Why "Universal Background Checks" are Pointless and Will do Nothing to Stop any Crime.

Recently the anti firearms group Moms Demand Action, part of Everytown for Gun Safety (both funded by Bloomberg) have been in full press mode in several states. One of those states being Florida where I live.

They have of course been pushing for any kind of anti firearms legislation they can get but in Florida they say all they want is “universal background checks”. Well let’s address that very issue with some interesting myths verse facts. You know those things you can verify and check to see if they are true are called facts, those things that are just made up by someone can be a myth (or an outright lie depending on intention).

First myth, you can by a firearm over the internet without a background check. The answer is actually yes, and no. What it really boils down to is who you buy it from and where the seller and buyer live.

If the buyer and seller live in different states then you must go through a FFL (licensed to sell guns, and requires a background check to transfer it). This is from the ATF website FAQ:

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at http://www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html.

https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

If the seller is a FFL (regardless of location) then you have to have it shipped to a local FFL holder and a background check must be run.

If the seller and buyer are in the same state and are not FFL’s then you can buy it without a background check, BUT, if you sell a firearm to someone who lives in your state you are responsible for knowing they are not a prohibited person. This is federal law:

“18 U.S.C. § 922(d) makes it unlawful to sell or otherwise dispose of firearms or ammunition to any person who is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.”

https://www.atf.gov/firearms/identify-prohibited-persons

If you do sell to a prohibited person, you not only violate federal laws but most of the time also violate state laws and they are serious crimes and felonies.

Second myth: Criminals get guns from Gun Shows or Private sales. This also is true and false, except that the numbers that get them from these transaction is less than you think and most criminals get them from illegal transactions.

The Bureau of Justice Statistics, Survey of Prison Inmates from 2016, a survey of over 1.3 million prisoners in US Prison found some very interesting facts. Only 1.2% of ALL prisoners who used a firearm in a crime got them from a “flea market” or “gun show”. That supposed “gun show loophole”. Now of that number we do not know how many required a background check since the majority of sellers at those locations are FFL (licensed and required to run background checks on sales) holders. What is really eye opening in the study was that 85.9% of criminals reported getting the firearms from illegal means. 9.1% got them legally and had background checks run.

So what this all basically says is that criminals either get the guns illegally or legally, but background checks did not stop any of the hundreds of thousands from committing a crime with the firearm.

So what would requiring private sales do to help curb crime? nothing of course. Criminals will just get the firearms through illegal means. What will requiring these background checks do to those that follow the law? It will just make it harder and more costly for them to acquire a firearms for self defense. What most who support UBC’s (Universal Background Checks) do not even think about (or worse do not care) is that the segment of society that are the most preyed upon by criminals and who need self protection the most are the lower income, sometimes minority groups. So by placing additional cost of background checks and making private sales (which are sometimes cheaper) out of their reach the proponents of UBCs are actually hurting the most vulnerable demographic section of society.

Now of course this does not take into account that they are trying to place more restrictions on a Constitutionally protected right. The one and only in the Bill of Rights that has the words “Shall not be Infringed” as the emphasis in it.

So to all of those out there that support Universal Background Checks you may want to rethink your priorities. It is kind of like the people that want to ban those nasty scary assault rifles. Those kill far fewer people each year than even hands and feet (The Ban Assault Rifle Movement is Misled, Lied to and Down Right Manipulated), yet there is such an outcry about them. It all comes from an ignorance of the subject matter. Maybe we should be looking at those things that cause violence and mental health issues in our society. Maybe we should use actual research and numbers to direct our efforts.

So to Moms Demand Action, Everytown for Gun Safety and Michael Bloomberg and the like, you really are misinformed and misdirected. Maybe just maybe you might think abot those you are going to hurt the most, law abiding citizens who want nothing more than be left alone and defend themselves, and those you will affect the least, criminals.

When Law Enforcement say They will not Enforce Unconstitutional Laws..

The Virginia Democrats try to change a law to fire them for following their oath of office protecting the Constitution, Oh and outlaw any type of training to protect your rights or yourself.

There has been a lot of coverage in the social media world (very little on the mass media of course) of the newly elected Democratic Governor and Legislature in Virginia announcing that they would be moving full steam ahead with sweeping firearms laws that would turn millions of Virginia residents into criminals for simply possessing certain common firearms. This push seems to be being led by the newly elected Governor Ralph Northam.

From a Reuters report: “

“They want us to finally pass commonsense gun safety legislation, so no one has to fear being hurt or killed while at school, at work, or at their place of worship,” Northam said hours after the election results. “I look forward to working with our new Democratic majority to make these priorities a reality.”

The legislature will take on several proposals, including banning assault-style rifles and high-capacity magazines and raising the minimum age to 21 from 18 to buy a rifle or shotgun, said Dick Saslaw, the top Democrat in the state Senate.”

What they had not planned on was the overwhelming anger and reaction of the people of Virginia, and especially the county Sheriff’s and County Commissions.

The on November 21st, 2019 a Virginia Senator filed Bill 64 wants to make it illegal and a felony for anyone that:

“Teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or incendiary device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that such training will be employed for use in, or in furtherance of, a civil disorder”.

Now I don’t know about you but I teach firearms to citizens. And how am I supposed to know what they are going to use that training for? The thought police are alive and well in Virginia!

As of the writing of this article there were more than 70 counties and cities that had voted on resolutions that they are calling “Second Amendment Sanctuary” status. Whats does this mean? Well collectively they are stating that they will refuse to enforce any more 2nd Amendment restrictions that they feel are in violation of the Second Amendment of the Bill of Rights, of the U.S. Constitution. Now I could debate that this is a bit late and long overdue. That if they are truly declaring this and mean it are they going to stop enforcing the current violations of the second amendment, but that is another whole article worth of thoughts.

In response to this growing trend of resistance to any new restrictions or laws, the Virginia Governor Ralph Northam came out swinging with threats to those sayign they would resist these laws, even if they thought them unconstitutional;

“If we have constitutional laws on the books and law enforcement officers are not enforcing those laws on the books, then there are going to be some consequences but I’ll cross that bridge if and when we get to it,” Northam said. “

Well that was not well received of course, but then a Virginia representative really doubled down by basically recommending that the Governor use the Virginia National Guard to force compliance:

“And ultimately, I’m not the governor, but the governor may have to nationalize the National Guard to enforce the law,” Rep. Donald McEachin said. “That’s his call, because I don’t know how serious these counties are and how severe the violations of law will be. But that’s obviously an option he has.”

Now that was enough to send some into calling for armed resistance, the start of the next civil war and debates on if the national guard would even follow any such order to use possible force on the very citizens they are sworn to protect. But then Maj. Gen. Timothy P. Williams, the Adjutant General of VA stepped up and posted a response to the representatives statement by posting on Twitter (taking a play out of the Presidents playbook?):

Many think the tweet says that the VA National Guard would be willing to take action. I do not see that said anywhere, what I do see is the very obvious omission of any mention that the VA National Guard taking any side and no mention of response to the Representatives call.

So the big question is really how far will this go? Well the VA Democratic controlled Legislature decided to push the situation to an even higher level of anger and threats by filing Bill 67 in the legislature that would result in any law enforcement officer, Sheriff, or other public employee who refuses to enforce what they felt was an unconstitutional law (following the very oath of office they took) being fired and not able to be employed as such for at least 12 months.

So what does this all mean? Well Virginians elected a Democratic majority and a Democratic Governor and now are seeing exactly what that can mean for rights. We do not have the electoral college at the state level and this is what happens when highly populated dense areas are able to outvote all the other areas in a state and force upon the rest of the citizens the views that do not apply to them or the rest of the state. Elections have consequences. Turnout is key and the Republican turnout did not help in this state.

So what is going to happen in Virginia? Will the state legislature pass these obviously unconstitutional laws? And will the local county and city elected officials decide they are not going to enforce those new laws? If so will the Virginia government decide to try and fire all those law enforcement and county city officials who say no more restrictions? Or will the Governor of Virginia force the issue by employing the National Guard to try and use force against the very citizens they are sworn to protect and defend from unconstitutional enemies? That could result in armed conflict. If that happens will it spread to other places and outside Virginia? Could this be the spark that ignites the next American Civil War?

I think that people are beginning to see that our Constitutionally protected rights (they do not come from the Bill of Rights or Constitution, they are protected by it and restrict the Government from infringing on them) and they are tired of seeing more and more limitations being placed on rights.

Think about this for a second, only one right in the entire Bill of Rights includes the words “shall not be infringed”. There is a very good reason for that. The citizens were supposed to be able to have the same weapons as the standing army so that should it become necessary they could fight that standing army or the agents of the government to take it back and re-institute that Government of the People, by the People and for the People that our forefathers fought a war to establish and many have died to defend. Is it time again to feed the tree of liberty? #boogaloo

I would be very interested in your thoughts on the legislation, the stance of the people and where you think we are headed.

Newsweek Outright Lies to the American People about Firearms Deaths!

Why am I not surprised that another supposed “news” source would publish a article “STUDY: U.S. GUN DEATHS SURGE, EXCEPT FOR TWO STATES WITH RESTRICTIVE GUN LAWS – BY ASHER STOCKLER ON 10/8/19” that is not only full of falsehoods, but the headline itself is an outright lie.

Is it any surprise that the American people no longer trust “news” sources like Newsweek? When supposed news sources publish such blatant lies about a topic rather than take 5 minutes to actually research reliable sources, you get results like this:

Screen grab from Newsweek.com

Now if you read that headline you would think they at least were telling you the truth. But would it surprise you if I told you that according to the FBI “2018 Crime in the United States” firearms murders went down the last two years? Firearms murders have decreased since 2016. 2018 was lower again from 2017. So why would Newsweek want to mislead or lie to the American public? Well of course we know why, they want to influence the public into thinking there is a “surge” or “epidemic” or “crisis”. When in reality the only one of those is in the minds of those who manufacture these claims.

From: FBI “2018 Crime in the United States” report.

According to the FBI homicide data, murder over all is down again also in the US. That’s great news so why not share that good news? Isn’t murder being down a good thing? Oh that’s right if they admitted that it would make things like “gun control” the “assault weapons ban” and other things pointless. Well they are pointless.

Here is the homicide rate per 100,000 people in the US over the last 48 years. Notice anything? You can easily see that the Murder rate was much higher from about 1998 and prior. After the rate started dropping in the nineties it has stayed pretty stable until about 2008 when it dropped a little more. With the mass murder in 2016 it climbed but still not to previous levels. And now it has dropped again to 5 murders per 100K like it was back in 2009. Again it is still far lower than in the past prior to 1999.

Graphic by Down Range with Chris Wagoner. (chriswagoner.us)

So one has to also consider this. We are a nation of 350+ MILLION people. And a nation with hundreds of millions of firearms, some estimates are even more firearms than people. If firearms were the issue would we not have far more firearms murders than 10,265 out of 350+ MILLION people with all those firearms in the US? Of course we would. This is a very simple way of showing it is not the inanimate object that is a problem, but the person behind it. Just like it is the driver behind the wheel of a car driving DUI and not the car. It is obvious when you see that “hands and feet”, “Blunt objects” like clubs and hammers, and even “knives and cutting instruments” are used to murder far more people than those “assault rifles” that many say are the biggest threat to people these days.

So to Newsweek I make this challenge, if you want to put anyone up for a debate live online, I will gladly take you up on ti. Subject? The real numbers behind firearms, murder and fake crisis you are trying to manufacture.

I know they won’t take me up on it, but it’s fun to hope! Stay safe out there.

The Ban Assault Rifle Movement is Misled, Lied to and Down Right Manipulated.

Actually the whole anti-firearms movement is.

After finishing reading the new 2018 FBI report “2018 Crime in the United States” I am not surprised to find that crime is still down, murders are still down and those who are fighting tooth and nail to ban “assault rifles” are just plain uninformed. They are allowing themselves to be manipulated by a few powerful people with agendas.

When one of these folks claims that the deaths by these “weapons of war” is a crisis and needs to be dealt with now, one simple question should be all that is needed to show how poorly informed they are. Ask any of them, “How many people died from being shot with a rifle in 2018, and how many died by being beaten to death by hands and feet? If they can’t answer that simple question they are just repeating things they have heard the leaders of the anti-rights groups say.

When dealing with those poor misinformed and misled folks, be kind and point out to them that they are in need of education. Give them the link, hand them the report, or point out to them the reality of the numbers. Numbers that do not bear up the hysteria of the assault weapons ban folks.

First rifles (that’s all rifle kinds together not just “assault rifles”) are one of the lessor used firearms to murder people. What the above chart does not show is that the FBI reports 297 cases where criminals were shot lawfully while citizens defended themselves. That’s right more people are documented in the report having killed criminals than people were killed with rifles.

Also important to note is that knives or sharp objects, hands and feet and blunt objects all killed more people than rifles of all kinds did. Why are these people not trying to ban those things? Because they have been lied to and told that rifles kill thousands of people each year.

Murder is down from 2016 and 2017 in 2018. If you look at the rate of murder in the US per 100K people you get the idea we are actually pretty low and on a even trend over the last 10 years and far below the rate back in the 90’s and before. But we have a crisis?

When you are discussing the firearms rights issue or murder problem in the US, just ask them for numbers. They can’t or won’t say them because if they do, they lose all of the reasoning for the entire movement.

Sorry anti-firearms rifle folks, and especially sorry to all those that have fallen for the lies and misleading statements form those who want to restrict your rights even more. They do not have anything to stand on other than emotions.

I welcome any of them to a debate on these topics. But be warned I deal in reality and facts, not lies and emotions.

Florida House Bill 175, Needs a Fair Hearing!

FLORIDA LEGISLATIVE ALERT! OUR RIGHTS NEED YOUR VOICE!

Fla House Bill 175 (HB 175) – Repealing provision of Chapter 790 relating to seizure of firearms because of disability, repealing the 21-year-old age limit for purchase of firearms (including rifles), defining “handgun” and repealing the waiting period for purchase of long guns, repealing the “bump fire stock ban, and repeals the “risk protection orders” seizure of firearms.

HB 175 has been assigned to committees for hearing and review. Yesterday afternoon (01/16/2017) HB 175 by Rep. Hill and Sabatini was referred to the following committees: Criminal Justice Subcommittee, Justice Appropriations Subcommittee, Judiciary Committee. While it has not been scheduled for any hearings yet, if you are a firearms rights and Constitutional supporter you should support this Bill. It is time to make your voices heard. This Bill needs to be scheduled for hearings and a committee vote.

The Chairs of each committee decide what Bills get heard, and they can stop a Bill dead in its tracks by simply ignoring it. If they do not take it up for hearing, it dies a quiet death. We want this Bill to be heard and we need to make sure they know it has support from the law-abiding firearms owners of Florida.

Please take a few minutes in the next couple of days to email or call the Chair of the Criminal Justice Subcommittee, Rep. James “J.W.” Grant and Vice Chair Rep. Stan McClain and tell them to put the Bill up for hearing and a vote and that you, a law-abiding citizen of Florida support it! They have a meeting scheduled Jan 23rd, 2019 but the Bill is not on the agenda yet. Let’s see if we can get that changed!

Emails: James “J.W.” Grant – james.grant@myfloridahouse.gov  

Twitter: @JamesGrantFl, Phone: (850) 717-5064

                Stan McClain – stan.mcclain@myfloridahouse.gov  Twitter: @RepMcClain, Phone: (850) 717-5023

While many of us feel very strongly about the Unconstitutional issues this Bill would fix, please be respectful and concise when emailing to them. We want them to be on our side, not against it.

In the Subject line, please include “Support HB 175” as part of your subject.

If you happen to be on Twitter I also use it at @CmdrCW, but I may not be as tolerant of the anti-rights people there as I am here. 😉  

My Fellow Americans, have we come to a crossroad yet again?

We must take an honest look at where we are and where we may be heading in order to make sure that our country does not collapse around us, and become that very thing many Americans have fought and died so selflessly to prevent.

Many valiant Americans have fought both on American soil, in the formative years of our country, and during conflicts many thousands of miles away, to prevent the loss of the very freedoms that our country was founded to ensure for “we the people”. Shall we allow the very fabric of that to be torn and thrown to the winds to go where it may fall? I pray not.

I feel we are coming to a crossroads again in our country. We have come to these before, during the Revolution, during the Civil War, and during the wars that enveloped most of the world, and we have endured. All fought to preserve the United States in the form that would stand the test of time. All fought by brave Americans who believed that they were standing up for something bigger than themselves, something so important that their lives were put on hold, they traveled away from family, and some paid the ultimate sacrifice of their very lives. What could hold that type of meaning to an American?

I say to you that it is that very thing, FREEDOM, that is what they and many before and now hold so dear. We grasp at it, cherish it, and yearn for it because we know that without it, we are not truly Americans but may as well be part of the very countries subjects we fought to win our freedoms from.

True Americans believe reverently in those iconic words written by Thomas Jefferson so many years ago, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. This was such an important part of why we became the country that we are they wrote those very words down when declaring their independence from others! We fought a war amongst ourselves, and hundreds of thousands of Americans died, fighting to make all men free and citizens. Racism has no place in America that I see. ALL are created equal, and all have the rights we share.

But the meaning of that word that was so important to our founders seems to be losing it’s meaning and it’s worth to many today. And therefore, we find ourselves at the crossroads today. What is freedom and what did it mean, and should it mean to us today? Should it mean anything different than it did to Jefferson, Adams, Washington and the rest? I say NO! It is no different now than before and, in the future, that none can see, it should be the same.

A citizen is free because they are just that a citizen. As those wise Americans said, EVERY citizen must be able to pursue life, liberty, and happiness. And as long as those things do not harm or restrict another’s same rights, it is then an individual thing, this freedom we have. This is where many today fail to see what freedom really meant then and should mean now.

Freedom is that choice of choosing between what is right and what is wrong. Choose wrongly and you may have consequences, some of which could be forever and affect you for the rest of your life. Who decides what is right and wrong? That is already set in the fabric of our founding documents, and our Basic principles as outlined in our Constitution.

Freedom was so important to our countries founders they codified it in our most precious of founding documents, the Constitution of the United States of America. They felt that freedoms all citizens should share were so important that they listed some that they did not even want the very government they were forming to be able to take away. This became known as the Bill of Rights. Many today have never even read this iconic document, yet they call for it to be changed because it is “outdated” or “does not apply” to today’s America. I say to them you are ignorant of the meaning of the document and its entire purpose. I say that you who think that way are not only wrong, but the very kind of threat that the authors were worried about rising up in this great nation and made that very document to stand against.

We have the freedom to choose. We have the freedom to decide our own fates. We have the “Bill of Rights”. No more should one desire to give up their rights than their very lives. As without those rights are our lives any better or for the worse? The founders wrote in the preamble to the Bill of rights these very telling words: “The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added…” declaring that they wanted to make sure that the Government DID NOT restrict the very thing they were voting on and passed, the rights of the citizens.

So how have we drifted so far away from where we were to where we are today that one may strip the rights from this group or that? By the use of the courts and the controlling parties. America was meant to be a land of the free. A land where citizens ruled themselves and when they had common interest the Government could aid them not restrict them. The Government was established to help make the United States stronger, not more divided, to make the country wealthier not poorer. We have lost the vision of our founders.

I say to you that we are free Americans. We have basic rights that the Constitution does not create but were given to us at the beginning of time, and are PROTECTED by the Constitution. Lest we allow those rights to be given away and restricted by the very government we the people founded we must decide what road we take.

We must choose carefully. If we give up one right what is to stop the rest from falling along with it. Do we want a Government that is all powerful? One that can disregard the rights we have now and say enter you home whenever they wish? Maybe incarcerate you for a crime without a trial of your peers? How about seizing your property or land because they think that they are better stewards of it? And of course one that is hotly debated today, the right to defending yourself and your family and property from lawless criminals.

Do we become that country of the subjects to a government that is our provider of all or do we work to become that country that the citizens work to provide for themselves and have the right to become whatever they wish and can achieve? I say the later.

I will leave you with this. Freedom is never pretty or safe. It has always had its dangers and perils. Yet it is the very reason we are here where we are and in this wonderful country we are part of, the United States of America. My ancestors came here and fought to free this country. Some of them fought to maintain it, and in the future should it become necessary we must be willing to defend it again. Freedom is not safe, it should not be, it should be hard fought and cherished like the prize that it is.

God Bless you and keep you safe, may he watch over you and your family. God Bless the United States of America.

By Chris Wagoner