On Jul 13, 7:23 am, MarkA <nob...@nowhere.invalid> wrote:
>
>
> On Thu, 12 Jul 2012 15:13:58 -0700, JohnJohnsn wrote:
>> Ah, yes: the old "ignore the federal laws taking precidence over state
>> laws and only discuss the state laws" gambit.
>
>> It was expected; seeing as how you try it at every opportunity.
>
> Clearly, you are more familiar with federal gun laws than the federal
> prosecutors are.
>
Based on what you posted below, I'm beginning to think that very
thought.
>
> You may want to call the USAG office, and inform them.
>
Naa; experience has proven that once they get that "JD" behind their
names they become untrainable.
>
> They probably still believe the myth that US citizens have the right to
> buy guns.
>
Yet another "goal post move" there, Marky.
>
>>> Like, you have to be able to prove you're 18 before you can buy 20
>>> or more assault rifles at a time?
>
>> Yet another "goal post move" there, Marky (see below).
>
> Heh. See above.
>
Already noted, Marky.
>
>>> Then, how long do you have to keep them before you resell them, Johnny?
>>> Oh, that's right, you can resell them any time you like, can't you?
>
>> Marky; you've already had your ass kicked over that falsehood so badly
>> that your hemorrhoids are probably hanging down to your knees.
>
>> Yet you trot it out for yet another ass kicking.
>
>> You're a masochist, as well as a Liberal; aren't you.
>
>> Sic `im, RD! <chuckle> ;D
>
> Heh. See above.
>
>"For prosecutors, straw-purchasing cases were hard to prove and
> unrewarding to prosecute, with minimal penalties attached. In December
> 2010, five U.S. Attorneys along the Southwest border, including Burke in
> Arizona, wrote to the U.S. Sentencing Commission, asking that penalties
> for straw purchasing be increased. The commission did increase the
> recommended jail time by a few months. But because the straw purchasers,
> by definition, have no criminal record and there is no firearms-trafficking
> statute that would allow prosecutors to charge them with conspiracy as
> a group, the penalties remain low."
>
Gee, Marky; SOMEONE need to explain to these so-called "experts" that
under federal law, it takes only two people being involved to
establish a prosecutable case of Conspiracy; so that could _easily_ be
the one making the "strawman purchase" and the one for who the
"strawman" was _making_ the purchase. No need whatsoever to try to
establish a "gun-trafficking" scenario; and the punishment for
Conspiracy is far greater than for the mere "strawman purchase."
This is not new, as in California the Penal Code provides that while a
crime unto itself may be a misdemeanor, two people conspiring to
commit the misdemannor are committing a _felony_ with that conspiracy.
You missed the key phrase in your unattributed "quote," Makry:
"...DIFFICULT TO PROVE AND UNREWARDING TO PROSECUTE..."
[EMPHASIS added]
In the twenty-plus years I was in law enforcement I had to deal with
all-too-many _lazy_ prosecutors who were unwilling to take on
"difficult-to-prove" cases, as if they blew the prosecution, it made
their Conviction Rate numbers go down; and this was a blow to their
personal and/or professional egos that they were unwilling to suffer.
I had a case one with a four-time DWI offender wherein I filed the
case as a felony (3rd time ups the offense level), only to have the
ADA call me to come in and rewrite the paperwork to make the filing a
misdemeanor, as they couldn't "prove" that the previous convictions
were _actually_ his (No: I kid you not one bit!).
When I asked them if the county jail's bookin fingerprints and photos
weren't sufficient proof, he stammered, then just repeated that the
case was to be prosecuted as a misdemeanor.
DAs and ADAs, and apparently USAs and AUSAs are just as lazy as their
state/county counterparts.
Oh;, and BTW; I later learned the _true_ reason they wouldn't go with
the felony charge: if convicted of the felony, he would go to the
state pen instead of the county jail, and then the DA's office
couldn't collect all the subsequent Probation Fees for the YEARS of
probation which followed his _short_ jail stay.
>
> I know you probably can't read that much all at once, but the important
> sentence is right there at the beginning: straw purchasing cases are hard
> to prove and unrewarding to prosecute.
>
I did (see above).
>
>>> Or, as the ATF agent replied, when the FBI agent asked when they were
>>> going to stop people from buying car loads of guns: Tell me what law
>>> they're breaking, and I'll be glad to arrest them!
>
>> Without a verifiable source we can rest assured that you made that up
>> out of whole cloth, Marky.
>
> From the Famous Fortune article, which you apparently haven't read:
>
>"In August 2010, after the ATF in Texas confiscated 80 guns-63 of them
> purchased in Arizona by the Fast and Furious suspects- Voth got an
> e-mail from a colleague there: "Are you all planning to stop some of these
> guys any time soon? That's a lot of guns...Are you just letting these guns
> walk?"
>
>"Voth responded with barely suppressed rage: "Have I offended you in some
> way? Because I am very offended by your e-mail. Define walk? Without
> Probable Cause and concurrence from the USAO [U.S. Attorney's Office] it
> is highway robbery if we take someone's property."
>
Did I mention "egos," Marky?
Voth's ego was bruised here: plain and simple (or did you miss my
above comment about "JDs"?).
>
> If you look for sources of information beyond Fox News, you'll be amazed
> to discover how ignorant you are. I guess that's why so few Fox News
> viewers ever do it.
>
I Despite your obvious ad hominem here, Martky, I do not watch any
network news; Fox, CNN, MSNBC, et al.
Hey, I barely even watch the local station news.
>
>>> I wouldn't point fingers at people's credibility if I were you, Johnny.
>
>>>>> There is an old saying, "Never attribute to malice that which can be
>>>>> explained by incompetence".
>
>>>>> Of course, the GOP is *desperate* to come up with anything they can
>>>>> to tarnish Obama's successes in office, heading into the fall
>>>>> elections.
>
>>>> Other than his "successes" of "successfully" turning his "no new taxes
>>>> for anyone making less than $250K/yr" into the lie we all knew it to
>>>> be via the ObamaCare "penalty"/"tax" on those who are least capable of
>>>> paying them, and "successfully" creating more debt in three-and-a-half
>>>> years than all presidents from George W through George W combined
>>>> created, what do _you_ consider his "successes," Marky?
>
>> We noticed you ran away from that, Marky.
>
>>"Run, Marky; run!"
>> (paraphrasing Jenny Curran)
>
>>>> "There are two ways to enslave a country....
>>>> One is by the Sword.
>>>> The other is by Debt."
>>>> - John Adams
>
>>>> Obama's unparalleled debt creation
>>>>
http://tinyurl.com/Obama-debt-creation
>
>>>> Obama's National Debt Clock
>>>>
http://www.usdebtclock.org/index.html
>
>>>>> They have a couple of buttons they can push that will ALWAYS get
>>>>> their members to the polls: abortion, homosexuals, and guns.
>
>>>> Will these get _your_ Liberal Democrat voters to the polls, Marky?
>
>>> What gets me to the polls is the thought that people like you are out
>>> to destroy my country, Johnny.
>
>> You have confused me with the Left-wing Socialist-in-Chief currently
>> occupying the White House, Marky.
>
> Oh Nos!!! Not SOCIALISM!!! Get the Holy Water!!!
>
"Run, Marky; run!"
(paraphrasing Jenny Curran)
Run away from it all you want, Marky; but your compatriots know
better:
"Obama is a socialist, you fucking moron. As are all Americans.
Only about 25%, including you, are too stupid to know what that
means"
— Scheißekopf "Deep Dudu", Wed, Oct 12 2011 5:38 pm
Moreover:
"Socialist governments traditionally do make a financial mess.
They [socialists] always run out of other people's money.
It's quite a characteristic of them."
--Margaret Thatcher, UK Prime Minister;
Thames TV This Week, February 5, 1976
>
>> "Based on strikingly irrational beliefs and emotions, modern Liberals
>> relentlessly undermine the most important principles on which
>> our freedoms were founded. Like spoiled, angry children, they rebel
>> against the normal responsibilities of adulthood and demand that a
>> parental government meet their needs from cradle to grave."
>> --Dr. Lyle Rossiter,"The Liberal Mind:
>> The Psychological Causes of Political Madness."
>
> Yes, it is strikingly irrational to think that one of the most advanced
> nations in the Western World should protect the weak and vulnerable.
> It makes much more sense to leave them on rocks in the woods to die.
>
Red herring.
>
>>>>> Tell the lurking GOPpers that the gov'ment wants to take their guns
>>>>> away...
>
>>>> The federal "gov'ment" has a well-proven and well-documented pattern
>>>> of conduct there since 1934, Marky.
>
>>>>"I have said this before; I will repeat it: I have the greatest
>>>> admiration and courage for President Calderón and his entire cabinet,
>>>> his rank-and-file police officers and soldiers as they take on these
>>>> cartels. I commend Mexico for the successes that have already been
>>>> achieved. But I will not pretend that this is Mexico's responsibility
>>>> alone. A demand for these drugs in the United States is what is
>>>> helping to keep these cartels in business. This war is being waged
>>>> with guns purchased not here, but in the United States. More than 90
>>>> percent of the guns recovered in Mexico come from the United States,
>>>> many from gun shops that line our shared border." --Barack Obama;
>>>> Joint Press Conference,
>>>> Mexico City, Mexico, April 16, 2009
>>>>
http://tinyurl.com/90-percent-of-guns
>
>>>> Gee, Marky: seems as though `Fast and Furious' started right about
>>>> then; didn't it?
>
>>> Just to make sure I'm understanding you here, Johnny: the USA
>>> manufactures assault rifles by the truckload, sells them with less
>>> restriction than alcohol in shops all along the Mexican border, then,
>>> when they show up in the hands of Mexican drug gangs, it's Obama's
>>> fault? Is that your theory, Johnny?
>
>> Total bullshit, Marky: "USA manufactur(ed) `assault rifles'" have been
>> virtually unavilable to the general buying public since May 19th, 1986.
>
>> And even before that, sales, possessions and purchases have been under
>> strict federal government control since 1934.
>
> Oh, let's quibble about the definition of 'assault rifle', shall we?
>
The United Sattes Congress wrote the definition for what you falsely
refer to as "assault rifle" when they passed the "Assault Weapons Ban
of 1994," Marky.
You are just another Joshie Sugarmann:
"Assault weapons—just like armor-piercing bullets, machine guns, and
plastic firearms—are a new topic. The weapons' menacing looks,
coupled with the public's confusion over fully automatic machine guns
versus semi-automatic assault weapons—anything that looks like a
machine gun is assumed to be a machine gun—can only increase the
chance of public support for restrictions on these weapons. In
addition, few people can envision a practical use for these weapons."
--Josh Sugarmann, Assault Weapons and Accessories in America, 1988
Meanwhile:
Definition: The term assault rifle is a translation of the German word
Sturmgewehr (literally "storm rifle", as in "to storm a position").
The name was coined by Adolf Hitler to describe the Maschinenpistole
43, subsequently renamed Sturmgewehr 44, the firearm generally
considered the first assault rifle that served to popularise the
concept and form the basis for today's modern assault rifles.
The translation assault rifle gradually became the common term for
similar firearms sharing the same technical definition as the StG 44.
In a strict definition, a firearm must have at least the following
characteristics to be considered an assault rifle:
●It must be an individual weapon with provision to fire from the
shoulder (i.e. a buttstock);
●It must be capable of selective fire;
●It must have an intermediate-power cartridge: more power than a
pistol but less than a standard rifle or battle rifle;
●Its ammunition must be supplied from a detachable magazine rather
than a feed-belt.
●And it should at least have a firing range of 300 meters (1000 feet)
Rifles that meet most of these criteria, but not all, are technically
not assault rifles despite frequently being considered as such. For
example, semi-automatic-only rifles like the AR-15 (which the M16
rifle is based on) that share designs with assault rifles are not
assault rifles, as they are not capable of switching to automatic fire
and thus are not selective fire capable. Belt-fed weapons or rifles
with fixed magazines are likewise not assault rifles because they do
not have detachable box magazines.
The US Army defines assault rifles as "short, compact, selective-fire
weapons that fire a cartridge intermediate in power between
submachinegun and rifle cartridges."
http://en.wikipedia.org/wiki/Assault_rifle#Definition
IOW: "machine guns," Marky.
Words _do_ have meanings; learn to use the proper terms when
discussing firearms with a firearms expert:
Definition of assault weapon
In the former U.S. law, the legal term assault weapon included certain
specific semi-automatic firearm models by name (e.g., Colt AR-15,
TEC-9, non select-fire AK-47s produced by three manufacturers, and
Uzis) and other semi-automatic firearms because they possess a minimum
set of cosmetic features from the following list of features:
Semi-automatic rifles able to accept detachable magazines and two or
more of the following:
●Folding or telescoping stock
●Pistol grip
●Bayonet mount
●Flash suppressor, or threaded barrel designed to accommodate one
●Grenade launcher (more precisely, a muzzle device which enables the
launching or firing of rifle grenades, though strangely, this applies
only to muzzle mounted grenade launchers and not those which are
mounted externally)
Semi-automatic pistols with detachable magazines and two or more of
the following:
●Magazine that attaches outside the pistol grip
●Threaded barrel to attach barrel extender, flash suppressor,
handgrip, or suppressor
●Barrel shroud that can be used as a hand-hold
●Unloaded weight of 50 oz (1.4 kg) or more
●A semi-automatic version of a fully automatic firearm
●Semi-automatic shotguns with two or more of the following:
●Folding or telescoping stock
●Pistol grip
●Fixed capacity of more than 5 rounds
●Detachable magazine
The earlier term assault rifle refers to rifles that are capable of
fully automatic fire. By that definition the ban did not cover
"assault rifles" at all. Instead, it created a new definition of
"assault weapon," a term that was broad enough to encompass all three
categories of firearm (rifle, pistol and shotgun) capable of semi-
automatic fire and having a combination of features as listed above,
but did not include fully automatic firearms of any type.
http://en.wikipedia.org/wiki/Federal_Assault_Weapons_Ban
If you want even a semblance of credibility in a firearms discussion
news group, Marky, don't be "gun stupid;" or be such an obvious gun
control schill/troll (your "catch phrases" notwithstanding).
>
> You haven't had enough opportunity to demonstrate what an asshole you are.
>
I've been called worse by better people than you, Marky: usually while
I was arresting them and booking them into jail.
>
>> "Do you want to change your bullshit story, sir?"
>> --Chief Deputy US Marshal Samuel Gerard
>
>> "Come on, don't give us none of your bullshit stories huh?...I'm
>> pretty much ODing on all your bullshit stories!"
>> --Jake Fratelli
>
>> "I'm pretty much OD'ing on all your bullshit stories!"
>> --Clark Devereaux
>
>>> And, just what would the GOPpers {SIC} be howling if Obama tried to
>>> clamp down on gun sales? I'll give you a hint: it starts with "s", and
>>> ends with "econd amendment!!!!!"
>
>> "Without the Second Amendment, all others are merely suggestions."
>
>> Do "study up," Marky:
>
>> The Embarrassing Second Amendment
>> by Sanford Levinson
>> University of Texas at Austin School of Law Reprinted from the Yale Law
>> Journal, Volume 99, pp. 637-659
http://constitution.org/mil/embar2nd.htm
>
>>> <snip>
>
>>>>"Somebody once said: Politics is the art of looking for trouble,
>>>> finding it, misdiagnosing it, and then misapplying the wrong
>>>> remedies."
>>>> --Nikhil Kumar
>
>>>>> ...and they will be out voting against their own self-interests in
>>>>> droves on election day.
>
>>>> You _do_ realize that your postings here will make _zero_ difference
>>>> on Election Day 2012; don't you, Marky?
>
>>>> Everyone here made their choices long ago.
>
>>> Believe me, I'm painfully aware of that. Fortunately, the GOP has been
>>> so busy crafting its own destruction, they're at a point where they
>>> can't even produce a candidate that their Christian base will vote for!
>>> LOL!
>
>> So, Marky; in addition to being a Left-wing Liberals Sccialist, you're a
>> self-admitted atheist.
>
>> Kinda already figured that one out.
>
> So, you think calling someone an "atheist" is an insult?
>
The fact that I noticed, and pointed out, that you are apparently an
atheist; then you took it _as_ an "insult," tells more about you than
about me, Marky.
Look up "mens rea."
>
> That doesn't surprise me. It must be hell living in a country
> that was specifically founded as a secular nation.
>
"When in the Course of human events, it becomes necessary for one
people to dissolve the political bands which have connected them with
another, and to assume among the powers of the earth, the separate and
equal station to which the Laws of Nature and of Nature's God entitle
them, a decent respect to the opinions of mankind requires that they
should declare the causes which impel them to the separation."
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.--That to secure these rights, Governments are instituted
among Men, deriving their just powers from the consent of the
governed, --That whenever any Form of Government becomes destructive
of these ends, it is the Right of the People to alter or to abolish
it, and to institute new Government, laying its foundation on such
principles and organizing its powers in such form, as to them shall
seem most likely to effect their Safety and Happiness. Prudence,
indeed, will dictate that Governments long established should not be
changed for light and transient causes; and accordingly all experience
hath shewn, that mankind are more disposed to suffer, while evils are
sufferable, than to right themselves by abolishing the forms to which
they are accustomed. But when a long train of abuses and usurpations,
pursuing invariably the same Object evinces a design to reduce them
under absolute Despotism, it is their right, it is their duty, to
throw off such Government, and to provide new Guards for their future
security.--Such has been the patient sufferance of these Colonies; and
such is now the necessity which constrains them to alter their former
Systems of Government. The history of the present King of Great
Britain is a history of repeated injuries and usurpations, all having
in direct object the establishment of an absolute Tyranny over these
States. To prove this, let Facts be submitted to a candid world.
...
--IN CONGRESS, July 4, 1776
"You need only reflect that one of the best ways to get yourself a
reputation as a dangerous citizen these days is to go about repeating
the very phrases which our founding fathers used in the struggle for
Independence."
-- Charles A. Beard, American Historian, (1874-1948)
And FYI, Marky; neither the Constitution nor the Bill of Rights
contain the term `separation of church and state.'
You _will_ find it, though, in the 1936 Constitution of the Union of
Soviet Socialist Republics:
ARTICLE 124. In order to ensure to citizens freedom of conscience, the
church in the U.S.S.R. is separated from the state, and the school
from the church. Freedom of religious worship and freedom of
antireligious propaganda is recognized for all citizens.
>
> --
> MarkA
> Keeper of Things Put There Only Just The Night Before About eight o'clock
>
"When we got organized as a country and we wrote a fairly radical
Constitution with a radical Bill of Rights, giving a radical amount of
individual freedom to Americans, it was assumed that the Americans who
had that freedom would use it responsibly.... [However, now] there's a
lot of irresponsibility. And so a lot of people say there's too much
freedom. When personal freedom's being abused, you have to move to
limit it."
--Bill Clinton, on MTV's "Enough is Enough" April 19, 1994