By B. Zerker
Weapons specialist & Constitutionalist
Los Alamos


“You never want a serious crisis to go to waste, and what I mean by that is an opportunity to do things that you didn’t think you could do before,” … is what Obama advisor Rahm Emanuel said in an interview regarding the economy with The Wall Street Journal.

Now it looks as if OUR* government seems to be following that same advice as it pertains to every matter that comes along except for our failing economy! In particular, I now speak of the Sandy Hook school shooting tragedy.

Soon, OUR Senate, will consider a new so called “assault weapons” ban, which was authored and will be introduced by California Democrat** Sen. Diane Feinstein, the well-known and notorious foe of EVERY American citizens’ personal freedoms where firearms liberties are concerned.


*1) I purposely use the capitalized word “OUR” in conjunction with everything that belongs collectively to the citizens of the Unite States of America to remind my readers that WE are the government of OUR country and that the elected few are not! They are simply OUR representatives and are supposed to do ONLY what WE authorize them to do. I also purposely use “all caps” for words I want to stress.

**2) I call it the “Democrat” party for the simple reason that “Democratic” sounds too much like it lends itself to “Democracy.” TRUE Democracy is the LAST thing on their socialist minds in OUR Constitutional Republic.)

For her 2013 legislation (I don’t have a bill number yet), Feinstein conducted “tireless and in-depth research,” which I read consisted of looking through stack after stack of photos of various firearms to determine which ones she would now include in her new gun-ban legislation.

The results of her eye-reddening labor? The inclusion of 400 additional auto-loading rifles and shotguns are to be added to the existing list of 600 from her now defunct 1994 ban. And 120 of these firearms are by name and the rest merely because of their outward appearance or some other characteristic.

Surprisingly, the legislation is reported to exempt ALL models of semiautomatic handguns. This is thought to be because of the recent Supreme Court decision in The District of Columbia vs. Heller, in which the court ruled that:

“…the Second Amendment protects the right to have handguns for self-defense; in large part on the basis of the fact handguns are the types of firearm “overwhelmingly chosen by American society for that lawful purpose.”

 Semi-automatic pistols, which are the most popular handguns today, are designed to use detachable magazines and the magazines “overwhelmingly chosen” by Americans for self-defense are those that hold more than 10 rounds.”

I guess by adding handguns to the mix, she thought that she might have her new law, if passed, declared unconstitutional and overturned. Now that wouldn’t look too good on her résumé, would it?

That’s the only reason I can figure that Feinstein, a notorious anti-gun zealot, chickened out and excluded handguns. You have to think though, if her bill eventually passes in the congress and is signed into law, that the court will do the same as in Heller and overturn it for the simple fact that “arms” are “arms” and ARE protected by OUR Second Amendment equally. No matter their cosmetic appearance, they all function alike.

Feinstein’s definition of “assault weapon” in her ‘94 ban, “sunset” in 2004, included: Any semiautomatic, centerfire rifles, or shotguns that possessed two or more of the following characteristics/cosmetic features:

  • The capability of accepting a detachable magazine holding more than 10 rounds of ammunition.
  • Prohibited the domestic sale of high-capacity magazines to all other than military or law enforcement.
  • A pistol grip.
  • A flash suppressor or threaded muzzle.
  • A bayonet lug.
  • The capability of mounting an external grenade launcher. (A device and ammunition that are obviously already restricted by the NFA [National Firearms Act.) (Sorry, I forgot to include the previous characteristic of my list in my column in the Los Alamos Daily Post on 12/28/12, simply because of just how ridiculous it actually is!)
  • The ’94 ban also included semiautomatic handguns that were sold with magazines that held more than 10 rounds.

Feinstein’s expanded definition of “assault weapon” in her 2013 bill includes most of the provisions that were in her now defunct ‘94 ban, including the one prohibiting grenade launchers, but it will now excludes the provisions for “bayonet lugs” and “flash suppressors” in the characteristics category. The 2013 bill will now consist of:

Any semiautomatic centerfire rifle and shotgun or rimfire (added) rifle that uses a detachable, fixed (added) or tubular magazine (added) capable of holding more than 10 rounds will now be illegal, excluding tubular magazine .22s.

(You can now say goodbye to your SKSs, M1 carbines, and Ruger Mini-14s and 30s! This provision of her bill will in fact, ban ALL rifles and shotguns that use detachable magazines, because what is not addressed in her bill are that magazine capacities are arbitrary and existing rifles or shotgun can accept a magazine of any capacity and there are probably millions, if not billions of them in private hands at this time.)

It bans thumbhole stocks. They will now be treated as pistol grips.

Any semiautomatic, centerfire or rimfire rifle or shotgun that is less than 30” in length.

(This means ALL bullpup style arms will be banned and I imagine they’ll also use this provision where collapsible or folding stocks are used on firearms. (Fold or collapse the stock and if the firearm is less than 30” in length, it will be illegal!)

Forward grips. Any grip in front of the trigger group on any rifle or shotgun will be banned.

Any handgun with a threaded barrel. Any firearm capable of accepting an external rocket launcher.

(This is important because of all of the civilian deaths created by anti-personnel rocket in this country in the past few years. And once again, they’re already covered by the NFA regs.)

This bill also bans the domestic manufacture and import of all detachable rifle and shotgun magazines that hold more than 10 rounds.

Here is a good explanation of what Feinstein’s legislation will likely accomplish:

The video contradicts what I previously reported on regarding handguns and the Heller decision, but this is currently an ongoing process and the final provisions of this legislation are as of yet unknown.

As you can plainly see, Feinstein’s 2013 legislation goes a lot further where auto-loading (semiautomatic) rifles and shotguns are concerned and to my knowledge, it contains no “sunset” provision.

It also lowers the number of qualifying external cosmetic features found on most from two to one.

Therefore, any firearm with one additional feature other than operating in an auto-loading (semiautomatic) fashion would now be illegal, effectively banning most of them.

The problem with this whole thing is that if it’s passed, it will be a post-de-facto law. We will be at risk of being prosecuted for things that ARE completely legal right now.

In the case of high-capacity magazines, in court, the onus will be put on the defendant (us) to prove that all magazines that we possess are pre-ban magazines.

In essence, we’ll have to prove ourselves innocent instead of a crime instead of the court proving us guilty.

Since there is no way to determine the manufacture date of magazines or whether it/they were owned before the ban took effect, many will be at risk of fine or jail just because they were in possession of a magazine. This bill is just WRONG in so many ways!

The bill also designates that anyone can surrender his/her “assault weapon(s)” for destruction. But, with NO monetary compensation in return.

It further states that we can’t sell a banned rifle. (Can you see all of the entrapment cases on the horizon?)

We may legally retain possession of them by voluntarily registering them under the National Firearms Act (NFA) with the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) for the “tribute” of just $200 per firearm. (Mandating that you pay for something that you already own! Anything for a little extra revenue they can steal from you … Right?)

To comply with existing NFA regulations: One must be photographed and fingerprinted. (Booked?) One is also required that you provide the BATFE with the address where the firearm(s) will be kept.

By registering an arm under the NFA, you also give the BATFE the right to come to your home, if that’s where you store your registered arms, once a year, so that they can inspect them.

One must also receive permission to transport NFA firearms across State lines. Y’all know what all of this means: They’ll know exactly where to find you and your arms whenever they decide to come and get them!

Another provision of this bill is that it forbids ALL import, domestic manufacture, and sale (either public or private) of so called “assault weapons.” (Doesn’t the “manufactured” part seem intelligent? Putting even more skilled laborers [gunsmiths] out of work and on the government “tit” in this economy.)

Transfers of so called “assault weapons” will also be illegal. What does this mean? Unlike the machineguns, sawed-off shotguns and explosive devices that NFA regs now covers and can be bequeathed to family members, friends or sold outright, no one will be able to leave their legally owned, registered so called “assault weapons” to their heirs.

Upon the death of the legally registered owner, the heirs will have to “forfeit” them to the government for their destruction and will not have the right to retain or sell them.

Sounds like just plain theft to me! I don’t quite know how this will work … will the BATFE set up a new department where agents go through the daily obituaries and cross check their list of registered owners with the deceased?

Will there be a red button on each desk? When a diligent agent finds a match, will he/she press that red button, which sounds an alarm that sends every agent present into a quivering frenzy?

Will they all then suit up in their Kevlar; arm themselves with M4s, dash to and slide down red poles to the “RADCAVE” below where they all load into their APCs?

Will they then speed to the residence, kick down the dearly departed’s door, beat up everyone in sight, traumatize the already grieving family as they rifle through the deceased’s belongings and confiscate any arms they find?

(Don’t laugh, events similar to this happened in New Orleans following Hurricane Katrina … [minus a few of the more colorful theatrics I described of course.])

And this was completely legal because martial law was in effect! This act was carried out by OUR National Guard during a “national” emergency where a “national” military organization, at the command of OUR president, was deployed to keep the peace. Some peace … huh?

Was this a breach of Posse Comitatus? You’ll have to decide that for yourselves, but I and many others believe it was.

Did lawful gun owners have their personal property (firearms) seized for no good reason? YES they did!

Were they denied their right to protect themselves and their property? YES they were!

Were the majority of them thieves and looters? I think not! In Feinstein’s legislation, what will the penalties be for simply possessing a so called “assault weapon” for those who hold up their middle fingers at Washington, D.C. and refuse to comply to an obviously unconstitutional law?

If they’re anything like the existing penalties for violating NFA regulations concerning illegally owned machineguns and short-barreled arms, the penalty will be 10 years in prison and a $10K fine for each infraction!

Why? What for? Mere possession, transport of or travel with a so called “assault weapon” that has violated no person’s liberty!

Will they be fined and imprisoned for NO good reason?

And all of this for what? Oh, that’s right! To save the babies! … HA! Remember, it’s Feinstein and her ilk in the Democrat party that continually push for abortion rights. They don’t care about babies! (Well … unborn babies anyway!)

Maybe the true intent of the Second Amendment is why they’re so paranoid! (The threat of armed insurrection is a good thing and is supposed to keep them in line!)

I may be mistaken though. They’re running OUR nation into the toilet and have been for decades. We haven’t done anything about it yet.

Now, they’re leaving us in debt, a debt we’ll never be able pay. Maybe they’re beginning to hear the footsteps? … Like an NFL receiver does while running a crossing route and there’s a linebacker somewhere near that’s about to knock him into next week … and their paranoia comes from the idea that we might come after them in the attempt to save OUR country before it’s too late? Well, we can’t do that without arms! They know this!

As to the motive for Feinstein’s fascist bill … if perhaps the previous paragraph’s theory isn’t her motivation … might it be for public safety concerns? How stupid can that be? Criminals will still have their firearms.

They’re criminals! They break the law! No matter what laws government make, criminals will still have their arms and WE will have NO WAY to combat them!

This is what Feinstein’s bill, if passed will likely accomplish in OUR beloved country if we allow it to happen: Take a look at the price our Aussie friends are paying right now because of their overstepping legislature: Gun Control in Australia – Watch and Weep – You Tube. This IS truly frightening!

As to the logic Feinstein uses that brings her to the conclusion that her legislation will result in safer streets … if there actually is a logical thought process involved in her reasoning, I don’t recognize it!

The following DOJ and FBI reports that are posted on the NRA’s website entitled “Feinstein Goes For Broke With New Gun-Ban Bill” clearly proves her lack of cognitive reasoning skills.

The Department of Justice study:

On her website, Feinstein claims that a study for the DOJ found that the 1994 ban resulted in a 6.7 percent decrease in murders.

To the contrary, this is what the study states: “At best, the assault weapons ban can have only a limited effect on total gun murders, because the banned weapons and magazines were never involved in more than a modest fraction of all gun murders. Our best estimate is that the ban contributed to a 6.7 percent decrease in total gun murders between 1994 and 1995 … however, with only one year of post-ban data, we cannot rule out the possibility that this decrease reflects chance year-to-year variation rather than a true effect of the ban. Nor can we rule out effects of other features of the 1994 Crime Act or a host of state and local initiatives that took place simultaneously.”

“Assault weapon” numbers and murder trends:

From the imposition of Feinstein’s “assault weapon” ban (Sept. 13, 1994) through the present, the number of “assault weapons” has risen dramatically.

For example, the most common firearm that Feinstein considers an “assault weapon” is the AR-15 rifle, the manufacturing numbers of which can be gleaned from the BATFE’s firearm manufacturer reports, available here.

From 1995 through 2011, the number of AR-15s—all models of which Feinstein’s new bill defines as “assault weapons”—rose by more than 2.5 million. During the same period, the nation’s murder rate fell 48 percent, to a 48-year low. According to the FBI, “8.5 times as many people are murdered with knives, blunt objects and bare hands, as with rifles of any type.”

If y’all want to live like our Aussies friends in the video, that’s your choice …, you’re FREE (?) Americans and have the right to live as you see fit … until your rights conflict with others/mine.

And even then I’ll probably come armed to your rescue if needed because the cops weren’t there to save you.

Me personally, I refuse to live like that! If you’re of the same mind, you better get ahold of your senators and representatives and raise a stink … PRONTO!


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