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Gotta hand it to President Obama.  He’s using his typical back door approach to the clear and present danger to the lives of all Americans without more strict and meaningful gun control.  His executive orders, which can be viewed here, leave out what many of us wanted:  the reinstatement of the ban on assault rifles, most specifically, the AR15.

Instead, Obama is treading lightly where angels themselves fear to tread at this time, putting the reinstatement in place in the 90’s on AR’s on Congress.

I wonder how many gun loonies are laughing behind their hands, walking to their gun cabinets, and kissing the stocks of their AR 15s.

Consider that the day after Biden tipped Obama’s hand about upcoming exec orders on gun control, AR 15’s went flying off the shelves.  They flew off the shelves at Walmart and all over the country.

All of these measures and all the bold talk are meaningless without banning assault rifles.

The Newtown Superintendent of Schools just said on CNN that she didn’t begrudge anyone their freedoms under the Second Amendment.  But, she said, she has no way of protecting her students and teachers from the AR15. This is true in all of our schools, in each and every venue in this country.

As Ed Schultz pointed out tonight on MSNBC, Reagan himself, the God of the GOP, called for a ban on capacitave guns.

We are talking about The Mighty Bushmaster.  The artillery-grade rifle used in Newtown, so proficiently that 6 adults and twenty children were dead in a few minutes, each taking multiple bullets designed to shred flesh.

Can you see a small child’s face, when a shooter in black bursts into her classroom and fires at her?  Can you see her fall to the floor dead, her body spurting blood, her dying shock and terror?

This is what all of us see who are not in denial about this gun.  

And, no, you don’t have the right under the Second Amendment to own and use artillery.

You know why?  Because logically and morally, your right to own and use this weapon tramples on my and everyone else’s Constitutional rights. By the mere fact of the presence of this piece of equipment in households across the country, you are endangering yourselves, the rest of us, and the people we I love; you are undercutting everyone’s right to life, liberty, and the pursuit of happiness.  These rights are in the preamble of the Constitution and they trump yours.  Have you thought about this– at all, in the midst of your kneejerk spew about liberty?

And moreover, as calmer and saner pundits are pointing out today, those other than the intellectually challenged of the extremist news organizations, the right to regulate the keeping and bearing of an AR was decided by the Supreme Court in the landmark Heller case.

It is true that the 2008 Heller Case protected the right of the people to keep and bear arms–specifically, handguns, in their homes.  However, here is what the Supreme Court said in upholding Heller regarding and applicable to war-grade weapons:

Opining on the scope of the right, the Court wrote, in an obiter dictum, “Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”[45]

The Court also added dicta regarding the private ownership of machine guns. In doing so, it suggested the elevation of the “in common use at the time” prong of the Miller decision, which by itself protects handguns, over the first prong (protecting arms that “have some reasonable relationship to the preservation or efficiency of a well regulated militia”), which may not by itself protect machine guns.” See the exhaustive entry on the Heller case on Wikipedia.

This means that the President certainly does have the right to issue an executive ban on the sale of the AR15.  But he appears to be challenging Congress to put its clout behind this one; reinstatement of the ban on assault rifles in place during Bush’s reign is now a recommendation for the Senate and then the House of Representatives to take up.

All of the suggestions and recommendations in the exec orders today are commendable, but there isn’t any way leaving out banning the AR15  isn’t going to look like weakness on Obama’s part.  It is a slap in the face to Gabrielle Giffords and everyone still alive who has been shot with an AR15 or other such gun.

But if Congress is thinking of its own survival and the survival of the Republican Party, it will show some cajones and come into reality, setting aside its obsession with its skewed interpretation of the right to bear arms, and with the Senate, reinstate the ban on the AR15.

It’s crunch time.  We have to be brave, persistent, and vocal.  We can’t afford apathy.  Please share/RT this post.  jra

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