Category Archives: Second Amendment

Missouri Lawmakers Confused, Frustrated by Dept. of Revenue Story

Kaye Beach

March 16, 2013

I am trying to keep up with this story out of Missouri regarding the state’s  implementation of portions of the federal Real ID Act and the impact on Second Amendment rights.

According to Lt. Governor Peter Kinder, Eric Griffin went to his Department of Motor Vehicles fee office after he passed the application process for a concealed carry gun permit. Griffin refused to let DMV employees scan some of his documentation and he was subsequently denied a permit.

Source: Real ID Act raises privacy concerns for Mo. handgun carry permit holders, March 6, 2013, Examiner.com

Now Missouri has a REAL problem on it’s hands.  Many people, unaware of the many negative implications of the Real ID Act, might not gripe when they they run into new procedures at the DMV as a result of it but get between the Missourian and his gun rights-and watch out!

Long and Deputy Director John Mollenkamp [Mo. Dept. of Revenue] told the committee they now require documents from state residents, including conceal-carry endorsements, to be scanned into a computer system as part of an effort to cut down on fraud.  http://www.kcur.org/post/mo-dept-revenue-were-not-sending-copies-citizens-documents-dc-0

The Dept. of Revenue will not admit that they are implementing the technical tenants of the Real ID Act, they may not even know that they are.  Here is why.  The Dept. of Homeland Security and AAMVA, (the American Association of Motor Vehicles) which has set motor vehicle associated and licensing standards for the states for decades, agreed to roll the Real ID Act requirement into AAMVA’s North American Standards for Driver’s Licenses and ID cards (2012)

“In addition, DHS has worked with the American Association of Motor Vehicle Administrators (AAMVA) to coordinate state implementation of the standards of the REAL ID regulation. In particular, DHS participated with the states in the drafting of the Personal Identification – AAMVA North American Standard – DL/ID Card Design (July 2009) . . .the design must meet or exceed REAL ID requirements.”

Department of Homeland Security,Secure Identification State Progress Fiscal Year 2012 Report to Congress

“AAMVA (the American Association of Motor Vehicle Administrators) is called the “backbone” and hub” of the Real ID Act in the final rules issued by DHS” Mark Lerner, testimony before the Michigan House of Representatives, 2008

The state bureaucrats will tell you that they aren’t implementing Real ID, they are just following ‘best practices’ as they have always done.

Anxious and frustrated Missourians might find it interesting to compare notes and see how Oklahoma is continuing to implement the provisions of the Real ID Act despite it being prohibited by law.

Now Missouri lawmakers want to know where is the personal information (including biometric data) of citizens going and why? But instead of a straight answer, lawmakers are running into a whole lot of obfuscation and misdirects from the Dept. of Revenue and this is making them hopping mad.

CBS St. Louis reports:

March 13, 2013

JEFFERSON CITY, Mo. (KMOX/MDN) – Earlier this week, KMOX told you about allegations that the state was creating a database of gun owners.

Now, Missouri lawmakers say the Department of Revenue lied about that and is breaking the law, because they’re collecting certain personal information from everyone.

Missouri senators spoke out in the chamber Wednesday.

Senate Appropriations chairman Kurt Schaefer said the department has lied to him three times now.

“This marks the third time I’ve been lied to in two weeks,” announced Schaefer.

The department first told Schaefer it received a grant from the U.S. Department of Homeland Security that was not related to the gathering of information at license offices.

Later, the department told him the grant was used for hole punchers to void old licenses. The hole punchers were bought at 138 bucks a pop.

In a later hearing, the department then said the grant was used for gathering information at license offices, leaving Schaefer furious.

Read More

If the people of Missouri do not insist on getting to the bottom of all of this they run the risk of either political muscle silencing the lawmakers that are currently demanding answers or that they will eventually becoming so baffled by BS, that they give up.  Stay with it ‘Show Me’ state!

Missouri compliance with REAL ID has Lt. Gov., CCW permit holders up in arms

States that Stand Against REAL ID - Really?

States that Stand Against REAL ID – Really?

Kaye Beach

March 10, 2013

Residents of Missouri are in an uproar following the discovery that their state is apparently continuing to implement the REAL ID Act requirements in Missouri despite the fact that the state passed a law prohibiting the implementation of Real ID.

Though Missouri isn’t one of the 19 states certified by the Department of Homeland Security as REAL ID compliant, its steps towards compliance is raising privacy concerns by handgun carry permit holders and state lawmakers.

Source:  Real ID Act raises privacy concerns for Mo. handgun carry permit holders, March 6, 2013, Examiner.com

Opponents of The Real ID Act of 2005 span the political spectrum and not least among these opponents has always been those who value their right to keep and bear arms.  This may be one of the first visible eruptions at the inevitable intersection of Real ID and gun rights.  It will not be the last.

According to Lt. Governor Peter Kinder, Eric Griffin went to his Department of Motor Vehicles fee office after he passed the application process for a concealed carry gun permit. Griffin refused to let DMV employees scan some of his documentation and he was subsequently denied a permit.

Source:  Real ID Act raises privacy concerns for Mo. handgun carry permit holders, March 6, 2013, Examiner.com

From the Missouri Watchdog, March 6, 2013;

“What is going on is improper and is a new and illegal impediment to citizens’ rights to obtain a concealed-carry permit,” said Stoddard County prosecutor Russell Oliver, who is acting as the private attorney for plaintiff Eric Griffin.

The state statute governing the actions of the Department of Revenue forbids it from disclosing such personal information as photographs, driver’s license numbers, names and addresses without express consent.

In investigating the matter, Oliver said, he discovered that a third-party company — Morphotrust — licenses the equipment. On its website, the company says it’s a partner with all states and many federal agencies in providing “identity solutions” “to simplify, protect and secure the lives of the American people.”

Oliver said he’s not sure how long the Morphotrust scanning machines have been in place or how far-reaching they are in Missouri license fee offices. Stoddard County is in the southeast corner of the state.

“This is new, at least it’s new to us,” said Lt. Gov. Peter Kinder, who joined Oliver at the Capitol in announcing the lawsuit.

. . .Oliver and Kinder said the DOR may be collecting the information to comply with the federal Real ID Act of 2005, but they said the state opted out of that law and instead implemented its own in response.

Read more

Feinstein Gun Control Bill Summary

anti gunKaye Beach

Dec. 27, 2012

From The Blaze;

Sen. Feinstein Posts Proposed ‘Assault Weapons’ Legislation — and It Includes Provisions on Handguns and ‘Grandfathered’ Weapons

Last week, Sen. Dianne Feinstein promised to on the first day of new the Congress introduce legislation that would ban so-called assault weapons and certain types of ammunition.

Now, the Californian senator has posted a summary of this legislation that would be introduced in 2013, showing more details about the provisions that she would hope would be included. And it doesn’t just have to do with what she calls “assault” weapons.

Read more from The Blaze

Here is the summary;

Stopping the spread of deadly assault weapons

Stay informed

In January, Senator Feinstein will introduce a bill to stop the sale, transfer, importation and manufacturing of military-style assault weapons and high-capacity ammunition feeding devises.

To receive updates on this legislation, click here.

Summary of 2013 legislation

Following is a summary of the 2013 legislation:

  • Bans the sale, transfer, importation, or manufacturing of:
    • 120 specifically-named firearms
    • Certain other semiautomatic rifles, handguns, shotguns that can accept a detachable magazine and have one military characteristic
    • Semiautomatic rifles and handguns with a fixed magazine that can accept more than 10 rounds
  • Strengthens the 1994 Assault Weapons Ban and various state bans by:
    • Moving from a 2-characteristic test to a 1-characteristic test
    • Eliminating the easy-to-remove bayonet mounts and flash suppressors from the characteristics test
    • Banning firearms with “thumbhole stocks” and “bullet buttons” to address attempts to “work around” prior bans
  • Bans large-capacity ammunition feeding devices capable of accepting more than 10 rounds.
  • Protects legitimate hunters and the rights of existing gun owners by:
    • Grandfathering weapons legally possessed on the date of enactment
    • Exempting over 900 specifically-named weapons used for hunting or sporting purposes and
    • Exempting antique, manually-operated, and permanently disabled weapons
  • Requires that grandfathered weapons be registered under the National Firearms Act, to include:
    • Background check of owner and any transferee;
    • Type and serial number of the firearm;
    • Positive identification, including photograph and fingerprint;
    • Certification from local law enforcement of identity and that possession would not violate State or local law; and
    • Dedicated funding for ATF to implement registration

A pdf of the bill summary is available here.

Larry Pratt, GOA, Endorses Darrell Sorrells for OK County Sheriff!

November 1, 2012
Today, as Oklahoma’s Open Carry Law goes into effect and citizens across the state are exercising their right to open carry, the Sorrels for Sheriff Campaign is honored to announce that Darrell Sorrels has received the endorsement of Mr. Larry Pratt, Executive Director of Gun Owners of America. For over 30 years, Mr. Pratt has been Executive Director of GOA, a national membership
organization of 300,000 Americans that continually work to preserve their Second Amendment right to keep and bear arms.
As Sheriff, Darrell Sorrels will be committed not only to keeping the citizens of Oklahoma County safe, but to protecting their freedoms as well. Again, we are truly honored to have the confidence and support of Mr. Larry Pratt of Gun Owners of America.

Dear Mr. Sorrels,
Gun Owners of America is pleased to endorse you for Sheriff of Oklahoma County. Your record of service in law enforcement, along with your staunch
commitment to uphold the Constitution, make you the best candidate for this office.
Larry Pratt
Executive Director
Gun Owners of America

Read, Share or Download the GOA Endorsement Letter

 

Examiner.com: No Guns for Anyone – Sheriff Whetsel and Gun Control

Kaye Beach

Oct. 26, 2012, updated Oct. 29, 2012

I hate to be an absolutist but after years of studying the International Association of Chiefs of Police, it is my firm opinion that any Sheriff candidate associated with the organization is pretty much a no go.  There are a number of police associations to choose from and a choice to band together with this one is out of them all has to be the product of a pronounced ideology that for many Americans, especially pro Second Amendment Americans, is repulsive.

Alan Gottlieb, founder of the Second Amendment Foundation, was also critical of the IACP, which he told Cybercast News Service “represents a lot of appointed police chiefs from a lot of totalitarian and dictatorship countries where human rights are constantly violated and freedom of the press doesn’t even exist.”

“There isn’t a gun-control proposal that this organization hasn’t supported. . .” 

http://cnsnews.com/news/article/international-police-chiefs-advocate-more-gun-control

I think that any officer of the law that does not trust law abiding citizens with a gun, doesn’t deserve our trust.

This excellent article posted today at the Examiner.com takes a look at the latest IACP anti-gun Resolutions and points out the fact that Sheriff John Whetsel was a past President of the International Association of Chiefs of Police.  Whetsel, as IACP President, in 1995,  actively worked to suppress right to carry legislation in the states including Oklahoma.

No Guns for Anyone – Sheriff Whetsel and Gun Control

Here is  1995 internal IACP strategic plan document to undermine or eliminate right to carry legislation.

The plan was to kill the bills if possible and if not to encumber the legislation with a number of burdensome requirements to deter lawful citizens from obtaining a permit.
For example, Item 5 on page 6 of the document suggests making it a criminal offense, a felony rather than a misdemeanor,  to carry with an expired permit.
Another example is item #14 on pg 7. Require a separate CCW permit for each individual weapon and limit permit holders to one gun purchase per month.

President Clinton thanked John Whetsel personally in 1994 for his help in passing the Brady and Crime Bills.  The “Crime Bill” that Clinton makes reference to is actually ‘The Violent Crime Control and Law Enforcement Act’  This was the Act that established a ban on “Assault Weapons” which lasted from 1994 to 2004.  Clinton Whetsel 1994

The Examiner.com looks into this a little deeper here

I have been barking about the International Association of Chiefs of Police for years.

The IACP is an international, non governmental organization accredited by the United Nations and is a ‘Member of the UN POLICE COMMUNITY’ http://www.un.org/en/peacekeeping/sites/police/community.shtml

This organization has been instrumental in bringing about profound changes to our nation politically, technologically and culturally and not necessarily for the better.  They are the thought leaders, the change agents in American law enforcement.

You would be hard pressed to find even one of the Ten Amendments to the  US Constitution that the policies pushed by the IACP has not insulted but one of the most telling positions taken by the organization is their stance on the Second Amendment.

Steven Spingola, a well respected former homicide detective sums the IACP up very well as;

“a global organization that views the American Constitution as an obstructionist document.”

The IACP has a long history of anti-Second Amendment stances.

They have actively supported every piece of gun control legislation since the 1960’s. The organization is long time, bitter enemies with the NRA and other pro-Second Amendment groups.

IACP President, Quinn Tamm,  in 1971 actually said that a brick was a safer weapon for self defense that a handgun.

Nothing has changed since then. (See the 2012 Resolutions issued by the IACP)

For a litany of anti-gun antics from the IACP in recent times, read this.

The IACP opposes;

•expansion of concealed carry
•50-caliber rifles
•private sales of gun
•gun shows
•so-called “assault” weapons

The IACP Supports;

•Limiting the number of handguns law abiding citizens can purchase
•five-day “cooling off” or waiting periods
•Legislation to allow federal health and safety oversight of the firearms industry.
•State, local, and tribal governments mandating specific storage methods of guns
•Repealing  the Tiahrt Amendment, a federal law that protects sensitive federal gun trace data from general access.
•Gun surrender programs

This international organization is highly political.  Some of the activities of the IACP include lobbying and testifying before Congress, doing research and policy development, setting professional standards and providing accreditation for US police departments.  The IACP promotes and writes guidelines for police technology, trains and educates law enforcement as well as managing and administering numerous programs for the federal government.

But Whetsel asserts that law enforcement is not about politics.

If that is so, why choose to forge ties with an incredibly political organization like the IACP?

John Whetsel at the 2011 IACP Conference

Sheriff Whetsel has a deep and longstanding and continuing relationship with the IACP. He attends IACP yearly conferences and is a member of the IACP Executive Committee and an active member of at least one IACP subcommittee.

And it is all very convenient to say it is not about politics when he is under pressure to defend his ideology that as the Sheriff absolutely does matter!  I have spent many hours at the state capitol and have witnessed the Sheriff’s armed lobbyists working diligently on highly political matters and the Sheriff.  As you can imagine the Sheriff has quite a lot of pull up there, you know, where they make laws that impact the free exercise of your rights.  And Whetsel, like the IACP,  does not have a reputation of  being very concerned with protecting any of those Ten Amendments.

REAL ID-Great for Gun Control and a whole lot more!

Kaye Beach

Oct. 16, 2012

Prescient words from 2008;

The long-term plan for REAL ID is to force its biometric ID functions on federal, state, local and private entities for all transactions. Thus, ID confirmation by a distant bureaucracy becomes permission for essential daily activities including banking, doctor visits, transit, school attendance and purchases — including guns.

. . .By participating in REAL ID, Pennsylvanians will be subjected to scrutiny by a host of federal agencies with every swipe of a REAL ID card. This is de facto gun registration, only worse. Once a gun buyer is identified, other information such as military service, purchases, rentals, travel, and medical history will be easily cross-referenced and subjected to interpretation. It’s inevitable that politicized standards will emerge that can be used to deny Pennsylvanians the right to keep and bear arms — everyone except violent criminals and politicians’ bodyguards.

Read more

Yesterday was the deadline for states to notify the Dept. of Homeland Security as to whether or not they will be in material compliance with the REAL ID Act of 2005.

The deadline for compliance with the REAL ID Act has been moved up three times since the law was passed.  Now we have almost reached the final deadline.

DHS expressed confidence at the end of August this year that all states would be in significant compliance with the law by Jan. 15 2013, the final deadline for state compliance for REAL ID.

“All 56 states have submitted some documentation of their status with respect to the material compliance benchmarks or “elements” of REAL ID to DHS since 2009. On the basis of the total dataset of states reporting, all states meet or commit to meet 83 percent of the material compliance benchmarks, which DHS believes may understate state progress.”

Americans have taken note of the fact that demands for ID and even the swiping of their driver’s license has exploded.  Now that resistance by the states to the national/international ID card has been largely overcome – watch out!  REAL ID will be increasingly required for just about every thing you need, including guns.

This is what REAL ID was made for.

Remember 25 states passed either a law or resolution prohibiting the implementation of REAL ID, including the great state of Oklahoma.  But they have just about pulled it off anyways.  Oklahoma is a mere 1 benchmark away from material compliance.  And other states are seeing “stars”

Back in 2009, Mayors Against Illegal Guns were already smacking their lips at the prospect of using REAL ID for gun control.

Recommendation 3: The Department of Homeland Security (DHS) should require REAL ID-compliant identification for all gun purchases after December 1, 2014.  read more

One little known fact about REAL ID is that there is no statutory limit on “official purposes” that the REAL ID can be required for. (There are currently three official purposes; boarding a commercial airliner, entering a federal building and nuclear facility)  What this means is that the Secretary of the Dept. of Homeland Security has unfettered authority to add anything she likes to official purposes that require a REAL ID.  That could be guns, ammo, prescriptions . . . anything.

Read more about REAL ID

REAL ID- MORE Than Just Drivers License Control and Expanding Rapidly

Tonight on AxXiom For Liberty- Jonathan Small, OPCA and Doug Friesen, Gun Rights Attorney

Kaye Beach

Sept. 7, 2012

Listen Live online from 6-8PM CST on LogosRadioNetwork.com

Regular co-host Howard Houchen is back tonight!

We will be talking about our experiences at the recent Republican National Convention where both Howard and I were delegates.

Then we are pleased to welcome Jonathan Small, C.P.A., who serves as Fiscal Policy Director for OCPA, the Oklahoma Council of Public Affairs. 

Jonathan will be telling us all about the 2012 Liberty Gala featuring Arthur Davis as the keynote speaker.

October 10, 2012

6:00 Reception • 7:00 Dinner & Program

Downtown Double 2012 Tree Hotel

Tulsa, Oklahoma

To reserve your ticket(s), complete the online registration form. For more information, contact Rachel Hays at (405) 602-1667 or rachel@ocpathink.org.

Our next very special guest is Doug Friesen.  Friesen is a leading gun rights attorney having  represented more than 25 use of deadly force cases.  You have probably seen Mr. Friesen on the news as he is a frequent guest expert invited to weigh in on issues surrounding gun laws and the Second Amendment. He also teaches the legal portion of the Concealed Carry Course at H&H Gun Range and hold seminars on many topics including Conceal and Open Carry Laws.

Tonight, Doug is going to be telling us about his  Second Amendment Protection Plan.    

Friesen is also defending Jerome Ersland in his appeal against the life sentence he was given for who shooting and killing one of the two would be robbers who entered his store back in 2009.

Read more about Doug Friesen and his Second Amendment Plan

Your comments and questions are welcome! The call in number is 512-646-1984

After you shoot, the police are coming: The Second Amendment Plan

Kaye Beach

August 15, 2012

Here’s an interesting idea that might be worthy of the consideration of those who own guns.  It is a plan offered by Attorney Doug Friesen to protect you should you ever have to use your weapon to defend yourself or loved ones: The Second Amendment Protection Plan.

Doug Friesen is a leading gun rights attorney having  represented more than 25 use of deadly force cases.  You have probably seen Mr. Friesen on the news as he is a frequent guest expert invited to weigh in on issues surrounding gun laws and the Second Amendment. He also teaches the legal portion of the Concealed Carry Course at H&H Gun Range and hold seminars on many topics including Conceal and Open Carry Laws.

After you shoot, the police are coming.   At this point you are going to be upset or in shock and just because you were justified in firing the gun does not mean you have nothing to worry about.  This is when the expertise of someone like Doug Friesen would be extremely valuable.

The plan Mr. Friesen provides may not be for everyone and he does welcomes any questions you might have about his plan.  In brief, the plan provides for a monthly fee, Attorney Doug Friesen on call 24/7 should you be involved in any gun related incident, protection from inadvertent self-incrimination, full legal representation up to the point that charges are filed and more.

It would certainly be better to have a plan in place than to wait until you are upset and in shock after defending yourself with deadly force to think about what not to say and do.  I think it is safe to say that if Jerome Ersland had of had such protection, he wouldn’t be serving a life sentence for his use of deadly force against the would be robber. While we may have the luxury of second guessing Ersland’s response to the attempted armed robbery, the fact is that Mr. Ersland was minding his own business when these two young men decided to victimize him. That he was given a life sentence for his response to this crime is a travesty of justice.   Doug Friesen thinks so too and is taking on the job of Ersland’s appeal of his life sentence conviction.

http://newsok.com/oklahoma-city-pharmacist-convicted-of-murder-gets-new-lawyer/multimedia/video/1557266620001

We know that gun ownership can ensure we make it out physically alive.  Doug Friesen’s Second Amendment Plan may be just the thing to ensure we also legally survive

Have a look at Friesen’s plan and his website at www.yourgunlawyer.com

Could UN arms treaty infringe on US Constitution?

Kaye Beach

This is something to watch.

 

See Fox News’ video with Larry Prat

http://video.foxnews.com/v/1719546416001/

From Gun Owners of America  

UN Gun Grabbers Hard at Work Against Your Gun Rights
Even as Americans prepare to celebrate Independence Day, UN bureaucrats are hard at work plotting to take away your gun rights.
The UN Arms Trade Treaty, which is in the final stages of being drafted, is a backdoor attempt by the Obama administration to impose radical gun control on America citizens.
What can U.S. gun owners expect from the treaty? For starters, the treaty could:
* Require the registration and licensure of American firearms;
* Ban large categories of firearms;
* Require the mandatory destruction of surplus ammo and confiscated firearms;
* Define manufacturing so broadly that any gun owner who adds an accessory such as a scope or changes a stock on a firearm would be required to obtain a manufacturing license, and;
* Require “microstamping” of ammunition.
What’s more, the treaty could also be self-executing, meaning it would achieve its anti-gun objectives whether or not implementing legislation was passed by Congress.
The battle is heating up, and the media are starting to take notice. Just today, GOA ’s Larry Pratt appeared on Fox News with Megyn Kelly to discuss the UN treaty. You can view the video here.
Gun Owners of America has rallied the Senate opposition to this global gun grab. GOA worked with Sen. Jerry Moran (R-KS) to get other Senators on record opposing the treaty. We are also pushing legislation to defund the Obama administration’s role in pushing the UN gun control agenda.
Negotiations on the treaty will continue through the summer, a time when many Americans are not necessarily focused on politics. But we can’t let up the pressure fighting this backdoor gun ban attempt by Obama, Hillary Clinton, and international gun grabbers.
Thanks to your support, GOA will continue to lead the fight against the Arms Trade Treaty. Click here to help GOA defeat the UN gun control agenda.
And as we celebrate liberty and the birth of our nation, please have a safe and happy Independence Day.

OK2A: A Banner Day for the Second Amendment

Kaye Beach

April, 26, 2011

“It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, …”

 OK2A says;

Today (April 26) has been a banner day for OK2A and all Oklahoma gun owners.  Several major 2A bills passed the House today, among them open carry.

In summary;

SB1733 licensed open carry and private property open carry

SB1760 which will  “prohibit the government (state or local) from confiscating weapons or prohibiting the otherwise legal possession, use, carry, sale, etc of firearms, ammunition, or accessories and it allows for civil recourse if the government violates the law.”

and SB1785 which grants reciprocity to visitors from non-permitting states.

A big Thank you to OK2A!!!

Go to OK2A for the full accounting of these bills.