in Oklahoma all my life, and I’m convinced that the central part of the country is far better off – and a much better place for families – than either coast. I wouldn’t even go temporarily to either coastal area, for anything!

Oldvet
Oldvet
1 month ago
Reply to  JoeUSooner

@JUS…SHHHH it’s a secret don’t let it out , look at what is happening to Colorado and Oregon .

loveaduck
loveaduck
1 month ago
Reply to  Oldvet

And Washington, and……………………..

willyd
willyd
1 month ago
Reply to  JoeUSooner

JoeUSooner; I’m close to you, my wife passed away 5 years ago, had an offer from an Army buddy I served with in the 70’s to move to Mo, took him up on it and moved, last September I bought a place of my own, guess what I’m not moving back to Pa, and this year I may not be going back for a visit!!!!!!!!!!!!!!!! Both Coasts are screwed up and loosing ground very fast, Pa is really loosing as they have that Demo-Rat Wolf in Harrisburg, and that other Demo-Rat Casey in D.C.

Wild Bill
Wild Bill
1 month ago
Reply to  willyd

, Yes, both coasts are screwed up. Both coasts are also on the Chinese PLA target list. The center of the country and out side of every city, town, and village is the place to be.

Wild Bill
Wild Bill
1 month ago
Reply to  willyd

, I’m pretty sure that Oklahoma would welcome another patriot, as yourself.

willyd
willyd
1 month ago
Reply to  Wild Bill

WB; I’m close bought a place in Mo last Sept and no plans on moving back to Pa any time soon! I’ve been in Mo for 5 years and won’t be moving back to Pa, only a visit once a year, and this year is in question??????

Knute
Knute
1 month ago
Reply to  Wild Bill

WB: We are actually wage slaves. A step below peasants.
“Gold is the money of kings, silver is the money of gentlemen, barter is the money of peasants – but debt is the money of slaves.” ― Norm Franz,and others, earlier, also

And all fiat currency is debt. None has any value other than what the “authorities” promise it has. Thus we are not peasants, but slaves. Slaves to ever increasing debt.

Wild Bill
Wild Bill
1 month ago
Reply to  Knute

@USA, How do you convert the gold dust into something spendable?

Knute
Knute
1 month ago
Reply to  Wild Bill

There is gold around for the panning at the old Pegasus mine near Zortman, MT., too. Even though the mine has been shut down for a couple of decades now. The Zortman mine was still profitable back then, even at under 500/OzT. But it was the only one owned by Pegasus mining that WAS profitable, and Zortman alone couldn’t keep them out of bankruptcy. It’s still guarded to keep you off the claim, though. Bring your mining claims documents if you go, because the guards will try to chase you off the entire mountain unless you can show them their… Read more »

Knute
Knute
1 month ago
Reply to  Knute

That video I posted of MBMM was just a run of tailings. It had already had the bulk of the gold removed long ago. And it still had 1/4 OzT per ton! Almost profitable already, at today’s prices. And that’s only the leftovers. Wherever that claim is, there’s more still in the ground.
Lots of old mines would be profitable already, if they were allowed to reopen. Certainly Zortman would. It was profitable when it closed at 400/ozT. It would be more profitable at 1600!

Knute
Knute
1 month ago
Reply to  Knute

USA: So true. As I’ve heard somewhere: “When good stands up to evil, good wins, but when good compromises with evil, evil wins.”
When one stands up to the thugs, it works out better when than when co-operating with them. Imagine that! Whouda thunk it… 🙂

Knute
Knute
1 month ago
Reply to  Knute

USA Did you ever hear the story of the finding of Yogo Sapphires? Found by a gold miner around Lewistown, but he only saved them because they were a pretty blue stone. He had a cigarbox full before he brought them to Lewistown to see if they were worth anything.
Turned out the sapphires were worth many times more than his gold claim. He retired on them and gave up on gold!

Knute
Knute
1 month ago
Reply to  Knute

I forget the miner’s name, but he’s a legend around Lewistown. It’s all in their museum. They still try and preserve his cabin. He put them on the map, or something like that. Yogo sapphires were world famous, for a while.

Knute
Knute
1 month ago
Reply to  Knute

One could also just take your sample to this guy:
https://www.youtube.com/watch?v=1m_8sjII-AM
Or just replace his crusher and shaker table with a hammer and a gold pan… but that way is a hell of a lot of work! I’d rather take a road trip to Washington State! He also sells the entire setup. That’s really his bread and butter. If you find a rich enough area, you buy the whole setup as a turn key operation, all ready to set up on your site and process a ton of ore an hour.

Knute
Knute
1 month ago
Reply to  Knute

That whole piece is one of the museum priced chunks. Wouldn’t want to crush that for a sample! 🙂 Luckily, we have hand-held x-ray spectrometers now. Isn’t technology something sometimes? When used for good, it’s very, very helpful. Almost instant rough composition, while not harming the sample.

nrringlee
nrringlee
1 month ago

Language in Holloway is very instructive for those who want to understand how we got where we are. Incremental attacks on liberty have gone unchallenged through most of our history. Here is one snippet for you: ‘ It was not until 1961 that Congress levied a total ban on the possession of firearms and ammunition –to include firearms and ammunition already in possession of the individual –that applied to violent and non-violent felons alike.’ So, in 1961 Congress was able to pass a major impediment to your exercise of an enumerated right and it went without effective challenge. This is… Read more »

PMinFl
PMinFl
1 month ago
Reply to  nrringlee

Wild Bill said we need to elect peasants,maybe he is right. We peasants aren’t anti-liberty but we are anti-elitist legislators. BTW Harold said politely and no crazy responses …yet.

badlands
badlands
1 month ago

Really, all you had to say was (D-IL). Tells us everything we need to know!