Draft Letter to Rep. Kevin Brady w/enclosure

[Shoot_First]

Thanks to all for your comments.

[MoJo]

I like it! Especially the part that any State that does not accept the provisions gets no Federal funding for training police, fire and EMT.

[Reloader]

I think he will reply in the affirmative..

[RPB]

I'm a little confused.

Just read the "Guns Enclosure Doc."

First issue: limiting peoples rights to defend themselves by any means necessary within their home:

Would defensive knife blade length be limited inside the home too?
If not, why limit how long a barrel can be for a person using any defensive weapon inside their own home?

So the Calico pistols and carbines which ONLY use 100 and 50 round magazines ... that American company goes out of business? What about those previously sold to people here? and the 40 and 52 round SKS magazines ... ?

Second issue:
I'm not seeing how this allows me to defend myself on United States U.S. Army Corps of Engineers RECREATIONAL property where TEXAS Parks and Wildlife pays to stock the lakes with fish for me with my money, and my taxes are used to maintain those properties, where bobcats, venomous snakes, rabid skunks etc want to bite me while I am fishing, kayaking etc.

I guess I'm asking, why would I support this which makes me get rid of stuff I own, paid thousands of dollars for, but gives me no benefit of recognizing my third/second amendment individual right of self defense, but instead tries to limit what tools I use and where?

Third issue:

The "uses connected with being a member of the militia" language almost perpetuates an old misunderstanding of the Second Amendment taken out of context.
The generic "uses for self defense" should be enough. (If you want to mention militia at all, you'd need to word it "uses connected with defending against an armed militia") to reflect the legislative history of the Third and Second Amendments.
(REMEMBER: the Third and Second Amendments were written just after Armed British Soldiers, a militia, forced property owners to feed and house armed soldiers, without consent by the property owners)
The "without the consent of the owner" language in the Third Amendment makes it clear that "the owner" (the People) and the "armed soldiers/militia" are two separate entities.
The second Amendment is to protect "the People" from the "militia" ... in other words, to assure "consent" is genuine in the Third Amendment, rather than a decision made under duress..
So, the Second, taken with the Third (written about 45 minutes later and on their minds while writing the Second) must be considered together as "an individual's right to self defense" but not just against an armed militia .... suppose they tied you to a stake with a hungry bear nearby in a pit of snakes with a rabid skunk and bobcat and wild boar to shred you.
The right to defend ones self isn't "given" by the Constitution, but recognized by it.
ANY limitation on that unalienable right is unacceptable.
(What I mean is, just say "self defense" if you want to bring up "militia" you'd need to say "defense against a militia. armed soldiers" rather than "being a member of"

Do not suggest that I only "need" a 5" kitchen knife for home defense when I might desire a 7" knife for home defense because more "thick (fat) people" live in my neighborhood...

instead, make the "fat criminals" jog and lose weight if you want to regulate people, but do not try to regulate my right to use a 7" knife instead of a 5" knife inside my own home to defend myself, which RIGHT wasn't given to me by ANY government in the first place.
Same logic applies with a 50 round and/or 100 round "standard sized magazine" Calico pistol.
Who are you to say what people may or may not use to defend themselves if you aren't reimbursing $1,500.00 spent for a pistol and $150 for each spare mag? (Now you're getting into peoples deprivation/seizure of "property rights" and "due process" under the fifth amendment, as well as "Commerce" by driving an American manufacturing company out of business)

MADE IN USA (Used price about $899.00 plus $150 for the 50 round (smallest capacity) mag at a local pawn shop) (the 100 round hi-cap mag costs about $180.00 but the "standard, lowest capacity 50 round mag" is cheaper)

[RPB]

I'll re-read it.

[billv]

I couple of constructive comments:

1) it mainly is about pistols and barely mentions rifles and shotguns. What about those? The repeal of the various laws affects those too.
2) magazine capacity issue - are existing magazines that do not meet the requirement banned or grandfathered?
3) what happens to my CHL if I move between states? Is there a grace period to get a new one issued in the new state? What if I'm a contract worker that moves frequently (for example traveling nurses) and so will never meet the 6 month residency requirement? What about address changes?
4) is the CHL tied to one driver's license?
5) is there a minimum amount of hours that need to spent the classroom? Of can I just take the test if I'm able to pass it?
6) for qualification, if I fire 50 rounds and count less the 50 holes in the target, what do I assume about the missing holes? I missed the target or they passed through other holes?
7) if the CHL instructor determines that I'm not safe or don't have enough knowledge of firearm safety, but still pass the both the written and shooting test, can he still fail me?
8) for yearly proficiency testing, can I do that in any state or only my home state? What if I'm out of the country for an extended period of time - perhaps several months?
9) I noticed reference to "LEO", spell it out.
10) it would be nice to be able to conceal carry in a post office at least in the front part of the area dealing with customers.
11) Carrying to work - I don't drive to work but take a bus or vanpool. I can't take my firearm while transporting to/from work. Simply require employers to provide secure lockers for all CHL holders, not just those that drive to work. What if I conceal carry and walk to a business that prohibits carry? Better, prohibit them from banning my carry (I feel that they are infringing on my civil right to carry as specified in 2A).
12) if the LEO disarms me, who makes the weapon safe? I've seen LEO's rack the slide and then drop the magazine, leaving one in the chamber.

Please don't consider this criticism, but some things to think about.

[RPB]

That all firearms manufactured within or imported into the United States must be appropriate for use in all traditional and generally recognized sporting purposes such as hunting, target shooting, marksmanship competition, and the national matches and the local, state, and regional matches that precede the national events; for the personal defense of self and/or family members, home, and property; and for use as an individual member of a militia

??? I"m guessing you meant:
and defense against a militia (to conform with the intent of the third and second amendments, remember we drafted them after being forced, without our "consent" to house and feed armed British soldiers, so we drafted those two amendments)

for the personal defense of self and/or family members, home, and property;
So we can't defend visitors, fellow church members, faculty can't defend students, defense of "third persons"?


Wording ... when did self-defense become a sport? (except the Roman gladiators etc)


I'm not into "sports"

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(a)Specific Provisions:
(1)That the barrel length of rifles and shotguns manufactured within or imported into the United States shall be uniformly established as not less than 16 inches.

So if one is cut say 10" for home defense, like a Serbu Shorty, can the BATF pull a "Ruby Ridge" and execute your family and dog again? That quarter inch of metal between 17-3/4" and 18" made that guy's family and dog dangerous enough to need killin' I guess.. http://en.wikipedia.org/wiki/Randy_Weaver" onclick="window.open(this.href);return false;
http://en.wikipedia.org/wiki/Ruby_Ridge" onclick="window.open(this.href);return false; (overall length of the guns shorter than the legal limit set by federal law.)

; and that the total capacity of a semi-automatic pistol magazine shall not in any case exceed twenty (20) rounds of ammunition.

So the 4-h club, YMCA, church youth group, and other groups using the hi cap "sporting" range magazines need to stop, or they'll "need killin" by the BATF too? Perhaps they'll need a bus they can all get burned alive in like in Waco? Darn. we just baptized some of those kids.
And just run Calico firearms out of business and confiscate peoples guns and magazines without compensation of the thousands of dollars they spent for their home defense weapons?

I'm just not seeing a lot of "good" in this yet, I'll keep looking though.

[RPB]

Child support is a criteria again? (Not that I care, but some deadbeat dad whose life is in danger might)
Tax delinquency determines recognition of unalienable rights?

Federal control over State police agencies determining expiration, costs etc of STATE ISSUED licenses?
It's still confusing about "district of Columbia" and "state law" ....
I now understand that is ONLY to apply to the District of Columbia?
There are some good portions in it.
Just pointing out portions I think would have trouble being accepted and would keep it from passing as it is drafted.

[RPB]

I'm still lost with the D.C and State references. I don't care what D.C. residents decide to do if it affects only D.C., but trying to exercise control over rights reserved to States and Individuals is not something I hired any Fed to do.

Suggesting various differences in how they "should" exercise control over "unalienable" rights they have no authority to regulate in the first place .... just seems confusing.

Suggesting various "criteria" they "should" control concerning rights they have no authority to control nor regulate to begin with is confusing and preposterous.

I have no desire for "sports, sporting guns, killing cute animals" even "clay pigeons" have a right to live

[jmra]

I'll let the other guys pick this thing apart. I didn't need to read any further than "which balances the pro-gun and anti-gun positions on firearm use in our Nation".

You will never find common ground with those who wish to disarm you. The only way you will get progun legislation passed is to out vote the anti's. Knowing that, why give any ground? Just doesn't make any sense to me. Why try to appease the anti's when they won't vote for it anyway?

[Shoot_First]

I have edited my OP to add a revised draft letter, a revised draft enclosure, and my response to posts made my RPB, billv, and jmra.

[firefighter3217]

I like most of what I see. There are a few nitpicky things I saw, but at the same time, I also realize that we do need to give some to get some... Honestly, the fact that you're being this proactive is a huge leap in the right direction for our community as CHLs as a whole. You can tell Mr. Brady that even though I'm not in district 8 I'd support this proposed legislation.

[flintknapper]

I didn't read the links...because I am assuming they are the same ones you sent me via Email, so you already know where I stand on it.

I see a lot of problems with it.....I'll be plain.

It is your right to send anything you like, but I guess I don't understand why you are doing this?

As concerns the issue of magazine capacity, NO....we are NOT giving up anything (to get something) and certainly not by means of trickery (which would not work as you proposed anyway).

[Shoot_First]

Thanks to some excellent feedback the letter and its enclosure are just about in final form and they are much changed from where I started.