A LETTER FROM SENATOR RAND PAUL
Editorial comment by Chuck MacNab
Following
this commentary is a letter from Senator Rand Paul to Arizona Guest
Editor CP who copied us on the Senator's reply to him. Sen. Paul's
letter is intended to explain his position on an Amendment to gun
control legislation recently debated in the Senate. We can expect this
sort of legislation, or something akin to it, to emerge from the cracks
as long as liberals control the Administration and the Senate... and not
only in the gun control area! Guess what!!!... if they manage to gain
control of the U.S. House of Representatives!
There are several important points made by Senator Paul in his letter
and we urge you to study its content. One of the most important is that
legislation proposed by Harry Reid's pals is the unusual provision that
criminalizes (to felony levels) INACTION by citizens. In other words, if
you don't do what the legislation proposes (if it should become law),
within the short time frame allowed, you will be subject to criminal
prosecution (felony conviction) and fines and/or imprisonment. As
Senator Paul points out, "It is highly unusual in American law to
criminalize inaction."
This shows the "mentality" of the "big
government" mind-set. Should the Democrats and Pelosi gain control of
the House and the Senate remains in Democrat hands in 2014, be warned!
Big government liberals fully intend to try to pass laws that will
criminally prosecute ordinary citizens WHO FAIL TO DO WHAT THEY WANT! If
they get away with it in the gun control area we can be certain they
will move to other areas... in some cases, they already have. This is
about as close to brutal government dictatorship and total control
through enforcement of draconian laws as any society can get. We will
not need to imagine we are living in a

We will actually be LIVING IN ONE!
Just proposing this sort of
legislation with a straight face is scary and shows where big government
liberals are going. We have recently witnessed the Obama
Administration's disregard of Constitutional requirements, rule of law
and long established procedure. Personally, the Benghazi "cover up" and
incompetence, the stonewalling of Fast and Furious, the attempt through
the IRS to shut down opposition comment by Tea Party and Patriot groups,
the "investigations" of the AP reporters without notification (and for
trumped up "security" reasons)...and much more, some that that we may
not even know about, are indications that big government advocates
believe they have reached the point where they can do what they want
with no consequences and without MEANINGFUL opposition! To put it
plainly, those whom Obama has placed in powerful government positions,
especially since he was RE-ELECTED, believe they can administer their
areas of jurisdiction as dictators. They need not gain the acceptance of
Congress and need not inform anyone of actions they take.
Folks, this is not the way
things have been or should be done in America. While differences between
people about government exist in any democracy, this is "way off the
platform" and a gross denial of EVERYONE'S freedom. If allowed to
continue, it will destroy the fundamental core values that created the
greatest (and maybe the last and only) protector of freedom on
earth...the USA.
Please take time between now
and the 2014 mid-term elections to focus on opposition to a Democrat
"takeover" of Congress. Join and become active in a conservative
oriented group (we are partial to The Missouri Patriot and The Missouri
Patriot Forum...please excuse the "plug") and volunteer your time.
Regardless of your personal view of politics, we are beyond that now!
You can help make a difference. Freedom hangs in the balance. Obama and
the Senate "slipped by" in the last election because the majority was
conned into thinking nothing really important was at stake and some
candidates came up short. THIS TIME... We cannot let that happen... If
we want to preserve freedom in the USA, those who recognize its absolute
necessity must choose candidates who can win, join forces and act
together.
.... Chuck
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Letter from Senator Rand Paul
May 20, 2013
Thank you for taking the time to contact me regarding gun control. I appreciate hearing your thoughts on this issue.
In
the wake of the tragic shooting at Sandy Hook Elementary in Newtown,
Conn., there has been substantial debate about gun control. I hope we
can learn more about what warning signs were missed and how we can
better prevent tragedies like this from occurring in the future.
In April 2013, the Senate considered two legislative options related to
gun control. I chose to support the substitute amendment offered by
Senator Chuck Grassley (R-Iowa) (S.Amdt.725) to S. 649, which would have
reauthorized and improved the current National Instant Criminal
Background Check System (NICS).In 2010, approximately 48,000 felons and
fugitives were denied guns after being discovered by NICS. However, only
44 were actually prosecuted by the Department of Justice. This
amendment would have encouraged prosecution of felons trying to buy
guns. It would have improved and reauthorized grants for the maintenance
of the NICS database, conditioned federal grant money for states on
their submission of relevant court and mental health records to NICS,
and prioritized funding and increased resources for school safety and
mental health programs. It would also have criminalized so-called straw
purchases in which an individual purchases a firearm for someone else
that is legally prohibited from doing so.
The
Grassley amendment also would have enhanced Second Amendment rights by
allowing for the interstate sale and transportation of firearms under
certain conditions. It also would have defended the rights of veterans
and other Americans who have received mental health treatment. It would
have protected due process rights by requiring such mental health
adjudications to go through a court, in which the individual has the
opportunity to participate and seek legal counsel. Unfortunately, the
Senate defeated the bipartisan amendment by a vote of 52-48. I supported
it.
I do not
believe we should rush to enact reactionary legislation curtailing
anyone's rights. No amount of gun control will be able to prevent
mentally disturbed individuals from committing despicable acts of
violence. High-risk individuals will still be able to acquire firearms
and other lethal weapons, even with an increase in prevention. I opposed
the underlying gun control bill (S. 649) due to my concerns with the
fact that the bill would not have prevented the Newtown shooting, and
only infringed on the rights of law-abiding Americans.
One
of my primary concerns with S. 649 is that it would outlaw almost all
private sales and transfers of firearms, except among immediate family.
It would require all private firearms sales and transfers to go through a
licensed dealer, who would be required to take possession of the
firearm and perform a background check on the transferee. However, S.
649 defines the loan of a firearm as a transfer, meaning that a full
background check would also have to be completed on someone even
temporarily borrowing a gun from a friend, neighbor, or family member,
except under very limited circumstances. S. 649 would also give the U.S.
Attorney General unlimited authority to levy fees on firearm sales and
transfers, conceivably making any sale or transfer prohibitively
expensive for many Americans.
Another troubling provision of S. 649 is that it would require
individuals to report a stolen firearm within 24 hours to local law
enforcement, as well as the U.S. Attorney General. Failure to report in the 24-hour window would be a felony, punishable by up to five years in prison.
It is highly unusual in American law to criminalize inaction. Although
it is important to report lost or stolen firearms, slapping felony
charges on otherwise law-abiding victims of gun theft who forget to
report in a timely manner, or are unaware of the requirement, is overly
harsh and runs counter to the principles of our judicial system.
Finally,
S. 649 would water down important privacy protections in current law
that require the government to destroy records on individual gun
transactions after the background check has been processed. Current law
prohibits the sharing of these records with other agencies without the
individual's consent. These important protections would not apply to the
new records required by S. 649. Without these privacy protections, the
new recordkeeping requirements could serve as a first step toward
creating a national gun registry.
A number of groups, including the American Civil Liberties Union,
raised concerns about the lack of privacy and civil liberty protections
in the bill. Fortunately, the Senate did accept one amendment to the
bill (S.Amdt.717), which would withhold five percent of federal justice
grant funding from any state or local government that releases
confidential and sensitive information on law-abiding gun owners. In
light of the release of the names and addresses of firearm permit
holders by government officials in several New York counties, this
amendment is an important protection for the safety and privacy of gun
owners.
On
April 18, 2013, Majority Leader Harry Reid announced his intention to
table consideration of the legislation due to a lack of support from
Members on both sides of the aisle. Although S. 649 has been set aside
for now, please be assured I will continue to oppose any legislation
that infringes upon our constitutional rights, and will continue to
defend the proper role of government, as outlined by the Constitution.
Sincerely,
Rand Paul, MD
United States Senator
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