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Here's an interesting "what if" scenario by law professor/writer Davel Kopel. What if Obama wins re-election, and he & Eric Holder decide to finally move on their deeply held convictions regarding guns and "gun violence." I urge any gun owner thinking about voting for Pres. Obama to read this first. It's a great read, and brilliantly written IMO.
Of course pro-gun Democrats (they're increasingly common) will protest that Obama didn't do much of anything to ban any guns during his first term. The problem with that line: during his first term there was a giant (political) sword of Damocles overhead. Move on gun control, and it could cost him a second term. In his second term, that sword will be gone.
Kopel draws a roadmap of all that a Pres. could do, even with zero co-operation from Congress. He details how, for example, a President could ban all 12-gauge shotguns by reclassifying them as a "destructive device" under the National Fireams Act (NFA) of 1934. This provision has been used before, when Treas. Sec. Lloyd Bentsen effectively banned several shotgun models in 1994, with the stroke of a pen. No legislation, no debate. Almost 20 years later, they remain effectively banned for civilian ownership. There are several other powerful tools in the toolbox that are available to Obama, and Kopel runs through them all.
Can you please draw this old woman a picture of how that would work? Just as a practical matter, logistically.
Most places have speed limits but that does not stop speeders. Murder is against the law but we still have murders.
Tell me please how a POTUS can sign a paper to get my gun. If the gun is manufactured anywhere in the world what's to stop me from getting one if I want it?
Why would the NRA permit Lloyd Bentsen to ban shotguns?
Can you please draw this old woman a picture of how that would work? Just as a practical matter, logistically.
Most places have speed limits but that does not stop speeders. Murder is against the law but we still have murders.
Tell me please how a POTUS can sign a paper to get my gun. If the gun is manufactured anywhere in the world what's to stop me from getting one if I want it?
Why would the NRA permit Lloyd Bentsen to ban shotguns?
Needless to say, when guns are outlawed, outlaws will still have them. I thought that goes without saying. How will they get your gun? Read the piece by David Kopel. When you bought your gun you likely filled out a 4473 form, which is available to the BATF. If your gun is subsequently declared illegal, the BATF will be able to find out about it. Then they knock on your door, and ask you where your gun is. Either a) you turn it in; b) you identify whom you sold it to and the BATF goes after them; c) you are prosecuted.
Why did the NRA permit Lloyd Bentsen to ban shotguns? The NRA is just a private organization with no official legislative or executive powers. Lloyd Bentsen was Treas. Sec'y, so he did and could impose the regulation. The NRA had zero say.
He banned 3 specific models of shotguns, it would appear, based solely on ammunition capacity. Since then, Keltec and other gun makers have come out with models that have even more capacity than the models that were banned. It kind of shows the inanity of the banners, but also that there's a logical case to be made for future, more sweeping bans.
I'm not suggesting that the NRA would go up against a reasonable law. But serious doubt remains. If they thought the government was over reaching all hell would have broken lose.
I met Lloyd Bentsen a time or two and enjoyed his company. He was born and bred a Texan. I don't think he would have outlawed any ammunition or weapon without the agreement of the Rangers, at the very least.
I'm not suggesting that the NRA would go up against a reasonable law. But serious doubt remains. If they thought the government was over reaching all hell would have broken lose.
I met Lloyd Bentsen a time or two and enjoyed his company. He was born and bred a Texan. I don't think he would have outlawed any ammunition or weapon without the agreement of the Rangers, at the very least.
If you have a gun that is 'off-paper' (no 4473 on file) then obviously they can't come after you, but for most guns, that is not the case.
These were just 12 gauge shotguns that fired the same shell as a Mossberg 500 or Remington 870, but they were banned nonetheless. It was a long time ago. I'm sure the NRA opposed it. But a) the NRA was not as strong back then; b) the NRA has to pick its battles, and even with this ban there were plenty of equivalent shotguns still legal and available, so who really cares.
I'm sure Lloyd Bentsen (RIP) was a personable guy as you say, but he did do this.
This is nothing more then another right wing tin foil conspiracy of "Ahhh! He's gunna take yer gunnnnnzzzz!!! He didn't take them the first time, but he sure will if he gets elected again!"
Let's look at the facts:
Willard lead the charge as governor when the federal assault weapons ban expired to extend them in his state permanently.
Quadrupled the fees for gun owners
Stated during his last failed presidential campaign, when he was slammed for being so anti-2nd amendment, he responded with "We do have strict gun laws in Massachusetts, I support them."
Willard also was so anti-2nd amendment the NRA refused to endorse him.
Obama? Hasn't done a single thing to infringe on freedom.
If 2nd amendment rights are someone's main concern, they would be an idiot to vote for Willard.
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