Among the comments for this article, I found the following that I thought was interesting, a "Gun Owners Bill of Rights". I find it "interesting". Although I generally agree with what's written in them, I have not given it much thought, so don't take this post as an explicit endorsement.
About the article itself, I was upset until I read the whole thing. The headline is attention grabbing but it appears this is an arrest under previous law, not New York's recent "SAFE" law. Also, the (Marine) veteran apparently sold the 2nd rifle to the undercover cop who told the seller during the exchange that he had a previous felony conviction. I have no problem with these firearms or their accessories. But the vet violated long-standing federal law when he sold it to someone he 'reasonably believed to be prohibited'. This arrest is not a test case of either NY's "SAFE" law or of any other recent gun control laws or proposals.
http://www.thetruthaboutguns.com/2013/03/robert-farago/breaking-first-new-yorker-arrested-under-safe-act/#more-210151
"Gun Owners Bill of Rights: (from commenter "Nor'Easter")
The first of which is, of course, the 2nd Amendment itself: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”. But what does this mean exactly? The Miller, Heller and McDonald cases provide a partial answer but are as yet unfinished. Meanwhile, the more important question for us is what are our goals, what do we want?
1/ No general registration of gun or ammo buyers or positive background checks. Negative background checks – in the sense that a potential buyer can be checked against a “prohibited” list – may be OK but should be done by a third party and no permanent record kept. Whatever list is maintained has to be carefully monitored for mistakes, typos and the usual junk such lists are ‘er to with easy-to-use appeal and corrective procedures.
2/ No general registration of any legally purchased and kept non NFA firearms – all FFL records to be destroyed in due time and any government violation of this rule to be held to strict account.
3/ Although the idea of placing the mentally disturbed on a “no sell” list has it’s merits it must be also be carefully controlled by judicial review to prevent any “medical professional” – who may themselves be “disturbed”- or believe anyone owning or wanting to own a gun is “disturbed” – to have such an arbitrary power, a violation of due process. This can also have the undesirable effect of deterring some people who could use help from seeking aid.
4/ Any restriction on types of firearms can not fall below that of weapons commonly used as individual weapons by the military or police as specified by the Miller decision of 1939. They can draw the line at fully-automatic and burst features which can be controlled under strict regulation (as they are now) but under revised rules. If the police need over a hundred officers with “assault rifles” and 30 round mags to deal with 1 nut then why do I need less to deal with multiple criminals by myself?
5/ No restrictions or records on “regular” ammo sales. These have proved themselves to be unworkable and useless and can only be used to compile a troublesome and misleading database of misinformation. A violation of the “Arbitrary and capricious” phrase in the Heller decision.
6/ No more exceptions for retired police, political pals or whatever without some provision for persons with the same level of qualification and trust. This is plainly a violation of the Equal Protection clause of the 14th Amendment.
7/ No possession, transfer or technical violation, such as overall sizes or barrel lengths, to be treated as a crime without some showing of criminal intent. The sad history of some hapless or unknowing innocent threatened or actually imprisoned for some unintended violation has just got to stop – period. No Constitutional citation here. just common sense and humanity.
8/ No criminal prosecutions for travelers passing through “restricted” states or areas who are making an honest effort to comply with the 1986 Firearm Owners Protection Act even if in violation of some strict interpretation of the same.
9/ Any “Reporting of Theft or Loss” laws must be carefully crafted so as not to entrap any innocent oversight or ever to include any casual loss of ammo, accessories or parts.
10/ No more large area “Weapons Free” zones that – in any built up area – cover virtually everything. Although banning specific small zones passes Constitutional muster, any attempt to use this as some end run around legal gun carry is unacceptable and in violation of both the Heller and McDonald decisions.
11/ The carry licenses issued by any one state should be honored by all others. Although a valid States Rights issue they can be “encouraged” to do so by federal law. Basically it’s a violation of the Constitution Article IV, Sec 2 – Privileges of Citizens – under which driver’s licenses, for example, are recognized through all the states.
12/ Whatever restrictions are passed must always include the “grandfathering” of any existing items. Anything else is a violation of Due Process clause of the 14th Amendment and the deprived of property clause of the 5th Amendment."
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Related blogs:
New York Firearms Blogs
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