Wednesday, October 30, 2013

3 year mandatory minimum for Crimes committed with Gun in Illinois Plus Obama's shutdown of America's Last Lead Smelter

Commit a crime with a gun and add 3 years to your sentence. Seems straightforward doesn't it? Ah, but in America were the Gun is Sacrosanct any law which might "harm" some innocent Gun is anathema. The NRA and their lapdog Representatives threw a hissy fit.
"I don’t think anybody should go to jail for three years for a mistake. With the new conceal carry law there’s going to be people that mess up, there’s going to be honest, law-abiding gun owners that are going to make a mistake,” Brandon Phelps an Illinois Legislator out of Harrisburg stated during interviews.
First off, there is no such thing as an "Accidental Discharge" there are only Negligent Discharges. And if a gun owner in Illinois commits a ND there should be consequences. I would leave sentencing up to the State's Attorney and the Judge based on the specific circumstances of each individual event.

And make no "mistake", there are tens of thousands of NDs every year. Many of those result in the wounding of children. Between 1997 and 2009, an average of 7500 children per year were admitted to Hospitals with gunshot wounds.

Of course, I'm certain Phelps as an Unrestricted Gun Violence Supporter would ignore this and claim he doesn't want some Gun Nut who illegally carries his gun whenever and wherever to be punished by the big bad government.

Illinois became the last state to adopt Conceal Carry Laws on July 9th of this year. However, there is a 180 day waiting period before the Illinois State Police (ISP)  to accept applications. There is also a lagtime for the ISP to process CC applications. Additionally, law enforcement agencies can protest specific CC applications with the Illinois State Police review board if "based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety."

The verbiage associated with the concealed carry law is large but not overly complex. The Illinois State Police have a FAQ page. However, ignorance of the law is no excuse, except amongst conservatives who have perfected the right-wing persecution myth.

What I'd really like from the pro-gun rights group is a yes/no answer followed by a short explanation of the following questions:
  • Should a gun owner be able to bring a firearm into a house of worship?
  • Should a gun owner be able to bring a firearm into a bar?
  • Should a person charged (but not convicted) of a crime be able to bring a gun into a courthouse?
  • Should a gun owner be able to walk in and around Fermilab in Batavia, Illinois with their firearm?
  • Should a gun owner be able to bring a firearm into a Hospital Emergency Room? Into an MRI?  
  • Should a gun owner be able to carry a firearm inside Six Flags Great America in Gurnee? How about Rivers Casino in Des Plaines?
  • Should a gun owner convicted of misdemeanor domestic battery have to relinquish his firearms?
  • Should there be any restrictions on handguns, long guns, squad automatic weapon ownership whatsoever?
Related:
"Cursing, he reached for his pistols and would have killed him... But the Duck was faster and hot lead blazed from his smoking six-guns.'' - Gene Hackman, Unforgiven. But, Thanks Obama! Now, where is my hot lead gonna come from???
While reading No More Mister Nice Guy's Blog, I learned that conservative crazies are rending their hair and figuratively (this time) going ballistic in the Right-Wing Fart Bubble that Obama has shut down the last Primary Lead Smelting Plant (Doe Run) in the United States, in Herculaneum, Missouri. Doe Run has been operating on that site for the last 121 years.

Doe Run could have upgraded their facility so as to comply with the new Clean Air Act regulatory levels but, that would cost them money and Corporations are only interested in their bottom line and if poor people are killed and workers are exposed to toxic levels of lead well to bad for them.

Now, the Right-Wing Fart Bubble has officially declared this to be Obama's end run around the Second Amendment, using the Job-Killing EPA to take away America's bullets.

The EPA officially released the revised the National Ambient Air Quality standards back in November 2008...

Of course, the actual residents in Herculaneum are happy because they won't be breathing in lead dust,
"This was all over," said resident Jack Warden. "It covered the side-walking areas. Kids would ride their bicycle down the street and they’d see that dust, they’d lock the brakes up, slide the back tire around on the bicycle, dust would just go flying. And that’s what they were breathing—30 percent lead."
But, conservative crazies, who much like latter-day Roman citizens suffer from the effects of heavy-metal poisoning, can't be expected to be reasonable or rational.

9 comments:

Wild Grass Fire said...

I'll warn you before I start answering your questions that several of them cannot be answered with a simple yes or no and will have to be expounded upon.

Should a gun owner be able to bring a firearm into a house of worship?
Yes. Dr. George Tiller (third trimester abortion provider) might still be alive if his assassin had been stopped by an armed and trained parishioner. However, the 'house of worship' should retain the right to ban firearms on their property.

Should a gun owner be able to bring a firearm into a bar?
Yes. However, the bar owner should retain the right to ban firearms on their property and the law should bar anyone with a detectable amount of alcohol in their system from carrying a firearm. The designated driver shouldn't be barred from carrying into a bar any more than they would be barred from driving their friends home after a night at the bar.

Should a person charged (but not convicted) of a crime be able to bring a gun into a courthouse?
Because the laws change from jurisdiction to jurisdiction persons not prohibited from possessing a firearm should be able to carry their firearm into a courthouse.

Should a gun owner be able to walk in and around Fermilab in Batavia, Illinois with their firearm?
Maybe. Without knowing more about Fermilab I cannot knowledgeably respond to this question.

Should a gun owner be able to bring a firearm into a Hospital Emergency Room? Into an MRI?
Yes/No. If a firearm owner is not otherwise prohibited from carrying a firearm they should be allowed to bring it into a Hospital Emergency Room. The exception would be a that a privately owned hospital has to be allowed to ban firearms. Regarding an MRI; it would be stupid to bring a huge chunk of metal, like a firearm, into an MRI. Common sense should prevail and no one should carry a firearm into an MRI.

Should a gun owner be able to carry a firearm inside Six Flags Great America in Gurnee? How about Rivers Casino in Des Plaines?
Yes and Yes. It should be illegal for a person to carry a firearm when they have any detectable amount of an intoxicant in their system. As long as they are not under the influence of an intoxicant there is no reason to prohibit them from carrying a firearm.

Should a gun owner convicted of misdemeanor domestic battery have to relinquish his firearms?
Maybe. Cases like these should be judged on their merits by a local magistrate.

Should there be any restrictions on handguns, long guns, squad automatic weapon ownership whatsoever?
Yes. The NFA is a reasonable law with reasonable controls on how we own and trade various weapons.

Grung_e_Gene said...

Well, thank you for answering Wild Grass Fire.

Hmmm. "Detectable amount if an intoxicant". who exactly is going to be doing the detecting and what do they do when the gun owner tells them to fuck off?

And allowing people to bring guns in to courthouses... Yikes, not guilty verdicts are about to skyrocket around your county.

Fermilab is a Nuclear Energy Facility under the Department of Energy, the Federal Government currently doesn't allow any firearms on Dept of Energy grounds.

Guns at Six Flags. Hopefully they're kept in a secure triple retention holster so it doesn't go flying on Batman" The Ride.

Well, the problem is the answers to all of these should have been No. Except for restrictions on firearms which should be a resounding Yes.

But, the Cult of the Gun has conquered America, and those of us who don't want irresponsible gun nuts walking all around creation with their manly enhancers have to hope we aren't subjected to "second amendment remedies",

Constitutional Insurgent said...

"Well, the problem is the answers to all of these should have been No."

Really? Private property owners shouldn't be able to decide whether or not they want to prohibit or welcome firearms on their property?

Grung_e_Gene said...

CI,

Really, these aren't private residences I listed these are either semi-private/public areas and/or Government buildings.

So, yes on this one you're wrong, but I know every Gun post I do brings out the contrarian in you.

So, no I don't want Gangster Disciples and Latin Kings being given the green light to bring firearms into Six Flags because while the act itself isn't illegal under Gun Nut logic when they decide to engage in a little shooting it's already too late.

Constitutional Insurgent said...

"So, yes on this one you're wrong, but I know every Gun post I do brings out the contrarian in you."

Sorry no. Gun rights does bring out the civil libertarian in me though. A church is privately owned property. A bar is privately owned property. Many hospitals are privately owned property. An amusement park is privately owned property. Casinos are privately owned property.

You are advocating that the State can mandate whether or not lawful items can be brought onto privately owned property.

Grung_e_Gene said...

First off all CI, there are already laws against bringing firearms into those locations, in Illinois.

Second I posited a very real world scenario at Six Flags which in your dream utopian world of Guns and Roses you blithely ignore.

Sadly, your civil libertarian fantasies will have real world consequences.

So, your foot-stamping tantrum that those are private business so stop infringing mean old State are cute on a blog but, it's going to have real world consequences which you don't care about.

Constitutional Insurgent said...

Wow. Tantrum? Foot stomping? This is why I've stopped coming by very often.

I'll let you return to your regularly scheduled theatrics.

Grung_e_Gene said...

Look CI, I'm very sorry that you feel you can't come over here as much. I truly appreciate your input on every topic even Guns, on which we are very much at odds.

Don't take it too personally. Obviously, I'd like you to re-examine the absolute primacy of property rights you appear to hold because once a person leaves their own abode the exclusive "in the comfort of one's own home" argument is negated.

That's all. Take care.

Dervish Sanders said...

GEG: ...the answers to all of these should have been No. Except for restrictions on firearms which should be a resounding Yes.

Agreed.

GEG: these aren't private residences... these are either semi-private/public areas and/or Government buildings. So, yes on this one you're wrong...

Agreed. A business is "private property" technically but businesses are open to the PUBLIC and require a business license. The license-granters are within THEIR rights to say the State can mandate whether or not "lawful items" can be brought onto privately owned property that is open to the public.

That said, I'm opposed to mandatory minimum sentences. Cases should always be decided on the facts and those deciding shouldn't be straight-jacketed with anything that is "mandatory".