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home : blogs_old : speak out arizona May 24, 2016

Speak Out Arizona
By Denise Bensusan, Kingman, Arizona
Citizen Activism..... with a dash of Righteous Indignation
"Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has." --Margaret Mead

Tuesday, March 5, 2013

Gun Laws are NOT unconstitutional

 Denise Bensusan

Gun Laws are NOT unconstitutional. If you delve into the legality and previous Supreme Court decisions you will find that Obama's attention to gun violence in America will more than likely pass the legal litmus test.

It seems to be common knowledge that the issue of gun control will end up in the Supreme Court and many think that the Supreme Court will come to the conclusion that these new gun control regulations will be considered to be a violation of the Second Amendment. I don't believe that we will see this happen. I believe that the Supreme Court will uphold the new regulations. I don't know one person who agrees completely as to what the Second Amendment means or stands for, but previous court decisions lead most learned experts to believe that the Supreme Court will indeed uphold Obama gun laws.

What does the Second Amendment mean to the Supreme Court?

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - The Second Amendment to the U.S. Constitution

"Does the Second Amendment prevent effective gun regulations? What is the "right to bear arms"?

Second Amendment litigation has become a critical battleground since the U.S. Supreme Court held, in District of Columbia v. Heller, that the amendment guarantees an individual right to possess a firearm in the home for self-defense. This is a is a very important statement so let's repeat it... "Supreme Court held, in District of Columbia v. Heller, that the amendment guarantees an individual right to possess a firearm in the home for self-defense."

I am a gun owner and I own far more than one weapon. I pack a gun 24/7 and I know how to use that weapon appropriately. I support the Second Amendment and yet not one of us thinks it means the exact same thing. The Second Amendment doesn't prevent smart gun regulations. In fact, since Heller, courts nationwide have found a wide variety of firearms laws constitutional because they can help prevent gun deaths, injuries, and crimes in communities across the country.

Obama is not coming for our guns! If he were I would be standing on the front lines to fight the injustice. The fact is it simply is not going to happen. Drawing lines in the sand and taunting Obama to come take our weapons is nothing more than fear mongering. One of the best ways to control the American people is fear and we all know it.

For the first time in years the Democrats are standing up strong on gun violence in America and it's about darn time. The NRA with its own history of racial prejudice and the introduction of gun laws to prevent black slaves from purchasing weapons is out in full force and utilizing their expertise in fear mongering to its full extent.

The guards at the Board of Supervisor Building knew my weapons by heart as at least 30 times or more I had to lock my weapon up, give them my drivers license and disarm in order to enter the building. I didn't like it but they were all sweethearts and friendly and they were just doing their job.

I verbalized and wrote articles about my distastes for being forced to disarm in order to enter this public place that my taxes paid for but I have had some time to reconsider my thoughts on the issue. The reason I have reconsidered my position on this issue is HATRED. The HATRED that I see between parties or groups of people who have different beliefs, different politics, different everything.

We are in America of course and we are supposed to be diverse in our associations with others. We are supposed to be understanding and accepting in our differences. A country of immigrants and yet some HATE immigrants so much that it is not only sad but also dangerous. HATRED for those who voted a certain way. HATRED for those who look different, HATRED for those who speak a different language. HATRED for those who support those Americans who are in need, impoverished and sick. HATRED for those who seek peace and don't believe in war for oil. HATRED because someone is a Muslim or a Baptist or anything different than someone who is a HATER. It's a disease... HATRED... and I have no idea how to cure it.

This past year, this last election was a real eye opener. Some of the comments that I received were so off the wall, so psychotic and so filled with HATE that I realized that the reality I hoped for was never going to happen. My favorite was "If you voted for Obama you have blood on your hands and you deserve to be killed." Every person with a gun isn't sane, every person with a gun isn't safe and lots of those people packing heat HATE! They can't let go that America chose a black Democrat as their leader. The racial prejudice is obvious and saddening.

There are actually people out there who are quite frankly unstable and HATE others so much for their political views that it becomes a serious matter...so serious in fact that you have to consider the Sandy Hook Incident and all the other mass shootings that have happened here in America. We are reminded that there are very dangerous people out there. It is the responsibility of the county to protect the citizens from harm when they enter that public building. Here's the thing though...aside from the horrible unbelievable slaughter of children at Sandy Hook the U.S. has had one mass shooting per month since 2009. So, here we are arguing about gun rights, laws, and regulations whatever you want to call it. How many more children will die to satisfy the armed right-wingers. The fact is that we all know someone who is dangerous; we know certain people who will be the ones that walk into a crowded room and blow everyone away.

What happened at the BOS on Monday was political campaign promises coming true. Candidates used gun laws to get elected because it was an anti-Obama issue and it gained them followers and they denied the security of an entire community to claim they kept their campaign promises. Only Gary Watson and Buster Johnson had enough sense to understand and know that this county has just opened itself up for huge lawsuits when disaster strikes. This county REMOVED safety precautions that were already in place and this county will be liable for the disaster that will come. Armed groups have already made threats to groups of people who believe differently than them. They have even threatened individual Americans who voted for Obama even though that's an obvious majority. Look out, taxpayers, because Mohave County is now totally responsible for ANY disaster that happens here. When it happens, sue the hell out of them because, quite frankly, they deserve it.

President Obama said "Our nation has suffered too much at the hands of dangerous people who use guns to commit horrific acts of violence." As President Obama said following the Sandy Hook Elementary School tragedy, "We won't be able to stop every violent act, but if there is even one thing that we can do to prevent any of these events, we have a deep obligation, all of us, to try."

... While no law or set of laws will end gun violence, it is clear that the American people want action. If even one child's life can be saved, then we need to act. Now is the time to do the right thing for our children, our communities, and the country we love."

Kudos to President Obama for approaching an issue that frightens off most politicians.

Related Links:
• Gillespi
• Smart Gun Laws

Reader Comments

Posted: Thursday, April 4, 2013
Article comment by: janice palmer

there's nothing wrong with trying to protect the public and our elected officals. i believe in the right to bear arms as long as it doen't endanger other citizens. oh. yes an armed country is safer from invasion..i agree. i love people. but i dont want to see anyone needlessly killed because of some nut. and we do have some in mohave county.

Posted: Wednesday, March 6, 2013
Article comment by: Silent One

Denise The federal government has no business regulating guns other than interstate commerce(shipping rates). Please read and accept what the constitutions says and means. These rights are God given.. The constitution outlines these rights..it does not grant them.. just as no man or government can "grant" these rights. Wake up Denise and the rest of us.

Posted: Wednesday, March 6, 2013
Article comment by: crazy talk

you do not have to be "a lefty" to believe this country needs some "gun managment!" Sounds like there is a creep looking for a chance to have a law suit against an establisment that does not want people that think flashing a gun (not concealed) is ok! Seeing some folks with carry guns that are WAY to big for them to handle strapped on their hip (that is also too big!)and obvious it is suppose to be a statement and NOT for any kind of protection. Save is not a left or right situation. Nuts with guns is scary! Far scaryer than the President coming for my hunting rifle that i will use when they drop guys out of black helicopters over my shanty!!!

Posted: Wednesday, March 6, 2013
Article comment by: tj denton

bobby combs!! his offense is impetuous his defense is inpregnable, hes the greatest in the whole world!!!

Posted: Wednesday, March 6, 2013
Article comment by: Anson's Nephew

“I would love to know how all of you lefties get that the majority of America is behind you on this issue?”

90% of American polled want to see stricter background checks and 60% want stricter gun laws – the poll included NRA members (74% on the first issue) and Republicans (60% on the first issue).

Posted: Wednesday, March 6, 2013
Article comment by: N A

Lots of people do not agree with you, Do you really think that the federal government cares for your life or others, all they want is more power, for example they know that they can't have UN solders in our streets with out gun control.

Posted: Wednesday, March 6, 2013
Article comment by: Jimi Lightfoot

All Federal gun laws ARE Unconstitutional. We the People created the Federal government and are its Creator, it is NOT our master. In short we are its god and it…our servant.

We delegated only 21 powers to the Federal government.” Article 1, Section 8, Clauses 1-16 are those powers.

Not one of those rights given to the Federal government allows for the disarming of citizens or regulations of any sort of to allow, deny or have any say so what so ever, in weapon possession by the private citizen. The States have jurisprudence on gun rights per the 10th Amendment.

To those who wish the federal government to be our ruler and the final say on our rights, this is as unlawful as any elected official, say the Mayor, deciding to use your house, sleep in your bed and tell you where to worship. His powers are limited in writing by a Constitution. This same rule of law applies to the federal government.

As you attempt to twist and re-interpret the Constitution demanding people bend to the will of the federal government be mindful it is merely a first stepping stone to book banning and the loss of free speech. No one will be any safer and the federal government has neither right nor obligations concerning public safety.

As a final thought on the interpretation of the Constitution, it is wise to reflect on the words of Thomas Jefferson to Supreme Court Justice William Johnson, June 12, 1823:

"On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."

Posted: Wednesday, March 6, 2013
Article comment by: Bob Combs

To show you what I'm saying look at this.

Lets say you keep everything as is. I go down town to pay my tax's and someone comes in doing bad things and I get hurt do you think I'm not going to SUE everyone for denying me the right to protect myself by making me disarm to enter the building ? You bet I will. no matter where it is if IM their and they do not allow firearms I leave or if I have to go and disarm I get the managers name and find out who owns the place as if anything happens while I'm being denied my 2nd Amendment rights I am going to own everything they have and ever will have no matter who it is !
This is not hate of any kind it is purely self preservation.

Posted: Wednesday, March 6, 2013
Article comment by: Bob Combs

Wow really ???

Bottom line weather you like it or not no one is responsible for your safety but you ! The safety precautions that are in place in the county building are very poor to say the least. I can tell you this from a law enforcement prospective. you need to go get some training to see what I'm talking about go to a firearms class, you don't have to like them just go learn what really happens when a sick or evil person does these things. Then right a Colum on it after you know what your talking about from the real side of it not just a lawyers outlook.

Posted: Wednesday, March 6, 2013
Article comment by: Bob Combs

I would love to know how all of you lefties get that the majority of America is behind you on this issue? No one I have talked to even remotely agrees with this dangerous ideology. I personally do not agree even when you use our children as a toll to invoke emotion into the issue.
When any of you have actually been attacked or served in the military or law enforcement then you do not have any idea that the world is not a good place ! There is pure evil in this world if you haven't experienced it good for you I really mean that I wish no one would ever see that side of our world. But we live in a Constructional Republic, not a democracy as the law stands if all of the left and 99% of America wanted total gun bans it does not make it legal to take my right to able to defend myself and my family if needed. All of the feel good laws in the world will not stop a man determined to do harm !
I want to know why you think its ok to pass these laws and take my rights just because you don't agree with my right and being able to exercise my right ?
Again under our Construction it is not a majority rules system, If you don't know that or are trying to convince enough people that it is YOUR WRONG PERIOD !!!! Even with this un-American administration in power right now we will not forget and their will be a time we will vote you out all together. Yes you are many and its our fault, we were asleep working and supporting our family's while our great country was infiltrated and our kids were indoctrinated and dumbed down and not being taught what our country stands for and was founded on.
I really hope you never have to defend yourself from evil, especially since its clear you are not prepared to do so in any way other than calling 911 and that’s fine its your right to make that choice , But you have no right to force your choice on me or anyone else this is the argument that no one brings up.
Go do what you want don’t hurt anyone or me and I'm fine with that, But do not ever think you are superior to me and try to force your choices on me or anyone.

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