Sometimes I need to regroup. I have been snooping about the Internet dredging up info that I think applies to this blog and my efforts to generate a change in this law. I have tried to look at both points of view and it becomes difficult. The problem isn't in the moderate viewpoints...it lounges in the psyche of the extremists. I realize that the largest majority of citizens hate crime. The only people who are capable of liking it are criminals, right? I guess we can use the Pareto Principle...the 80/20 rule...and divide our audience. 80% normal and well adjusted...10% lost to the side of either extreme.
When a crime happens there is no other group that mourns greater than the gun owners. They may have never been in a position to have known the victim, but they know the incident will generate even more fallout. That is one of the reasons I believe this proposal should be considered. The application fees can be used to finance gun-control amongst the criminals. The dramatic overcriminalization of a single conviction of MCDV is merely a tool that is used to fuel the fire. I can honestly understand, to some degree, the controlling of firearms. I realize that weapons stolen from private individuals are the primary means for criminals to acquire firearms. Maybe mandatory gun safes? The problem is the criminals today are different. the "kids" breaking into your house aren't just there to steal your guns, but to dig the hard drive out of your computer so they can get to all your information!
One must take into account the concept of criminal intent. I believe that a citizen convicted of an MCDV deserves a second chance. It was a sin of stupidity and a loss of control. We used to call it a mistake back when I was growing up. The problem is that we also used to learn from them and never let it happen again. I firmly believe there is ample criminal intent in committing a second offense. You have done it once, know what it is and the downfall. That is criminal intent. This also alludes to the idea of a misdemeanor versus a felony charge. I believe a misdemeanor charge is of a nature to be considered a mistake. It also stays on your record for future use. Do the same thing again...and the sentence will be stiffer! A felony, on the other hand, is a crime that is either so orchestrally comlex that it required a plan or so heinous it overcame human nature and natural boundaries. Of course, I didn't make it to law school.
Thursday, July 9, 2009
Tuesday, July 7, 2009
Contacts made
Well, I have e-mailed my district Congressional Rep. the proposal yet again (after calling his office). We will see if Thaddeus G. McCotter has the gumption to pick this up and run with it. So far I've contacted the VFW, American Legion, the Director of the Civilian Marksmanship Program, the Director of the Michigan United Conservation Clubs, and Mr. Gary Marbut...who heads up the Montana Shooting Sports Association. The State of Montana is blessed with a Representative, two Senators, and a Governor who are active in firearms related legislation. We have the ball...slowly...rolling!
Sunday, July 5, 2009
Here is a short version...
Addendum proposal for the Lautenberg Act.
I am proposing a change to the Lautenberg Act. This law imposes a lifelong prohibition on the purchase, ownership, and use of firearms by those convicted of the misdemeanor crime of domestic violence (MCDV). This addendum does NOT call for a repeal of the law; it will only add the following phrase to the existing language…
“Those meeting eligibility requirements set forth by the
Federal Firearm Clearance Program may apply
for a waiver. Contact the FBI-NICS
FFCP office for information and
applications.”
This establishes a federal program that will allow relief from the lifelong prohibition outlined in the legislation. I believe that those meeting the following eligibility guidelines are in the lowest percentage of recidivists categories. I also think that this program would offer an incentive to avoid recurrence. The eligibility guidelines I propose are:
· Applicants may have only ONE (1) qualifying conviction of MCDV.
· Applicants charge must NOT be weapons related in nature.
· Applicant completes court-ordered DV program.
· Applicant has mandatory “cool-off” period. This period of time will be from the date of conviction to the date of application.
Military applicants- 5 years
Civilian applicants- 10 years
The establishment of this program will benefit the military and the sportsmen and women of this great nation. The use of an application fee to acquire a clearance will eliminate the burden this program will put on the FBI-NICS. Development of a secure, online application and payment portal will also reduce some of the paperwork and administrative issues in regard to this program. The basic application package can be made available online via adobe pdf. document from the FBI-NICS website. This package should contain:
· Information and instruction page. This will explain the process, give sources for assistance, and contain FAQ’s.
· Court clearance document. To be filled out by the clerk of the court responsible for the MCDV conviction. This will highlight the date of conviction, nature of the conviction (weapons related Y/N), and whether the convicted successfully completed the court ordered program.
· Affiliated club membership affidavit and safe-handling form as available from ODCMP http://www.odcmp.com/Forms/marksmanship.pdf
· The safe-handling form can be waived with DD-214 document.
· The only document necessary for military enlistment clearance will be the court document. The military recruiting office can handle this for the enlistment candidate.
· Those without access to the internet may have their local military recruiting office, their local affiliated sports club, or the local library to print out a copy of the application for a slight fee. There should be a mailing address for the FBI-NICS/Office of Federal Firearms Clearance Permits (FFCP) and all the application fees should be highlighted.
I do not know how many potential military enlistees will be affected by this. Neither do I know a number for the possible civilian sportsmen nor women who will be given their rights to firearms back. I do know that the intent of this Law, while delivering a hard on crime tone, has mangled the rights of a great many American citizens. I believe this is the change required today. I am asking you to help me bring this proposal to our Congressional leaders for consideration.
I am proposing a change to the Lautenberg Act. This law imposes a lifelong prohibition on the purchase, ownership, and use of firearms by those convicted of the misdemeanor crime of domestic violence (MCDV). This addendum does NOT call for a repeal of the law; it will only add the following phrase to the existing language…
“Those meeting eligibility requirements set forth by the
Federal Firearm Clearance Program may apply
for a waiver. Contact the FBI-NICS
FFCP office for information and
applications.”
This establishes a federal program that will allow relief from the lifelong prohibition outlined in the legislation. I believe that those meeting the following eligibility guidelines are in the lowest percentage of recidivists categories. I also think that this program would offer an incentive to avoid recurrence. The eligibility guidelines I propose are:
· Applicants may have only ONE (1) qualifying conviction of MCDV.
· Applicants charge must NOT be weapons related in nature.
· Applicant completes court-ordered DV program.
· Applicant has mandatory “cool-off” period. This period of time will be from the date of conviction to the date of application.
Military applicants- 5 years
Civilian applicants- 10 years
The establishment of this program will benefit the military and the sportsmen and women of this great nation. The use of an application fee to acquire a clearance will eliminate the burden this program will put on the FBI-NICS. Development of a secure, online application and payment portal will also reduce some of the paperwork and administrative issues in regard to this program. The basic application package can be made available online via adobe pdf. document from the FBI-NICS website. This package should contain:
· Information and instruction page. This will explain the process, give sources for assistance, and contain FAQ’s.
· Court clearance document. To be filled out by the clerk of the court responsible for the MCDV conviction. This will highlight the date of conviction, nature of the conviction (weapons related Y/N), and whether the convicted successfully completed the court ordered program.
· Affiliated club membership affidavit and safe-handling form as available from ODCMP http://www.odcmp.com/Forms/marksmanship.pdf
· The safe-handling form can be waived with DD-214 document.
· The only document necessary for military enlistment clearance will be the court document. The military recruiting office can handle this for the enlistment candidate.
· Those without access to the internet may have their local military recruiting office, their local affiliated sports club, or the local library to print out a copy of the application for a slight fee. There should be a mailing address for the FBI-NICS/Office of Federal Firearms Clearance Permits (FFCP) and all the application fees should be highlighted.
I do not know how many potential military enlistees will be affected by this. Neither do I know a number for the possible civilian sportsmen nor women who will be given their rights to firearms back. I do know that the intent of this Law, while delivering a hard on crime tone, has mangled the rights of a great many American citizens. I believe this is the change required today. I am asking you to help me bring this proposal to our Congressional leaders for consideration.
Saturday, July 4, 2009
I have a feeling I have bitten off more than I can chew with this. I'm trying to garner support and I don't know who to call or e-mail. I am, by rounded figures, estimating almost half a million military prospects and well over a million civilians. Given the data collected so far, that's a lot of people whose rights are getting trampled.
Thursday, July 2, 2009
Starting to generate the interest?
Well, I have sent a highlight of the proposal to my two Senators. Because I live in the Socialist Democratic Province of Michigan I am not so tickled that they will pick up the ball and run with it. I guess I will give them a chance. I have had the opportunity to get the Asst. Director of the VFW clued in about this. I have also contacted Sturm Ruger and Smith & Wesson to begin generating corporate support. Anyone have any other suggestions?
Wednesday, July 1, 2009
Welcome to my blog...
The purpose of this blog is to pass information and garner support for a proposal I have put together. It is still in its final phase and once complete I will post the proposal here. The focus of this proposal is to add an addendum to the Lautenberg Act. This law prohibits those convicted of the misdemeanor crime of Domestic Violence (MCDV) of purchasing, possessing, or discharging a firearm for life. The goal of this proposal is NOT to repeal the law, as many attempts have failed thus far, but to seek relief for a small minority meeting eligibility guidelines.
The recidivism rate for this crime is incredible. Online resources, while possibly painting a worst-case scenario, show 50% re-arrest rates within a 12 month period after the initial conviction. They go on to show up to 80% will, in a 3 year period, commit another MCDV. A citizen can only assume that whatever solution the courts are utilizing doesn't appear to be working. I can only hazard to guess that no firearms related incidents are being committed with legally purchased firearms. The FBI-NICS database is obviously functional. This proposal retains the original intent of the law and its "tough on crime" stance. This is a plague that must be dealt with in a much improved manner and I support this!
I also know that there must be others out there like myself. If the recidivism rate is at 80%...how is it the other 20% haven't become repeat offenders? I believe it may have something to do with that elusive trait of "personal responsibility". Courts, advocates, and others tend to downplay that intangible quality. This proposal seeks to decriminalize the Lautenburg Act for a select group who wish a second chance to enjoy their Second Amendment rights. This proposal also applies to those who are interested in military enlistment. Because of this law, a potential enlistee CANNOT join our armed forces. The irony is that the Department of Defense may, at their discretion, grant felony waivers to all sorts of individuals guilty of the greater charge of a felony. There is no waiver for the MCDV. In this post-9/11 climate, this is simply unacceptable. With our servicemen and women enduring multiple overseas deployments, hostile fire, and lengthy stays far from home, the addition of these eligible candidates will reduce the burden of our brave warriors.
I have already contacted the VFW Assistant Director of their National Legislative Services to seek support. I am also preparing to contact the Directors of the American Legion and AmVets to seek their assistance. I have forwarded the link to this blog to my House Representative and two Senators. It will be a bit tricky...I live in the Peoples Socialist Union of Michigan! That is why I want you all to "own" this proposal and send it to your Representatives and Congressional leaders. One of them will be strong enough to pick up this idea and "...run with it!" I will be embedding an form letter if you wish to print, sign, and mail. Forgive me, as this is my first blog. Thanks again for visiting and for your support. Remember that one voice speaking out is often discounted as crazy...thousands of voices...that becomes a movement!
The recidivism rate for this crime is incredible. Online resources, while possibly painting a worst-case scenario, show 50% re-arrest rates within a 12 month period after the initial conviction. They go on to show up to 80% will, in a 3 year period, commit another MCDV. A citizen can only assume that whatever solution the courts are utilizing doesn't appear to be working. I can only hazard to guess that no firearms related incidents are being committed with legally purchased firearms. The FBI-NICS database is obviously functional. This proposal retains the original intent of the law and its "tough on crime" stance. This is a plague that must be dealt with in a much improved manner and I support this!
I also know that there must be others out there like myself. If the recidivism rate is at 80%...how is it the other 20% haven't become repeat offenders? I believe it may have something to do with that elusive trait of "personal responsibility". Courts, advocates, and others tend to downplay that intangible quality. This proposal seeks to decriminalize the Lautenburg Act for a select group who wish a second chance to enjoy their Second Amendment rights. This proposal also applies to those who are interested in military enlistment. Because of this law, a potential enlistee CANNOT join our armed forces. The irony is that the Department of Defense may, at their discretion, grant felony waivers to all sorts of individuals guilty of the greater charge of a felony. There is no waiver for the MCDV. In this post-9/11 climate, this is simply unacceptable. With our servicemen and women enduring multiple overseas deployments, hostile fire, and lengthy stays far from home, the addition of these eligible candidates will reduce the burden of our brave warriors.
I have already contacted the VFW Assistant Director of their National Legislative Services to seek support. I am also preparing to contact the Directors of the American Legion and AmVets to seek their assistance. I have forwarded the link to this blog to my House Representative and two Senators. It will be a bit tricky...I live in the Peoples Socialist Union of Michigan! That is why I want you all to "own" this proposal and send it to your Representatives and Congressional leaders. One of them will be strong enough to pick up this idea and "...run with it!" I will be embedding an form letter if you wish to print, sign, and mail. Forgive me, as this is my first blog. Thanks again for visiting and for your support. Remember that one voice speaking out is often discounted as crazy...thousands of voices...that becomes a movement!
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