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DetlefK

(16,450 posts)
Fri Jan 8, 2016, 10:21 AM Jan 2016

What if instead of a gun-owner-registry, there were a national gun-registry?

http://europe.newsweek.com/gun-control-where-criminals-get-weapons-412850?rm=eu
via
http://www.dailykos.com/stories/2016/1/8/1467272/-Abbreviated-pundit-roundup-A-national-crisis-like-this-demands-a-national-response

A national survey of inmates of state prisons found that just 10 percent of youthful (age 18-40) male respondents who admitted to having a gun at the time of their arrest had obtained it from a gun store. The other 90 percent obtained them through a variety of off-the-book means: for example, as gifts or sharing arrangements with fellow gang members. [...] If a gun ends up in criminal use, it is usually after several more transactions. The average age of guns taken from Chicago gangs is over 11 years.

The gun at that point has been diverted from legal commerce. In this respect, the supply chain for guns is similar to the supply chain for other products that have a large legal market but are subject to diversion.

In the case of guns, diversion from licit possession and exchange can occur in a variety of ways: theft, purchase at a gun show by an interstate trafficker, private sales where no questions are asked, straw purchases by girlfriends and so forth.



-----------------------------

My proposal:
("Gun-owner" refers to any type and form of gun-producer, gun-seller and gun-owning citizen.)

1. Every gun must be registered in a national database. For each gun there's a file that lists the current owner and all the former owners and when it changed hands.

2. Not informing the gun-registry who's the current owner of the gun is a crime.

3. Gun-owners would have to prove once a year that they still own the guns registered on their names. Failure to produce all the guns on demand is a crime and you get charged with arms-trafficking.

4. Possession of an unregistered gun is a crime.



If you sell a gun to someone, you both have to inform the registry who's the new owner.
If you gift a gun to someone, you both have to inform the registry who's the new owner.
If you lend/lease your gun to someone, you are on the hook as a co-perpetrator for all the crimes committed with the gun because you are still the legal owner of the gun.
If a gun gets stolen, you have to inform the registry within 7 days of the act or you get charged with arms-trafficking.



Checking once a week whether all your guns are still there and proving to the authorities once a year that they are still in the hands of a law-abiding citizen.

That should make it harder to make a gun "disappear" and end up in the hands of criminals.
110 replies = new reply since forum marked as read
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What if instead of a gun-owner-registry, there were a national gun-registry? (Original Post) DetlefK Jan 2016 OP
NO. GGJohn Jan 2016 #1
Why? DetlefK Jan 2016 #3
I stated my reasons, GGJohn Jan 2016 #5
I would say they have both. safeinOhio Jan 2016 #16
And I would disagree, as does the ACLU. GGJohn Jan 2016 #18
Where do you get your info? safeinOhio Jan 2016 #19
The ACLU opposes registration. GGJohn Jan 2016 #20
Imagine that... beevul Jan 2016 #26
I notice that quieted him down. eom. GGJohn Jan 2016 #33
I've got other stuff to do. safeinOhio Jan 2016 #58
From the ACLU safeinOhio Jan 2016 #59
I don't know about deseretnews safeinOhio Jan 2016 #38
The ACLU has long opposed registration due to privacy rights. eom. GGJohn Jan 2016 #42
Not quite safeinOhio Jan 2016 #44
by the way safeinOhio Jan 2016 #45
You assume far too much. GGJohn Jan 2016 #88
How about ABC News? Straw Man Jan 2016 #61
The ACLU still safeinOhio Jan 2016 #84
You keep clinging to that. DonP Jan 2016 #86
Which has squat to do with them opposing registration due to privacy concerns. eom. GGJohn Jan 2016 #87
Right. Straw Man Jan 2016 #91
Yep and if safeinOhio Jan 2016 #92
respecting their opinion on one thing gejohnston Jan 2016 #93
That is a stretch as safeinOhio Jan 2016 #94
no, gejohnston Jan 2016 #95
I think I have safeinOhio Jan 2016 #96
I don't think so gejohnston Jan 2016 #97
Comparing UK and Australia to safeinOhio Jan 2016 #98
Comparisons. Straw Man Jan 2016 #99
I'd call it safeinOhio Jan 2016 #101
Is it still a false equivalence when the gejohnston Jan 2016 #104
Oh, give 'em a little time. Eleanors38 Jan 2016 #107
Odd....sounds like a gun owner registry. ileus Jan 2016 #2
Yeah, my wording there was bad. DetlefK Jan 2016 #4
really ? DustyJoe Jan 2016 #6
Well, what happened to your guns? DetlefK Jan 2016 #102
Don't We Do Something Like That For Cars?..... global1 Jan 2016 #7
that is true only if you drive it on public roads gejohnston Jan 2016 #8
How Do You Get Your Car From The Dealer To Your Private Property?..... global1 Jan 2016 #9
tow truck gejohnston Jan 2016 #11
Could you point out where in the Constitution safeinOhio Jan 2016 #17
I never said it wasn't constitutional gejohnston Jan 2016 #22
OK I can buy that. safeinOhio Jan 2016 #35
the infrastructure has to paid for gejohnston Jan 2016 #39
that might be one way to look at it safeinOhio Jan 2016 #43
That is a uniquely US definition gejohnston Jan 2016 #47
works with machine guns safeinOhio Jan 2016 #56
No it doesn't gejohnston Jan 2016 #60
Liberalism is associated with a belief in high Individual liberty. NutmegYankee Jan 2016 #89
I think Canada Duckhunter935 Jan 2016 #80
Car hauler, same way I get my Jeep to the trail. ileus Jan 2016 #13
In Florida, they're called "grove trucks," Texas, "ranch rockets.".... Eleanors38 Jan 2016 #108
Cars aren't a right....also you're not right. ileus Jan 2016 #12
Just Saying... some municipalities restrict the number nykym Jan 2016 #52
That is generally the case for urban and suburban areas... discntnt_irny_srcsm Jan 2016 #53
I am neither nykym Jan 2016 #54
My town has similar rules discntnt_irny_srcsm Jan 2016 #67
We have the same rule here in Rural Va. ileus Jan 2016 #55
In the spirit of compromise sarisataka Jan 2016 #10
THIS is a worthy idea, one backed here for years. ^^^ Eleanors38 Jan 2016 #109
No. beevul Jan 2016 #14
You saying I can keep my house without safeinOhio Jan 2016 #21
If you want to invite the TSA into your home, feel free. beevul Jan 2016 #24
TSA will not ask to... discntnt_irny_srcsm Jan 2016 #27
Is your bag private property? safeinOhio Jan 2016 #31
As a matter of fact it is... beevul Jan 2016 #37
Not at all safeinOhio Jan 2016 #40
And you enjoy your TSA. beevul Jan 2016 #48
Paying taxes does not allow a search of your home. NutmegYankee Jan 2016 #81
My response was to a comment about property rights and search rights. safeinOhio Jan 2016 #82
That's because all land is purchased in a legal deed concept called "Fee Simple". NutmegYankee Jan 2016 #83
I agree on the 4th however safeinOhio Jan 2016 #85
Did you not read the defintiion of Fee Simple? NutmegYankee Jan 2016 #90
Are you aware that felons cannot be legally required to register their guns? hack89 Jan 2016 #15
Seems a universal background check on purchase safeinOhio Jan 2016 #23
That's already been done gejohnston Jan 2016 #25
Not even in the US those examples safeinOhio Jan 2016 #28
they were rare before NFA gejohnston Jan 2016 #41
"Full autos are more common in" Hollywood! Eleanors38 Jan 2016 #110
Do you really think those engaged in illegal gun trafficking care? nt hack89 Jan 2016 #29
Apparently they do when safeinOhio Jan 2016 #34
There are over 300 million unregistered guns in America hack89 Jan 2016 #36
Sure are a lot of folks driving faster than the safeinOhio Jan 2016 #57
But acts of gun violence are exceedingly rare compared to the number guns and gun owners hack89 Jan 2016 #62
You don't think gangs safeinOhio Jan 2016 #64
Central America and Mexico are awash with automatic weapons hack89 Jan 2016 #65
Those same cartels and drug gangs safeinOhio Jan 2016 #66
So the Feds ignore heroin, cocaine and meth but will come down hard because of automatic weapons? hack89 Jan 2016 #68
Why can't the Feds come down hard on the cartels and drug gangs using semi-automatic weapons? hack89 Jan 2016 #69
Most of the crime here are state crimes safeinOhio Jan 2016 #70
Every major city has SWAT teams with automatic weapons hack89 Jan 2016 #71
Every city swat team safeinOhio Jan 2016 #73
Hold on a second hack89 Jan 2016 #74
City cops are not all that trained. safeinOhio Jan 2016 #75
Questions? HockeyMom Jan 2016 #30
There are a bunch of safeinOhio Jan 2016 #32
Under the Gun Control Act, gejohnston Jan 2016 #46
Or mentally impaired HockeyMom Jan 2016 #50
how mentally impaired? gejohnston Jan 2016 #51
That depends on the state you live in HockeyMom Jan 2016 #63
The Gun Control Act defines it as gejohnston Jan 2016 #72
Yes, Adjudicated is the key HockeyMom Jan 2016 #78
I don't know anything about Lanza gejohnston Jan 2016 #79
A question about NYS law. Straw Man Jan 2016 #100
You are mistaken, autism is NOT a mental illness Lurks Often Jan 2016 #103
I was not talking about Autism HockeyMom Jan 2016 #105
My post was in response to your comments regarding Adam Lanza & Nancy Lanza ONLY Lurks Often Jan 2016 #106
Here is a list from the FBI discntnt_irny_srcsm Jan 2016 #76
If the law changes after you register the firearm then they know where to go to get them bolus Jan 2016 #49
I have no problem with them registering guns or gun owners. They should doc03 Jan 2016 #77

GGJohn

(9,951 posts)
1. NO.
Fri Jan 8, 2016, 10:32 AM
Jan 2016

The govt has no business nor right to know what firearms I own.
And before someone claims I'm worried about a govt confiscation of firearms, that's bullshit, I'm just of the mind the govt doesn't have the need to know what I own regarding firearms and here in AZ, we don't have to register our weapons, that's the way we Arizonians like it.

DetlefK

(16,450 posts)
3. Why?
Fri Jan 8, 2016, 10:39 AM
Jan 2016

1. There is just the constitutional right to own a gun, not the right to keep it's existence a secret.

2. Well, the government needs to know who owns which firearms to reduce the flow of guns to criminals so you can live a safer life. Isn't that good enough a reason?

safeinOhio

(33,957 posts)
16. I would say they have both.
Fri Jan 8, 2016, 11:37 AM
Jan 2016

I'm a legal gun owner and have no problem with registration and I see a lot of reasons it would benefit me.

GGJohn

(9,951 posts)
18. And I would disagree, as does the ACLU.
Fri Jan 8, 2016, 11:45 AM
Jan 2016

The govt has no need nor business/right, knowing what firearms I own.

safeinOhio

(33,957 posts)
19. Where do you get your info?
Fri Jan 8, 2016, 11:55 AM
Jan 2016

Please go to aclu.org

ACLU POSITION
Given the reference to "a well regulated Militia" and "the security of a free State," the ACLU has long taken the position that the Second Amendment protects a collective right rather than an individual right. For seven decades, the Supreme Court's 1939 decision in United States v. Miller was widely understood to have endorsed that view. This position is currently under review and is being updated by the ACLU National Board in light of the U.S. Supreme Court decision in D.C. v. Heller in 2008.

please read the rest of their post/

GGJohn

(9,951 posts)
20. The ACLU opposes registration.
Fri Jan 8, 2016, 11:58 AM
Jan 2016
The American Civil Liberties Union said a gun bill proposed by Senate Majority Leader Harry Reid (D-Nev.) on March 22 mandating background checks could infringe on Americans' civil liberties and privacy rights.

S 649 would mandate a universal background check for all gun sales, but the records maintained in background checks for private sales could be retained, which the ACLU says would be a violation of privacy rights.

The first concern is the bill treats records for unlicensed gun sales differently than purchases made through unlicensed sellers.

The second concern is this could be the first step toward making a national gun registry, which the ACLU would oppose for privacy reasons.


http://www.deseretnews.com/article/865577495/ACLU-concerned-about-background-check-in-gun-bill.html
 

beevul

(12,194 posts)
26. Imagine that...
Fri Jan 8, 2016, 12:13 PM
Jan 2016
The second concern is this could be the first step toward making a national gun registry, which the ACLU would oppose for privacy reasons.


Imagine that, some people still actually value privacy rights.

It is transparently obvious too, that some folks could care less about privacy, their own, and particularly that of others.

safeinOhio

(33,957 posts)
58. I've got other stuff to do.
Fri Jan 8, 2016, 02:41 PM
Jan 2016

I'm more than happy to see you agree with what they say. I'm sure you agree with their view that the 2nd is a communal right and not a individual right. While they may oppose, or as they say are looking at it, their would be no reason for registration if the courts called it that. The individual could then be restricted from ownership for personal protection.

safeinOhio

(33,957 posts)
59. From the ACLU
Fri Jan 8, 2016, 02:43 PM
Jan 2016

In striking down Washington D.C.'s handgun ban by a 5-4 vote, the Supreme Court's decision in D.C. v. Heller held for the first time that the Second Amendment protects an individual's right to keep and bear arms, whether or not associated with a state militia. The ACLU disagrees with the Supreme Court's conclusion about the nature of the right protected by the Second Amendment. However, particular federal or state laws on licensing, registration, prohibition, or other regulation of the manufacture, shipment, sale, purchase or possession of guns may raise civil liberties questions.

safeinOhio

(33,957 posts)
38. I don't know about deseretnews
Fri Jan 8, 2016, 12:48 PM
Jan 2016

this is from the ACLU

ACLU POSITION

Given the reference to "a well regulated Militia" and "the security of a free State," the ACLU has long taken the position that the Second Amendment protects a collective right rather than an individual right.

For seven decades, the Supreme Court's 1939 decision in United States v. Miller was widely understood to have endorsed that view. This position is currently under review and is being updated by the ACLU National Board in light of the U.S. Supreme Court decision in D.C. v. Heller in 2008.

In striking down Washington D.C.'s handgun ban by a 5-4 vote, the Supreme Court's decision in D.C. v. Heller held for the first time that the Second Amendment protects an individual's right to keep and bear arms, whether or not associated with a state militia. The ACLU disagrees with the Supreme Court's conclusion about the nature of the right protected by the Second Amendment. However, particular federal or state laws on licensing, registration, prohibition, or other regulation of the manufacture, shipment, sale, purchase or possession of guns may raise civil liberties questions.

ANALYSIS

Although ACLU policy cites the Supreme Court's decision in U.S. v. Miller as support for our position on the Second Amendment, our policy was never dependent on Miller. Rather, like all ACLU policies, it reflects the ACLU's own understanding of the Constitution and civil liberties.

Heller takes a different approach than the ACLU has advocated. At the same time, it leaves many unresolved questions, including what firearms are protected by the Second Amendment, what regulations (short of an outright ban) may be upheld, and how that determination will be made.

Those questions will, presumably, be answered over time.

Also, in fairness, the Second Amendment is very vigorously defended by a number of other, better-funded advocacy organizations, and so defending it would not be a good use of the ACLU's limited resources.

ACLU.org/Second-Amendment


safeinOhio

(33,957 posts)
44. Not quite
Fri Jan 8, 2016, 12:59 PM
Jan 2016

They have they are studying the issue based on record keeping.

Show me where " The ACLU has long opposed registration due to privacy rights"...waiting for any link you have used.

safeinOhio

(33,957 posts)
45. by the way
Fri Jan 8, 2016, 01:01 PM
Jan 2016

the ACLU still considers the 2nd a collective right and not an individual right, so I'm so glad you like their views.

GGJohn

(9,951 posts)
88. You assume far too much.
Fri Jan 8, 2016, 06:49 PM
Jan 2016

I don't agree with their collective right views, neither does Pres. Obama, SCOTUS, nor the Democratic Party.

Straw Man

(6,760 posts)
61. How about ABC News?
Fri Jan 8, 2016, 02:44 PM
Jan 2016
As opponents of gun control warn about privacy issues, background checks are tangled up with another proposal, that records of gun sales must be kept. In a March 22 letter to Senate Majority Leader Harry Reid, six GOP senators, led by Rand Paul of Kentucky and Mike Lee of Utah, warned that they would oppose any measures that involved "government surveillance." While it's not entirely clear what policy those senators had in mind, the American Civil Liberties Union has raised concerns about both records and background checks. "You just worry that you're going to see searches of the databases and an expansion for purposes that were not intended when the information was collected," Chris Calabrese, an ACLU privacy lobbyist, told The Daily Caller last week. Meanwhile, Sen. Chuck Schumer, D-N.Y., has made it clear that a "national gun registry" is illegal and won't be part of any Democratic gun bill.

--http://abcnews.go.com/blogs/politics/2013/04/the-case-against-gun-background-checks/


 

DonP

(6,185 posts)
86. You keep clinging to that.
Fri Jan 8, 2016, 06:46 PM
Jan 2016

Maybe, in 70 years or so, SCOTUS will reconsider the Heller and McDonald case. Or maybe not.

But until they do, as they say; "It's the law of the land".

As long as it gives you some form of comfort just, "keep on believing".

gejohnston

(17,502 posts)
93. respecting their opinion on one thing
Fri Jan 8, 2016, 08:14 PM
Jan 2016

has nothing to do with anything else they say. Look up the genetic fallacy.

safeinOhio

(33,957 posts)
94. That is a stretch as
Fri Jan 8, 2016, 08:28 PM
Jan 2016

I was responding to a post about the ACLU and their opinion on the 2nd.

See fallacy fallacy

gejohnston

(17,502 posts)
95. no,
Fri Jan 8, 2016, 08:45 PM
Jan 2016

the ACLU is opposed to registration based on privacy concerns. I'm opposed to it based on cost benefit analysis. Why do you support it and can you provide a compelling argument why it is a good idea. Since you are proposing a restriction, the burden of proof is on you to prove its value as a policy.

gejohnston

(17,502 posts)
97. I don't think so
Fri Jan 8, 2016, 09:21 PM
Jan 2016

machine guns are completely banned in UK, Australia, and probably all of Europe, yet they have more crimes with machine guns than we do. In fact, bikie gangs make their own Lutzes and Stens. While Canada registered and licence handguns since 1934, machine guns didn't have to be registered until 1952 until they were banned in 1977. Was there more machine gun crime before 1952?
I guess banning them does the opposite, kind of like pot and heroin.
Australian biker gangs make their own and do drive bys with them.
Outside of the mob, the spree of machine gun crimes during the Dillinger era were with Thompsons and BARs stolen from police and NG armories. Dillinger stole his from a PD in Indiana.
http://www.indystar.com/story/news/crime/2014/03/06/gun-stolen-by-dillinger-gang-coming-back-to-indiana-police/6113647/
Bonnie and Clyde had BARs. They didn't buy them at Gander Mountain.
One of the Thompsons used at the St Valentines Day massacre was used in several mob hits as far away as Detroit. The mob ran the black market.
Before NFA, there wasn't a market for machine guns for most people. What really happened was increased security in national guard armories and police armories. The roving bank robber was a short period of people taking advantage of our federal system, until bank robbery became a federal crime.

While I don't support repealing the NFA, your argument is post hoc ergo propter hoc. You use the same flimsy evidence to support your argument.

safeinOhio

(33,957 posts)
98. Comparing UK and Australia to
Sat Jan 9, 2016, 01:14 AM
Jan 2016

the USA is a false equivalence argument the rest is an appeal to closure.

Straw Man

(6,760 posts)
99. Comparisons.
Sat Jan 9, 2016, 04:29 AM
Jan 2016
Comparing UK and Australia to

the USA is a false equivalence argument

What is it when people point to the Australian model of gun control and suggest that we should embrace it here?

gejohnston

(17,502 posts)
104. Is it still a false equivalence when the
Sat Jan 9, 2016, 11:48 AM
Jan 2016

when the prohibitionists bring up UK, Japan, and Australia? Yes it is.
Appeal to closure? Simply pointed out the more likely reasons other than the NFA.

DustyJoe

(849 posts)
6. really ?
Fri Jan 8, 2016, 10:43 AM
Jan 2016
3. Gun-owners would have to prove once a year that they still own the guns registered on their names. Failure to produce all the guns on demand is a crime and you get charged with arms-trafficking.


How do you 'traffic' arms by not responding to a request/demand to produce them ?
How would a law read that non-production of an item is construed as illegal trafficking ?
Can't see it happening, this might be found plausable in dictatorships, not democracies.

DetlefK

(16,450 posts)
102. Well, what happened to your guns?
Sat Jan 9, 2016, 08:21 AM
Jan 2016

Under my proposal, you and your guns are tied to each other.

What reasons or circumstances could there possibly be that you don't know where your guns are???
Did you sell them or gift them? No, then you would know where they are and who's the new owner.
Did you lend them? No, then you would know where they are.
Were they stolen? Well, then you would have reported the theft.

If you lose track of one of your guns (without it being stolen), then the only possible explanation left is that you passed it on to a person without you both notifying the gun-registry.
And what possible reason could a law-abiding citizen have to keep it a secret whom he sold a gun to?
Unless he wants no legal track-record connecting him to the person he sold the gun to.

global1

(25,889 posts)
7. Don't We Do Something Like That For Cars?.....
Fri Jan 8, 2016, 10:44 AM
Jan 2016

When we buy a car it needs a title to show the transaction and that I'm the current owner. When I sell my car that title needs to be transferred. I also have to have a license to drive the car; a license plate and sticker every year and car insurance.

Why should guns be any different?

gejohnston

(17,502 posts)
8. that is true only if you drive it on public roads
Fri Jan 8, 2016, 10:48 AM
Jan 2016

but not on private property. Car registration is for revenue for the state, not public safety. Gun registration costs money and there is no evidence of any benefits anywhere in the world.

global1

(25,889 posts)
9. How Do You Get Your Car From The Dealer To Your Private Property?.....
Fri Jan 8, 2016, 10:52 AM
Jan 2016

Unless you have it delivered to you - wouldn't you have to drive it on public roads?

Is your private property so big that you need a car to get around it?

Come on - that's a BS argument if I ever heard one.

gejohnston

(17,502 posts)
11. tow truck
Fri Jan 8, 2016, 10:58 AM
Jan 2016

it isn't a BS argument. You are using a false analogy. Registration to have even in our house, or face a felony even though it is a Constitutional right vs register to simply use it on public roads and just a civil fine for a violation.

safeinOhio

(33,957 posts)
17. Could you point out where in the Constitution
Fri Jan 8, 2016, 11:40 AM
Jan 2016

that it is illegal to register guns. Try to buy a machine gun.

gejohnston

(17,502 posts)
22. I never said it wasn't constitutional
Fri Jan 8, 2016, 11:59 AM
Jan 2016

I said it is pissing money away with no tangible benefit to society. I would rather see the money better spent.

safeinOhio

(33,957 posts)
35. OK I can buy that.
Fri Jan 8, 2016, 12:38 PM
Jan 2016

But it wouldn't be my money you spend on background checks and registration for your guns.

gejohnston

(17,502 posts)
39. the infrastructure has to paid for
Fri Jan 8, 2016, 12:50 PM
Jan 2016

a background check is eight bucks.

What value is registration if there is no evidence of any crime being solved, or any crime drop? It isn't. That is the difference between a liberal and conservative/SDS type progressive. A liberal believes every restriction should be as narrow as possible and only if there is a tangle benefit to society to justify it. The latter is more authoritarian. For me, it is a matter of being a consistent liberal.

safeinOhio

(33,957 posts)
43. that might be one way to look at it
Fri Jan 8, 2016, 12:55 PM
Jan 2016

but liberals in general support rules that protect society. There is a difference in liberal and libertarian.

gejohnston

(17,502 posts)
47. That is a uniquely US definition
Fri Jan 8, 2016, 01:09 PM
Jan 2016

progressive and liberal are not the same thing. All authoritarians claim to "protect society" but the reality is that they view anyone who isn't like them, or the "average person" as being too stupid to think for themselves. That is my problem with the Bible Thumpers and the likes of Thom Hartman.
A libertarian is an anarchist.
rules that protect society. How does gun registration protect society? There is no evidence anywhere in the world that it does.

gejohnston

(17,502 posts)
60. No it doesn't
Fri Jan 8, 2016, 02:43 PM
Jan 2016

Like I said, they were rarely used then. Even then they were stolen. Two logical fallacies in one sentence.

NutmegYankee

(16,303 posts)
89. Liberalism is associated with a belief in high Individual liberty.
Fri Jan 8, 2016, 06:49 PM
Jan 2016
https://en.wikipedia.org/wiki/Liberalism

On the social-economic axis scale, liberalism is high social liberty, low economic liberty.

Libertarianism is high social liberty and high economic liberty, to a near anarchist level.

There are movements on the left that are low social and economic liberty, usually associated with the Communist Party movements of the 20th Century. I fall under the Liberalism definition, I'm an ACLU card carrying person who supports a strongly mixed economy with a lot of social services and support.
 

Eleanors38

(18,318 posts)
108. In Florida, they're called "grove trucks," Texas, "ranch rockets."....
Wed Jan 13, 2016, 03:43 PM
Jan 2016

Most get retired to off-road farm/ranch work; others are bought cheap at auctions, then towed to their final vacation home. Who wants to spend $ on registration, license, inspection, etc.?

Btw, I support all public carry of firearms should come after a fitting course (including range time) to certify competency.

ileus

(15,396 posts)
12. Cars aren't a right....also you're not right.
Fri Jan 8, 2016, 11:01 AM
Jan 2016

I know where there's dozens of vehicles sitting without a title or registration and no tags. You only need to do that stuff if you want to drive it on the public highway.



What other rights should we pay the government for? If we have to pay for a right, is it really a right?

nykym

(3,063 posts)
52. Just Saying... some municipalities restrict the number
Fri Jan 8, 2016, 01:42 PM
Jan 2016

of unlicensed, unregistered vehicles on ones property unless the are garaged.
Happened to me I live in NY

discntnt_irny_srcsm

(18,565 posts)
53. That is generally the case for urban and suburban areas...
Fri Jan 8, 2016, 01:55 PM
Jan 2016

...on lots under a certain size. The concern is that a neighbor's property value could be affected by you having a handful of rusting hulks on your lawn. Many farms and ranches have pickup trucks that never leave private property and have never been licensed, registered, insured or inspection tagged for either safety features or emissions.

nykym

(3,063 posts)
54. I am neither
Fri Jan 8, 2016, 02:14 PM
Jan 2016

property size is 1.75 acres. Just got real street numbers about 10 years ago used to be RR boxes. I live in a Hamlet which is part of a town so it goes by their rules.
Agreed mostly for urban & suburban area.

discntnt_irny_srcsm

(18,565 posts)
67. My town has similar rules
Fri Jan 8, 2016, 03:50 PM
Jan 2016

I live NJ in a Philly suburb. The building inspector stopped by to let me know I had a sidewalk block out of place and that it was a trip hazard and needed to be corrected. While I was talking to him, he said that regardless of it being my property, I wasn't allowed to park my own tagged, insured, inspected car on my own grass, garage or driveway parking only.

Seems odd but I'm not one to cause trouble or give people difficulties.

ileus

(15,396 posts)
55. We have the same rule here in Rural Va.
Fri Jan 8, 2016, 02:30 PM
Jan 2016

My neighbor gets around the 6 car rule (with over 30 sitting around his property) somehow.

sarisataka

(20,877 posts)
10. In the spirit of compromise
Fri Jan 8, 2016, 10:55 AM
Jan 2016

would you consider that each gun owner would receive a licence, much like a driver's licence. There would be boxes that indicate if the person has qualified for carry- we can leave the open/concealed debate and qualification aside for the moment.

The person who has the carry box checked is allowed to carry in all 50 states, just as a person may drive on roads in all 50 states. It will be as valid in NYC as it is in rural Montana.

safeinOhio

(33,957 posts)
21. You saying I can keep my house without
Fri Jan 8, 2016, 11:59 AM
Jan 2016

paying taxes. Good luck with that. I don't have to open my bag at the airport?

 

beevul

(12,194 posts)
24. If you want to invite the TSA into your home, feel free.
Fri Jan 8, 2016, 12:07 PM
Jan 2016

Invite them into mine, and we'll have a problem.

I don't have to open my bag at the airport?


Is the airport your privately owned property? No?

I guess you don't get to say then.

discntnt_irny_srcsm

(18,565 posts)
27. TSA will not ask to...
Fri Jan 8, 2016, 12:28 PM
Jan 2016

...examine your bag, sniff your backpack, X-ray your pants or search any cavities when the airplane you board is rented, leased to or owned by you. That's at any airport even public, government owned and controlled airports.

 

beevul

(12,194 posts)
37. As a matter of fact it is...
Fri Jan 8, 2016, 12:39 PM
Jan 2016
Is your bag private property?


As a matter of fact it is, and absent some public action on my part, it is not subject to search, nor is it subject to governmental intrusion, without a warrant.

Guess you didn't know that huh? Or is it that you just don't care, "because gunz!"





 

beevul

(12,194 posts)
48. And you enjoy your TSA.
Fri Jan 8, 2016, 01:15 PM
Jan 2016
feel free to walk or paddle on your trip.


Some of the most beautiful places and things in the world, can't be seen without walking and paddling.

NutmegYankee

(16,303 posts)
81. Paying taxes does not allow a search of your home.
Fri Jan 8, 2016, 06:33 PM
Jan 2016

The US Constitution, Amendment 4 makes that pretty damn clear.

safeinOhio

(33,957 posts)
82. My response was to a comment about property rights and search rights.
Fri Jan 8, 2016, 06:37 PM
Jan 2016

You have no right to your home without paying taxes on it was my point.

See post 14

NutmegYankee

(16,303 posts)
83. That's because all land is purchased in a legal deed concept called "Fee Simple".
Fri Jan 8, 2016, 06:40 PM
Jan 2016
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. It is the way that real estate is owned in common law countries, and is the highest ownership interest possible that can be had in real property. Allodial title is reserved to governments under a civil law structure. Fee simple ownership represents an ownership interest in real property, though it is limited by government powers of taxation, compulsory purchase, police power, and escheat, and it could also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional.[1]

https://en.wikipedia.org/wiki/Fee_simple


Police and search rights are limited further in the United States by the 4th Amendment.

safeinOhio

(33,957 posts)
85. I agree on the 4th however
Fri Jan 8, 2016, 06:43 PM
Jan 2016

Your right to real estate property, your home, is subject to paying your local taxes. Don't and the Sheriff will take your home.

NutmegYankee

(16,303 posts)
90. Did you not read the defintiion of Fee Simple?
Fri Jan 8, 2016, 06:52 PM
Jan 2016

It is a condition of your ownership deed that you must pay property taxes. You do however have a right to privacy and also to not have that property taken without due process (court case) via the 5th and 14th Amendments.

I guarantee if you look at your deed, it states "Fee Simple".

hack89

(39,179 posts)
15. Are you aware that felons cannot be legally required to register their guns?
Fri Jan 8, 2016, 11:14 AM
Jan 2016
The United States Supreme Court has ruled in Haynes v. United States that the Fifth Amendment to the United States Constitution exempts felons—and, by extrapolation, all other prohibited possessors—from the registration requirements of the Act. However, the prohibited person can still be charged under the Gun Control Act of 1968 for being a prohibited person in possession of a (any) firearm.


https://en.wikipedia.org/wiki/National_Firearms_Act#Registration.2C_purchases.2C_taxes_and_transfers

I am not interested in a "solution" that does not apply to violent criminals.

safeinOhio

(33,957 posts)
23. Seems a universal background check on purchase
Fri Jan 8, 2016, 12:02 PM
Jan 2016

would stop a felon from being able to register as he or she would not be able to purchase a firearm to register.

gejohnston

(17,502 posts)
25. That's already been done
Fri Jan 8, 2016, 12:10 PM
Jan 2016

or do you think the local fence or drug dealer will do background checks? You think they ask for prescriptions for heroin? Did the guy who sold the machine guns to the Charlie Hebdo and deli shooters do a background check at the Brussells train station?

Look up the Wright Rossi study, criminals don't go to FFLs.

safeinOhio

(33,957 posts)
28. Not even in the US those examples
Fri Jan 8, 2016, 12:28 PM
Jan 2016

Very rare for full autos to be used in crimes here.

Yes criminals commit crimes. We have speed limit signs that just slow down traffic some what, but do lower traffic deaths.

gejohnston

(17,502 posts)
41. they were rare before NFA
Fri Jan 8, 2016, 12:52 PM
Jan 2016

and even Dillinger stole his from the cops. Full autos are more common in Europe and Australia.

safeinOhio

(33,957 posts)
34. Apparently they do when
Fri Jan 8, 2016, 12:35 PM
Jan 2016

buying machine guns. But then those are taxed and registered. Of course traffickers care, at least enough to purchase them in states with lax laws and take them to criminals in other states to make a profit. That would, at least, reduce the number of illegal guns on the streets.

hack89

(39,179 posts)
36. There are over 300 million unregistered guns in America
Fri Jan 8, 2016, 12:38 PM
Jan 2016

there will never be a shortage of unregistered guns for felons to buy.

safeinOhio

(33,957 posts)
57. Sure are a lot of folks driving faster than the
Fri Jan 8, 2016, 02:35 PM
Jan 2016

speed limit. Yet, they seem to drive just fast enough not to get too many tickets. If there were no speed limits and no cops with radar the roads would not be as safe.

hack89

(39,179 posts)
62. But acts of gun violence are exceedingly rare compared to the number guns and gun owners
Fri Jan 8, 2016, 02:47 PM
Jan 2016

incremental changes will not produce significant reductions. The notion that registration would reduce illegal ownership of guns significantly is nonsense. Even if you disregard the hundreds of millions of unregistered guns, the demand for guns by criminals could be easily met through the black market. If organized crime can smuggle drugs by the truck load, supplying a steady supply of guns and ammo to those willing to pay for it would be child's play.

The biggest flaw with registration is that the people most likely to register their guns are the people least like to harm anyone while those that you should fear will simply not comply.

safeinOhio

(33,957 posts)
64. You don't think gangs
Fri Jan 8, 2016, 03:25 PM
Jan 2016

and terrorist, domestic like those that attack clinics wouldn't pay a premium for full autos? Where is the steady supply of those? Looks like the money isn't worth the risk for organized crime to bring them in by the truck loads.

hack89

(39,179 posts)
65. Central America and Mexico are awash with automatic weapons
Fri Jan 8, 2016, 03:33 PM
Jan 2016

if the demand was there, the cartels would be smuggling them into American cities next to the cocaine, heroin and meth.

safeinOhio

(33,957 posts)
66. Those same cartels and drug gangs
Fri Jan 8, 2016, 03:47 PM
Jan 2016

use full autos in their own countries and they operate here. Yet they fear bringing those weapons here because they know the Feds would come down hard on them. No good reason they use them all of the time in Mexico, but leave them behind when they come here.

hack89

(39,179 posts)
68. So the Feds ignore heroin, cocaine and meth but will come down hard because of automatic weapons?
Fri Jan 8, 2016, 03:55 PM
Jan 2016

ok

hack89

(39,179 posts)
69. Why can't the Feds come down hard on the cartels and drug gangs using semi-automatic weapons?
Fri Jan 8, 2016, 03:57 PM
Jan 2016

what is the issue here?

safeinOhio

(33,957 posts)
70. Most of the crime here are state crimes
Fri Jan 8, 2016, 04:00 PM
Jan 2016

If they were to start fire fights with autos the Feds would bring in the Marines.

hack89

(39,179 posts)
71. Every major city has SWAT teams with automatic weapons
Fri Jan 8, 2016, 04:07 PM
Jan 2016

and the Marines would not be brought in to fight drug gangs in US cities.

safeinOhio

(33,957 posts)
73. Every city swat team
Fri Jan 8, 2016, 04:22 PM
Jan 2016

are still city cops. In a national emergency I think greater resource would be ok.

If the cartel needs autos south of the boarder and, as you say, it would be easy to bring truck loads in and they sure don't to any great extent.

hack89

(39,179 posts)
74. Hold on a second
Fri Jan 8, 2016, 04:26 PM
Jan 2016

first off, a bunch of gang bangers with no military training do not constitute a national emergency even if they have automatic weapons. With no tactical or marksmanship training, they would be just wasting bullets.

secondly, big city SWAT teams are trained to military standards - they are truly specialized. And if they needed back up, the FBI has some excellent SWAT teams.

safeinOhio

(33,957 posts)
75. City cops are not all that trained.
Fri Jan 8, 2016, 04:32 PM
Jan 2016

Give me a couple of Special Forces men against a couple of dozen "trained" local cops anytime. Sure urban gangs don't know what they are doing, but Mexican Cartel fighters are ruthless.

 

HockeyMom

(14,337 posts)
30. Questions?
Fri Jan 8, 2016, 12:29 PM
Jan 2016

What about a gift to a spouse? Should that require them to have a background check too? Personally, I think so but that raises other issues. What about community property? Wouldn't married couples jointly own the same guns no matter who actually bought them? What would happen if one spouse died? The other spouse would automatically inherit them. Then what? Would the guns have to be registered to the survivor, and a background check done then on them, possibly even before the survivor could sell them?

These are very personal issues for me as a wife of a gun owner who had a heart attack last year. I will inherit them if he passes before me and have to dispose of his guns in the event of his death. Oh, I would not want to go through any of those background checks, registration, in addition to just plain selling them. What a nightmare situation this would create.

gejohnston

(17,502 posts)
46. Under the Gun Control Act,
Fri Jan 8, 2016, 01:05 PM
Jan 2016

If you have access, you are in possession. Meaning, if G. Gordon Liddy's wife owns a gun, and Mr. Liddy has access to it in any way, he is a felon in possession.
If he has any NFA items, you will be facing exactly that.
If he passes, I suggest simply selling them to an FFL. Granted, you won't get full retail value but it decreases a lot of hassle.
How many does he have?

 

HockeyMom

(14,337 posts)
50. Or mentally impaired
Fri Jan 8, 2016, 01:30 PM
Jan 2016

You speak about access. I suppose in a situation like Liddy's, his wife would be required to lock up her guns in a combination safe and not let G. Gordon know the combination? Problem with that is how would you enforce that? Nancy and Adam Lanza are perfect examples of that.

I do not know how many guns he has. They are locked up in a combination safe, by my request. I feel they are danger to me left in an unlocked drawer in the event a criminal breaks into the house when I am alone, finds a gun, and uses it on me. I do not know the combination, again by my request. The number is written down in a locked file cabinet (have that key) with the rest of our important papers.

I suppose what my point in this discussion is, even as a semi anti-gun person, is that all the laws on the books are not worth the paper they are written on if they are UNENFORCEABLE.

gejohnston

(17,502 posts)
51. how mentally impaired?
Fri Jan 8, 2016, 01:39 PM
Jan 2016
I suppose in a situation like Liddy's, his wife would be required to lock up her guns in a combination safe and not let G. Gordon know the combination?
Under federal law, yes. Some countries, without a fourth amendment like UK, they actually do home inspections.
Leaving them in an unlocked drawer also violates Florida's safe storage law. That is usually enforced as an afterthought. You might want to ask around different FFLs on who will buy large collections.
 

HockeyMom

(14,337 posts)
63. That depends on the state you live in
Fri Jan 8, 2016, 03:23 PM
Jan 2016

Is there a Federal definition (not for Minors) on who can and cannot have access to or own a gun when mentally impaired? Our adult daughter, who stills live in NY, voluntarily put herself in a hospital and was diagnosed BiPolar, which is on the spectrum of mental illness. She cannot own a gun in NYS.

However, in Florida where we live, since she VOLUNTARILY sought treatment, and was not involuntarily adjudicated with a mental illness, means she can have access to guns. Different States. Different Laws.

The reason this ever came up with us is that she wanted to join the NYPD. She is barred from doing this in NYS. However, in the state of Florida when she visits us, my husband could leave an open gun around, and take her shooting with him. Moot since non Felon, non Mentally Impaired me wants all guns locked in a safe anyway. For what it's worth, since I have worked in Public Schools and MR/DD institutions, my jobs required me to be fingerprinted, background checked, and are on file with the FBI anyway. They could very easily run a check on me.

The problem that I see is that there is a hodgepodge of laws across the states, especially on what is considered mentally impaired and barred from access to or owning guns.

gejohnston

(17,502 posts)
72. The Gun Control Act defines it as
Fri Jan 8, 2016, 04:10 PM
Jan 2016
(4) has been adjudicated as a mental defective or has been committed to any mental institution;

Ask a lawyer on the issue. I know someone in IL with a FOID and someone with Asperger in the UK who legally owns. But then, NYS also bans target pistols used on the Olympics and World Cup as "assault weapons".
 

HockeyMom

(14,337 posts)
78. Yes, Adjudicated is the key
Fri Jan 8, 2016, 05:23 PM
Jan 2016

Was Adam Lanza ever adjudicated??? No, he never was although he had a "history". This is where the mentally impaired given access to guns are falling through the cracks of the legal system. I prefer NYS's non-adjudicated law.

I would certainly prefer to err on the side of caution with mental health issues. This is why even back when our own adult daughter living with us was having mental health issues (tried to slit her wrists) before she was diagnosed voluntarily, I would NEVER let her have access to my husband's guns. I was afraid she would shoot herself, and perhaps even the rest of us in her household. Her 2nd Amendment rights be DAMNED. I prefer a LIVING child to a DEAD one, let alone a dead younger child, dead husband, and dead me.

Too bad Nancy Lanza did not realize this. She herself and those poor Sandy Hook Victims might all be alive today.

gejohnston

(17,502 posts)
79. I don't know anything about Lanza
Fri Jan 8, 2016, 06:07 PM
Jan 2016

outside of what I read in the police report I downloaded. How much is real and how much was media speculation, I have no idea. All I know is that the cops said he was six feet tall and weighted 112 pounds and shot himself, according to the report the CT State Police put out. Even that could be a misprint on their part. No, I'm not a member of the Alex Jones and James Tracy fan club. It is just that the media is lazy and often stupid. Maybe he learned the combo without her knowing it. Maybe she was too lazy to buy a safe or locking cabinet. Or, maybe she had the standard "not my special snowflake" blindness.

You have a right to do whatever you think is right within your home. I would also err on the side of caution. Of course, the only loaded gun is the one on me if at all. As a kid, we never kept our guns loaded in the house. Both of my cop brothers unloaded their revolvers as soon as they got home. My brother and I continue that custom in our homes.
The same was probably true of all of the guns at my friends' houses to. The only person I know of who didn't was my grandfather. He was a very devout Methodist who didn't carry his gun loaded even while on patrol.

I would also hide the knives and ropes. However, I support everyone's fifth amendment right to due process. Of course, you are not denying her any of those rights within your home. Only the government can do that. Since guns used in slightly over half of all suicides, I hope you secure other means as well.

Straw Man

(6,760 posts)
100. A question about NYS law.
Sat Jan 9, 2016, 04:35 AM
Jan 2016
I prefer NYS's non-adjudicated law.

Do you have a reference for New York State law denying gun ownership to those with a non-adjudicated mental health history? The only requirement for a NYS resident who is buying a long gun is a Federal background check via the Form 4473, which clearly states "adjudicated."

Are you possibly thinking of the handgun permit process?
 

Lurks Often

(5,455 posts)
103. You are mistaken, autism is NOT a mental illness
Sat Jan 9, 2016, 11:04 AM
Jan 2016

and Adam Lanza was never diagnosed as mentally ill. Note Asperger's Syndrome falls into the autism spectrum

"Peter Lanza said he does not believe Nancy Lanza feared her son Adam. She did not confide any fear of Adam to her sister or to her best friend"

https://en.wikipedia.org/wiki/Sandy_Hook_Elementary_School_shooting#Perpetrator

Given the benefit of 20/20 hindsight, we can see that Adam Lanza was mentally ill and where we think some mistakes were made by the parents. However we'll never know whether Adam successfully hid his mental illness from his mother and the mental health professionals that did see him, that she was in denial or that any abnormal behavior indicating mental illness was mistaken for his autism.

 

HockeyMom

(14,337 posts)
105. I was not talking about Autism
Sat Jan 9, 2016, 06:05 PM
Jan 2016

but BiPolar in my own adult daughter. If your adult child tries to slit her wrists, you would not agree that it is best to lock up YOUR guns? My daughter, later on, said to me that she was thankful that I pressured my husband to do just this. She DID admit later that she would have shot herself if she had access to them. Hello?????? Because of 2nd Amendment rights, you think in a situation like this, as an ADULT her rights were somehow infringed upon by ME her mother???? Give it up. As her mother, I cared more about HER LIFE than her 2nd Amendment rights. What do you not get that she herself does? I saved her life by "anti-gun 2nd Amendment" rights. and possibly the rest of the family too.

 

Lurks Often

(5,455 posts)
106. My post was in response to your comments regarding Adam Lanza & Nancy Lanza ONLY
Sat Jan 9, 2016, 06:11 PM
Jan 2016

None of what I posted was about you, your daughter or anything else about YOUR situation.

discntnt_irny_srcsm

(18,565 posts)
76. Here is a list from the FBI
Fri Jan 8, 2016, 04:52 PM
Jan 2016
https://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet
These are all 11 reasons that the feds list as prohibiting criteria:
(I showed the mental provision in bold.)
--A person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or any state offense classified by the state as a misdemeanor and is punishable by a term of imprisonment of more than two years.
--Persons who are fugitives of justice—for example, the subject of an active felony or misdemeanor warrant.
--An unlawful user and/or an addict of any controlled substance; for example, a person convicted for the use or possession of a controlled substance within the past year; or a person with multiple arrests for the use or possession of a controlled substance within the past five years with the most recent arrest occurring within the past year; or a person found through a drug test to use a controlled substance unlawfully, provided the test was administered within the past year.
--A person adjudicated mental defective or involuntarily committed to a mental institution or incompetent to handle own affairs, including dispositions to criminal charges of found not guilty by reason of insanity or found incompetent to stand trial.
--A person who, being an alien, is illegally or unlawfully in the United States.
--A person who, being an alien except as provided in subsection (y) (2), has been admitted to the United States under a non-immigrant visa.
--A person dishonorably discharged from the United States Armed Forces.
--A person who has renounced his/her United States citizenship.
--The subject of a protective order issued after a hearing in which the respondent had notice that restrains them from harassing, stalking, or threatening an intimate partner or child of such partner. This does not include ex parte orders.
--A person convicted in any court of a misdemeanor crime which includes the use or attempted use of physical force or threatened use of a deadly weapon and the defendant was the spouse, former spouse, parent, guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited in the past with the victim as a spouse, parent, guardian or similar situation to a spouse, parent or guardian of the victim.
--A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding one year.

bolus

(14 posts)
49. If the law changes after you register the firearm then they know where to go to get them
Fri Jan 8, 2016, 01:30 PM
Jan 2016

1. Register your legal firearm.
2. Law changes making said firearm illegal.
3. state tells you to turn in your firearm for destruction ( I assume this was true, I dont live there)
http://www.thetruthaboutguns.com/2013/11/robert-farago/begins-new-york-sending-gun-confiscation-notices/
http://www.washingtontimes.com/news/2013/nov/28/nyc-alarms-notice-immediately-surrender-your-rifle/

doc03

(36,559 posts)
77. I have no problem with them registering guns or gun owners. They should
Fri Jan 8, 2016, 05:16 PM
Jan 2016

also bring back the Clinton assault weapon ban.

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