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View Diary: Who's really for gun safety? (227 comments)

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  •  Being completely wrong seems to be something (0+ / 0-)

    you enjoy being consistent about.

    •  This is the law in the US -- (2+ / 0-)

      Art. I., S. 8., C. 16.  The Congress shall have Power To provide for . . . ARMING . . . the Militia.

      The Congress.  Not the Executive, not the SC, not the NRA, not the gun industry, not domestic terrorists, not bullying and bullshitting law-illiterate gun-nuts.  The Congress.

      And this is how the Congress does so:

      Chap. LXV.--An Act providing Arms for the Militia throughout the United States.

        Section 1.  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be provided, at the charge and expense of the government of the United States, thirty thousand stand of arms, which shall be deposited by order of the President of the United States, at suitable places, for the purpose of being sold to the governments of the respective States, or the militia thereof, under such regulations, and at such prices as the President of the United States shall prescribe.
        Sec. 2.  And be it further enacted, That the President of the United States be, and he is hereby authorized to cause all or any part of the arms herein directed to be provided and deposited for sale, which shall, at any time, remain unsold, to be delivered to the militia, when called into the service of the United States, proper receipts and security being given for the return of the same.
        Sec. 3.  And be it further enacted, That the monies arising from such sales shall be paid into the treasury of the United States, and the amount received shall be annually reported to Congress.
        Sec. 4.  And be it further enacted, That for the purpose of carrying this act into effect, the President of the United States shall be, and he is hereby authorized to draw from the treasury of the United States, a [577] sum not exceeding four hundred thousand dollars, to be paid out of any money in the treasury not otherwise appropriated.
        Approved, July 6, 1798.

      The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845, Vol I. (Boston: Charles C. Little and James Brown, 1850), By Authority of Congress, Edited by Richard Peters, at 576.

      Again, being consistent:

      Chap. XLII.--An Act authorizing the sale of public Arms.

        Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby authorized to cause to be sold to individual states, which may wish to purchase, any arms now owned by the United States, and which may be parted with without injury to the public: Accounts of such sales shall be laid before Congress, and the money arising therefrom be, and the same is hereby appropriated, under the direction of the President of the United States, to the purchase or manufacture of other arms for the use of the United States: Provided, that such arms be not delivered to any state or their agents until the payment of the purchase money be first made into the treasury of the United States, in money or in the stock of the United States, at its value, as established by an act, intituled, "An act to repeal so much of any act or acts as authorize the receipt of evidences of the public debt, in payment for the lands of the United States, and for other purposes relative to the public debt."  Provided also, that this provision shall not extend to any purchase, not exceeding five thousand stand of arms, which shall be made by a state to which the United States by existing engagements are bound to pay a sum of money, equal to the amount of such purchase.
        Approved, April 2, 1808.

      The Public Statutes at Large of the United States of America, From the Organization of the Government in 1789, to March 3, 1845, Vol. II. (Boston: Charles C. Little and James Brown, 1845), By Authority of Congress, Edited by Richard Peters, at 481.

      And consistent with prior existing state law on exactly the same point, from which that Constitutional provision evolved:

      At a General Assembly begun and held at the Public Buildings in the City of Richmond, on Monday the 21st day of October, in the Year of our Lord 1782.

      Chap. XII.  

      An act for the recovery of arms and accoutrements belonging to the state.

      I.  Whereas sundry arms and accoutrements belonging to the public in the hands of individuals, who have neglected to return them to the proper officers; and it is necessary that such arms and accoutrements should be recovered as speedily as possible: Be it enacted, that the Governor do, on the passing of this act, issue his proclamation, enjoining all persons having in their possession any arms or accoutrements whatsoever, belonging to the state, to deliver them without delay to the Lieutenant or commanding officer of the county for the time being; and the sheriff of each county within this commonwealth, shall cause copies of the said proclamations, which shall be transmitted to him by the Executive, to be fixed up in the most public places in his county, and if after one month from such public notice having been given, any person possessing any such public arms or accoutrements, shall be convicted of having failed to deliver them up as aforesaid, such person shall, upon every such conviction, be liable to the penalty of twenty pounds, to be recovered by action of debt, bill, plaint, or information, in any court of record within this commonwealth, one half of which penalty shall go to the informer, on conviction of the offender, and the other half shall be applied in aid of the county levy where such offender shall reside.  And the Lieutenant, or commanding officer of each county, shall make returns from time to time, to the Executive, of all arms and accoutrements so delivered to him, and also deliver them to the order of the Executive, under the penalty, if he fail in all or any part of his duty, of fifty pounds, to be recovered as aforesaid, and applied in diminution of the county levy.  Provided always, that where muskets and bayonets have been by order of government placed in any county on eastern or western frontier for defence against incursions of the enemy, it shall be lawful for the Lieutenant or commanding officer to return such muskets and bayonets to the militia, taking a receipt from each person for what shall be so returned.

      A Collection of All Such Public Acts of the General Assembly, and Ordinances of the Conventions of Virginia, Passed since the year 1768, as are now in force; With a Table of the Principal Matters (Richmond: Thomas Nicolson and William Prentis, 1785); The First Laws of the State of Virginia (Wilmington, DE: Michael Glazier, Inc., "The First Laws of the Original Thirteen States," 1982), Compiled by John D. Cushing, at 176.

      This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

      by JJustin on Tue May 20, 2014 at 11:57:18 AM PDT

      [ Parent ]

      •  I suggest you show this wall of text to (0+ / 0-)

        the Supreme Court & President Obama who said in the 2008 primaries "There is an individual right to bear arms.".

        I'm certain they will be every bit as impressed as I am.

        Those who would sacrifice liberty for security deserve neither.

        by FrankRose on Tue May 20, 2014 at 12:07:04 PM PDT

        [ Parent ]

        •  Even you know your assertions are false. (1+ / 0-)
          Recommended by:
          i saw an old tree today

          Art. I., S. 8., C. 16.  The Congress shall have Power To provide for . . . ARMING . . . the Militia.

          The Congress.  Not the Executive, not the SC, not the NRA, not the gun industry, not domestic terrorists, not bullying and bullshitting law-illiterate gun-nuts.  The Congress.

          This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

          by JJustin on Tue May 20, 2014 at 01:28:31 PM PDT

          [ Parent ]

          •  That's correct. (0+ / 0-)

            And both the court & the President's interpretations are significantly more credible than your own.

            But do continue with the JJustin court.
            It never ceases to amuse.

            Those who would sacrifice liberty for security deserve neither.

            by FrankRose on Tue May 20, 2014 at 02:43:41 PM PDT

            [ Parent ]

            •  The SC is neither the equal of nor superior to (5+ / 0-)

              the Constitution.

              This is the Constitution:

              Art. I., S. 8., C. 16.  The Congress shall have Power To provide for . . . ARMING . . . the Militia.

              Your fidelity to the rule of law is your effort to circumvent it be resorting to irrelevant English law.

              And, of course, you embrace Dred Scott, Bush v. Gore and Citizens United.

              But reject the half of Heller that correctly holds that gun control is Constitutional -- contrary to the fact that the Founders/Framers engaged in every degree of gun control, including "gun-grabbing":

              An Ordinance Respecting the Arms of Non-Associators.

                Whereas the non-associators in this state have either refused or neglected to deliver up their arms according to the resolves of the honorable Continental Congress and the assembly of Pennsylvania, and effectual measures have not been taken to carry the said resolves into execution:
                [Section I.]  Be it therefore ordained by the authority of this Convention, That the colonel or next officer in command of every band of militia in this state is hereby authorized, empowered and required to collect, receive and take all the arms in his district or township nearest to such officer which are in the hands of non-associators in the most expeditious and effectual manner in his power, and shall give to the owners receipts for such arms, specifying the amount of the appraisement; and such as can be repaired shall with all possible dispatch be rendered fit for service, and the value according to the appraisement of all such arms, together with the repairs and transportation, shall be paid to the officers by the treasurer on the order of the council of safety for the use of the owners and defraying the charges.
                [Section II.]  And be it further ordained, That the same arms shall be appraised by any three reputable freeholders appointed by the commanding officer; but if the owner of any arms shall neglect or refuse to apply for such money within six months the same shall be applied towards the repairs of the arms; and the colonels are hereby authorized to draw for the necessary sums of money for the purposes aforesaid on the council of safety.
                [Section III.]  And it is further ordained, That the colonels aforesaid shall arm the associators with the said arms and keep an account to whom they are delivered and return the same to the council of safety; and every associator shall be answerable for such ares of the value unless lost or destroyed by some unavoidable accident or in actual service.
                [Section IV.]  And be it further ordained, That in case any arms so collected shall not be worth repairing, the same shall be laid by until such time as may be thought proper by the committee of the county to return them to the owners.  

              Passed July 19, 1776.

               

              Statutes at Large of the State of Pennsylvania, Vol. IX.

              This is the country of those three great rights: freedom of conscience, freedom of speech, and the wisdom never to exercise either of them. -- Mark Twain.

              by JJustin on Tue May 20, 2014 at 04:44:51 PM PDT

              [ Parent ]

      •  This is very interesting history (1+ / 0-)
        Recommended by:
        i saw an old tree today

        Thank you.

        A diary or three would be nice.

        "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

        by LilithGardener on Tue May 20, 2014 at 05:56:11 PM PDT

        [ Parent ]

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