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Kennedy

New Laws -vs- Actually Enforcing The Laws Already In Place

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Philly is workig hard to earn that dubious honor of "Murder Capital" of America.

They have all the tools they need to fight crime, but instead of doing it, the Mayor is talking about passing new gun control measures. :S

http://www.philly.com/mld/dailynews/11283192.htm
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John Baer | GETTING A HANDLE ON THE PROBLEM

A tough law's in place - officials could make it work


AND NOW more on being smart about guns.

I recently wrote that Mayor Street, Gov. Rendell and others offering task forces and calling for new laws in response to the current spike in gun violence is just not smart.

I said that since gun problems are pretty clear and not new and since there are legal tools in place to address them, maybe, just maybe, this is showboating politics.

I noted the Blueprint for a Safer Philadelphia, put together a year ago by cops, prosecutors, judges and lawmakers, has 10 specific common-sense measures, mostly adopted.

I encouraged completing the blueprint rather than running off on some new effort or calling for new laws (such as one-gun-a-month) that aren't going to happen in Pennsylvania.

To bolster my case, let's look at a tough, 10-year-old state law aimed at illegal gun sellers that is - are you ready? - never used.

It's in the Uniform Firearms Act of 1995, the last real gun control measure in the state. The act deals with rifles, handguns, background checks, permits, making illegal gun sales a felony and more.

It passed after lots of negotiation with the National Rifle Association.

Well, part of the law says that somebody selling a gun illegally is liable for any crime committed with that gun.

Think it through.

Guy illegally sells a gun used in any of the 72 gun deaths in the city so far this year? Guy could face a murder charge.

Think that might be a deterrent?

Treating the crime of selling guns illegally the same as the crime of using guns illegally strikes me a fairly good way to attack gun violence.

That would be smart.

State Sen. Vince Fumo, who authored the statute a decade ago, agrees and says, "This is not rocket science." You get a shooter, for example, facing a death penalty and offer life in prison in exchange for the seller.

Getting sellers off the street seems a far better catch than getting one or two shooters.

It's just that in Philadelphia the law's never been tried.

The D.A.'s office says the burden of proof is too high, says it's too tough to prove a seller knows a gun will be used in a crime.

Let's see. Guy sells a gun out of his trunk in North Philly in exchange for cash or drugs in the dead of night. My guess is the buyer isn't buying a gift for a target-shooting pal. My guess is a jury would agree.

Yet Philadelphia Chief Assistant D.A. Mike Kershaw tells me that, while the law's "a great idea," it "just doesn't seem practical."

He argues that criminals make lousy witnesses, and proving knowledge of an intended crime is difficult.

One wonders where the D.A.'s office was when the law was written.

Plus, in 1999, after Fumo asked D.A. Lynne Abraham about enforcing the law, she said in a letter to the senator, "our primary focus" is prosecuting the person committing a crime with a gun.

She added, "Of course we would not make a deal with that defendant, charged with perhaps a murder, robbery or rape, in order to have the evidence necessary to prosecute another individual."

Well, see, if this really is office policy, I suggest it be reconsidered. Again, getting a few sellers seems smarter than getting a few shooters.

And testing this law might be a lot easier than passing new laws.

And Fumo says if the D.A.'s office brings a case and fails, "I'll go change the language to make it easier for them."

A good plan. But maybe a better plan is for those writing laws and those enforcing them to actually work together.

Doing so in the future and at least trying the laws we have now might just help being smart about guns.


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Guard your honor, let your reputation fall where it will, and outlast the bastards.
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If we would all just melt our weapons worldwide, everything would be happy!



I've little doubt that if we could ensure that everybody melted their guns tomorrow things would be a lot happier (it a little less fun)... trouble is, that's actually a rather difficult goal to achieve in practice.

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...and the eighty year old couple who live by themselves are going to do what for self defense? Put up their dukes?
(and the smaller, weaker, handicapped, etc)

There's a lot of truth to the old saying "God created Man, Mr. Colt made us equal."
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And then the Feds use RICO, Patriot Act, and Terrorism Law out of whack, for purposes for which it was not intended. And corporations misuse the Overtime Law and many other federal laws. Same story, different measures - very non-partisan for much of it.

Guy illegally sells a gun used in any of the 72 gun deaths in the city so far this year? Guy could face a murder charge.

Felony murder might apply here.

Think that might be a deterrent?


And now we have Disneyland.

Treating the crime of selling guns illegally the same as the crime of using guns illegally strikes me a fairly good way to attack gun violence

Again, felony murder, or at least an accessory.

She added, "Of course we would not make a deal with that defendant, charged with perhaps a murder, robbery or rape, in order to have the evidence necessary to prosecute another individual."


Why not, New Yrk did it to nab John Gotti? Than was 19+ murders for testimony to sink 1 guy.

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...and the eighty year old couple who live by themselves are going to do what for self defense? Put up their dukes?
(and the smaller, weaker, handicapped, etc)

There's a lot of truth to the old saying "God created Man, Mr. Colt made us equal."



The court's out on the fromer, very true with the latter.

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[

The court's out on the fromer.



Please explain this statement. I simply do not unerstand your meaning



The court is out on the "former." Obvious mis-type that means, "the one before."

The original statement was something about how God made man, Colt made us equal. I was agreeing with Kennedy that guns do make us equal, regardless of size. The thing about God making us was simply saying that procreation is still unproven, just as is evolution. The emphasis of my statement was to agree that guns are the eqaulizer.

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I'm not ready to sign off on something that makes the seller a murderer. If a friend of mine is in danger, I'll provide them with a weapon (and whatever training is feasible) during the 10 day waiting period we have here.

Illegal, sure. But people have died during that 'cooling off' period. I'm not going to wait till it happens to a friend of mine to lobby in CA for a change.

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Not to long ago I heard a conversation in the local gun shop I think I should share.
Guy: Do you rent guns here?
Salesman: Sure do.
Guy: Great, I need one for about 3 days.

It's people like that where these gun laws are good. It keeps weapons out of the hands of this guy. Now do I believe there should be waivers, yes. If someone has a legitiment threat on his/the family's life same day purchase can be authorized. These cases would be interviewed same day by 2 senior officers for the legitimancy of their cases. When legitimancy is decided you get a offical letter to take to the gun shop, which is verified by calling one of those 2 officers. Then you can buy the gun the same day. Now if sitting in the police office for 8 hours waiting for your turn to talk to the officers is to long for you then your case must not be worth enough to hear in the first place. I won't even get into the issue of training to use those weapons because anyone who works with firearms know's it takes a long time to become truely familiar with your weapon, grip, body position, trigger squeeze, breathing, follow through etc. Sometime's just having the weapon is enough to stop a crime.

Back to the original post, Philly has some good idea's, now to find someone with enough balls to impliment them. Screw public opinion and doing what's going to get you voted as prom king. Do what will piss people off but get the job done.
"I've taken the liberty of drafting your confession, you will be given a fair trial and then taken out back and shot."

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Not to long ago I heard a conversation in the local gun shop I think I should share.
Guy: Do you rent guns here?
Salesman: Sure do.
Guy: Great, I need one for about 3 days.

It's people like that where these gun laws are good. It keeps weapons out of the hands of this guy.



What kind of gun was he trying to get?

If it's a hunting rifle/shotgun, I could see a good reason why he might want to rent a gun.

If it's a handgun, I'd be a little more suspicious.

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A handgun, needless to say the look on the salesmans face was priceless. I wish I had a picture of it.



I can understand a guy renting a rifle/shotgun (flew in to town to go hunting with one of his buddies and didn't bring his rifle with him, etc....)

I can't really think of any good reasons to rent a handgun for 3 days.:S

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At this shop the handguns are only rented on their indoor range. You can't take it off to another range to shoot them. Theres even been a bunch of suicides with those range guns. They go in rent one walk out onto the range and then leave an unsightly stain on the floor and a hole in the ceiling. Hell I'm in California. You can't say the word gun without getting 20 people looking at you funny.
"I've taken the liberty of drafting your confession, you will be given a fair trial and then taken out back and shot."

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I can't really think of any good reasons to rent a handgun for 3 days.:S



To try out a particular model at the range to see if you want to buy it.

If you're already a felon, it's still illegal even to rent it.



It's the people intending to become felons that I'd worry about.

Every single felon was once a law abiding citizen (or law abiding non-citizen).

Every illegally owned weapon was once legal.
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It's the people intending to become felons that I'd worry about.



Eh, a reasonable fear.

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Every single felon was once a law abiding citizen (or law abiding non-citizen).

Every illegally owned weapon was once legal.




Every gun, legally owned or not was once a big slab of metal, I still don't see your point.

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It's the people intending to become felons that I'd worry about.



Eh, a reasonable fear.

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Every single felon was once a law abiding citizen (or law abiding non-citizen).

Every illegally owned weapon was once legal.




Every gun, legally owned or not was once a big slab of metal, I still don't see your point.



The point is simple - all the arguments about how bad it is to inconvenience law abiding citizens with legal guns, and whining "only outlaws will have guns", miss the point that many of these upright folks will become felons, and one way or another many legal guns to fall into the hands of criminals.

IMO the community of gun enthusiasts should do a little self-examination to see how to deal with these problems, otherwise sooner or later someone WILL do it for them.
...

The only sure way to survive a canopy collision is not to have one.

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many of these upright folks will become felons, and one way or another many legal guns to fall into the hands of criminals.



...and you have something to back up the assertion that many normal people become felons, and many guns fall into criminals' hands? Remember, there are around 80 million guns owners and 260 million guns in the USA.
(you should also keep in mind that most criminals are repeat offenders and most crime guns are used more than once)


Also, even if gun owners had perfect track record, and no gun owner sold his gun except to an FFL, and no legal gun were stolen, do you think that would have a large effect on the crime rate?

Have you forgotten that no country anywhere has been able to stop the black market from operating? Guns would still get into criminals' hands just like drugs, bootlegs, and everything else.
witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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The point is simple - all the arguments about how bad it is to inconvenience law abiding citizens with legal guns, and whining "only outlaws will have guns", miss the point that many of these upright folks will become felons, and one way or another many legal guns to fall into the hands of criminals.



Many of these upright folks will become felons regardless of whether or not they can get a gun. Guns don't make people criminals, people make their own choices to do such things. If you take legal guns out of the equation, you only have less people able to defend themselves (and easier targets), not less gun crime.

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IMO the community of gun enthusiasts should do a little self-examination to see how to deal with these problems, otherwise sooner or later someone WILL do it for them.



It doesn't matter if guns are banned. Criminals with guns are a constant, they will always be there. If put in a situation where citizens have to deal with these criminals, many would like the chance to defend themselves by using the most effective means possible.

I still don't see a valid argument in what your saying.

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Every single felon was once a law abiding citizen (or law abiding non-citizen).



You're right - we should commence a nationwide program of mandatory abortion of all pregnant women from this day forward, to ensure that we don't raise any more future felons in our midst.

You make a stupid comment, you get a stupid response.

You don't seem to have any problem explaining complex physics to students. So why is it that you have such a hard time explaining points when it comes to gun control? Why can't you just come right out and say what you mean?

If we should ban objects to responsible members of society, because some few people misuse them, then there is a very long list of things that no one would be allowed to own. Guns, cars, alcohol, prescription drugs, parachutes, power tools, gasoline, even model rocket motors. And I don't think you really want to do that. Not if you want to remain free.

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Every single felon was once a law abiding citizen (or law abiding non-citizen).



Are we sure?

One can become a felon, or at least ineligible to buy firearms before they are 18 or 21 as required.

It wouldn't surprise me to hear that a majority of people committing murder with a gun were never eligible to obtain one.

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Very good point.

Accepted facts about the "average" US criminal (index I)
- He started committing jailable offenses by 13 years of age
- He committed his first felony by fifteen years of age
- The worst offending year are between 16 and 19 years of age


You know, I really wonder now how many criminals who have used a gun in a crime were never eligible to own one in the first place.
witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
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