Archive for the ‘Second Amendment’ Category

Real World Graduation, Question 91: Legal Exemptions

RealWorldGraduation_Question_91_Legal_Exemptions   <– PDF

A Bill was introduced in House of Representatives during the 111th Congress (2009-2010) called H. R. 45 (6 Jan 2009), named “The Blair Holt’s Firearm Licensing and Record of Sale Act of 2009”. The bill, if passed into law, would require

1) Every person to obtain a federal license to buy, sell, or possess any firearm;

2) All persons who owned a firearm prior to enactment of the law to obtain a license for those firearms;

3) Each person to apply for renewal of the license every five years;

4) Payment of a fee to obtain the license;

5) All firearm sales to be permanently recorded in a federal database;

6) All persons seeking to buy or possess a firearm to submit to a background check;

7) A possessor to report theft or loss of a firearm to federal authorities within 72 hours;

8) Secure storage of all firearms such that persons under age 18 cannot access them;

9) Firearms owners to permit the federal government to search without warrants any facility where firearms are stored, manufactured, or held;

10) Persons seeking a license to pass an examination on handling, use, and storage of firearms; and

11) Imposition of various penalties for violations of any of the foregoing.

However, Section 801, called “Inapplicability to Governmental Authorities”, states:

“This Act and the amendments made by this Act shall not apply to any department or agency of the United States, of a State, or of a political subdivision of a State, or to any official conduct of any officer or employee of such a department or agency”.

One of the stated justifications for the bill is “to protect the public against unreasonable risk of injury and death associated with the unrecorded sale or transfer of qualifying firearms to criminals and youth”.

Why is it necessary to exempt every level of the government and their employees from this Act?

a) Requiring government agencies and their employees to comply with this Act would reduce their efficiency.

b) Requiring government agencies and their employees to comply with this Act would cost too much money that could be devoted to more important objectives.

c) Requiring government agencies and their employees to comply with this Act would cause unnecessary confusion over which agency is to defer to which other agency.

d) Requiring government agencies and their employees to comply with this Act would interfere with the powers of the governments under the respective Constitutions.

e) All of the above.

(The answer is on p. 2 of the PDF.)

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Posted in Bill of Rights, critical thinking, Federalist Papers, government powers, gun control, James Madison, Revolutionary War, Second Amendment, U. S. Constitution | No Comments »

Real World Graduation: Anti-Gay Activists

RealWorldGraduation_Question_74_Anti-Gay_Activists   <– PDF

A certain homosexual man is consistently being harassed and intimidated by people who are opposed to the “gay lifestyle”. He has been assaulted several times (requiring hospitalization), lives in fear for his life, and is thinking of buying a gun for self-defense.  However, it is illegal to own, possess, or carry a gun in his city.  The city is economically distressed, and he is unable to sell his house and move away.  What should he do?

a) File complaints with the police, and depend on them for protection.

b) Turn “straight”.

c) Get a gang of gays together, go out and administer a beating one of his assailants; that will send a message to his abusers and solve the problem.

d) Hire some lawyers and attempt to sue his antagonists for harassment and violations of his civil rights.

e) A combination of a) and d).

(The answer is on p. 2 of the PDF.)

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Posted in Bill of Rights, critical thinking, gun control, Real World Graduation, Second Amendment | No Comments »

Real World Graduation, Question 52: Your Rights

RealWorldGraduation_Question_52_Your_Rights   <– PDF

A certain man was a successful politician for many years. He gradually rose through the ranks from a city council member to state Representative to state Senator to federal Congressman to federal Senator.  In all those years, he was a consistent advocate for gun control, including various proposals to ban all guns and ammunition held by private persons.  He himself always lived in places with strict gun control, but he also was always in violation of the existing gun laws: he owned many guns that were banned, he failed to register guns he owned, and he bought and sold guns without the legal reporting requirements.  He was called upon to serve as an under-Secretary of a cabinet-level department by the new presidential administration.  As part of the vetting process, he was asked if he had ever violated any gun laws.  He lied about his guns, and the administration believed him, since he had a “perfect” voting record promoting and enacting gun control.  But once he was confirmed by the Senate, it came to light that he had in fact owned many guns, some of them illegally, and had committed numerous violations of the existing gun laws (some of which he had helped to pass at the state and federal level).  What will happen next?

a) He will be fired by the President.

b) He will resign in disgrace.

c) He will be investigated by the federal authorities.

d) He will be indicted by state and local authorities.

e) Either a) or b), followed by either c) or d).

(The answer is on p. 2 of the PDF.)

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Posted in Bill of Rights, critical thinking, government powers, gun control, habeas corpus, progressive, Real World Graduation, Second Amendment, U. S. Constitution | No Comments »

Real World Graduation: Question 29

RealWorldGraduation_Question_29   <– PDF

Article 2, Section 1 of the U. S. Constitution requires the President to take the following oath of office:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of the President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States”.

An integral part of preserving, protecting, and defending the Constitution is preserving the rights of the people. The rights of individuals specifically called out in the Constitution and its first ten amendments are:

1) Habeas corpus (right to challenge detainment)

2) Freedom of speech

3) Freedom of the press

4) Freedom of religion

5) Freedom to keep and bear arms

6) Freedom from bearing the expense of quartering soldiers

7) Freedom from arbitrary search and seizure (searches require warrants signed by a judge, with testimony under oath by the officials seeking the warrant)

8) Federal indictment only by grand jury

9) No double jeopardy (a person can only be tried once for the same crime)

10) Immunity from self-incrimination

11) Due process of law

12) Compensation for property allocated for public use

13) Speedy and public trial

14) Cross-examination of witnesses in criminal trials

15) Counsel for defense in criminal trials

16) Trial by jury

17) Facts found by a jury not reviewable by a court

18) Prohibition of excessive bail

19) Prohibition of excessive fines

20) Prohibition of cruel and unusual punishments.

Also, rights not specifically mentioned are reserved to the people (individuals) or to the states. Based on your understanding of American history, which three would you rate as the worst Presidents with regard to preserving the rights of the people?  The letter after their name indicates their part affiliation (F refers to Federalist, R indicates Republican, N indicates None, D indicates Democrat, D-R indicates Democrat-Republican, which later became the Democratic Party in the 1820’s).

a) Alexander Hamilton (F), Aaron Burr (F), and Benjamin Franklin (F)

b) Richard M. Nixon (R), Gerald R. Ford (R), and George Washington (N)

c) George H. W. Bush (41) (R), James E. Carter (D), and Thomas Jefferson (D-R)

d) Walter Mondale (D), Barry Goldwater (R), and Alf Landon (R)

e) Three among those listed in groups b) and c)

(The answer is on p. 2 of the PDF.)

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Posted in Benjamin Franklin, Bill of Rights, critical thinking, fifth amendment, First Amendment, fourth amendment, government powers, habeas corpus, Real World Graduation, Second Amendment, sixth amendment, U. S. Constitution | No Comments »