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Wyoming gun owners could violate federal law
trib.com ^ | 11 July, 2011 | JOAN BARRON

Posted on 07/13/2011 7:42:14 PM PDT by marktwain

CHEYENNE — A traveler driving along Interstate 25 at Cheyenne will come within 1,000 feet of Jessup Elementary School.

If that Wyoming driver is carrying a weapon in the vehicle without a concealed weapon permit, he or she is in violation of a little-known federal law.

The Federal Gun Free School Zone Act of 1995 makes it a crime to possess a functional firearm on public property, such as sidewalks, roads, highways, parks or fairgrounds within 1,000 feet of the property line of any elementary, middle or high school.

The penalty for violations is up to five years in federal prison and the permanent loss of the offender’s right to own a firearm.

The National Coalition for Amending the Federal Gun Free School Zone Act of 1995 is alerting Wyoming residents to the existence of the federal ban, given that the state’s new law allowing residents to carry handguns without permits is in effect.

“Anyone who carries in a populated area without a Wyoming permit is unavoidably committing multiple federal felonies,” said Grant Chapman of Oklahoma.

Chapman is working with the coalition and other gun rights organizations, including the Western Wyoming Riflemen’s Association based in Afton, to get the federal law changed.

(Excerpt) Read more at trib.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; US: Wyoming
KEYWORDS: banglist; constitution; democrats; donttreadonme; govtabuse; guncontrol; liberalfascism; rapeofliberty; school; tyranny; wy
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This is one of the most insane federal laws that have been passed. It is a direct infringement on the Second Amendment of the Constitution.
1 posted on 07/13/2011 7:42:20 PM PDT by marktwain
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To: marktwain

“committing multiple federal felonies”

There’s plenty of bad guys commiting felonies...go after them; leave these truckers alone!


2 posted on 07/13/2011 7:46:07 PM PDT by choctaw man (Good ole Andrew Jackson, or You're the Reason God Made Oklahoma...)
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To: marktwain

Yes, not only is it an affront to the Constitution, but as a practical matter is stupid. Take a map of a typical town and draw 2000’ diameter circles around every such regulated location. Then to the area inside the circle, add the area of regions not within a circle but tyranny-locked (like “land locked”) because they’re completely surrounded by rights-free zones. You’d probably be off limits in most of a typical town.


3 posted on 07/13/2011 7:46:19 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: marktwain
Bill Clinton's Legacy.
4 posted on 07/13/2011 7:47:39 PM PDT by TYVets (Pure-Gas.org ..... ethanol free gasoline by state and city)
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To: Still Thinking
Yes, not only is it an affront to the Constitution, but as a practical matter is stupid. Take a map of a typical town and draw 2000’ diameter circles around every such regulated location. Then to the area inside the circle, add the area of regions not within a circle but tyranny-locked (like “land locked”) because they’re completely surrounded by rights-free zones. You’d probably be off limits in most of a typical town.

I am convinced that what you have described was *exactly* the intent of those who designed the law. It serves no reasonable purpose other than to whittle away at our Constitutional rights.

5 posted on 07/13/2011 7:48:32 PM PDT by marktwain
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To: marktwain

As if anyone respects the Feds anymore.


6 posted on 07/13/2011 7:58:50 PM PDT by Da Coyote
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To: marktwain; Still Thinking
You’d probably be off limits in most of a typical town.

Consider how many people would be in violation sitting in their own living room simply because of their proximity to a school.

They have in effect lost their 2nd amendment rights because the fools in Washington passed a law after they chose to buy a house close to a public school.

7 posted on 07/13/2011 7:59:28 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: marktwain

“I am convinced that what you have described was *exactly* the intent of those who designed the law. It serves no reasonable purpose other than to whittle away at our Constitutional rights.”

Easy solution...clean up the law...and see who stands with you. I particularly HATE these kinds of laws since they can be used against people, or threatened against people, forever. If they never carry through with a trial, the law NEVER gets tested in court and hangs over everyone who happens to cross that invisible circle. For example, suppose it is late October 2012 and Sarah is giving a speech to the NRA and mentions that she’s carrying - and she’s 852 feet from a school. SWOOP!!, the feds, led by Eric Holder arrest her and it’s election over...


8 posted on 07/13/2011 7:59:41 PM PDT by BobL (PLEASE READ: http://www.freerepublic.com/focus/f-news/2657811/posts)
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To: marktwain

Loaded or unloaded? Ammo in the car or not?


9 posted on 07/13/2011 8:00:44 PM PDT by SkyDancer (You know, they invented wheelbarrows to teach FAA inspectors to walk on their hind legs.)
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To: marktwain

This law was struck down by SCOTUS and was immediately re-instated with new legislation by Congress. It has not since been challenged again.

This should be a slam dunk considering the Clinton era Congress showed quite the contempt for SCOTUS over this.


10 posted on 07/13/2011 8:01:53 PM PDT by BCR #226 (02/07 SOT www.extremefirepower.com...The BS stops when the hammer drops.)
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To: Still Thinking
“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against—then you’ll know that this is not the age for beautiful gestures. We’re after power and we mean it. You fellows were pikers, but we know the real trick, and you’d better get wise to it. There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there it that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted—and you create a nation of lawbreakers—and then you cash in on guilt. Now that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”

Atlas Shrugged

11 posted on 07/13/2011 8:03:49 PM PDT by Roccus (Obama & Holder LLP, Procurers of fine arms to the most discerning drug lords (202) 456-1414)
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To: marktwain

How much longer are we all going to sit back and watch the slow, gradual strangulation of our freedom. Every day it seems as though there is a new, insidious assault on our freedom uncovered. Without the internet and talk radio we’d really be driving in the dark. This vile monstrosity in the People’s House is obviously working to destroy this nation as we’ve known it. I’ve never been a paranoid type, but it is now undeniably a scheme to make saul alinsky smile up from the lake of fire he is in. There are a lot of us who love and cherish the Constitution and would give our lives in defense of it, but the left’s goal all along has been to destroy and rebuild in lenin and marxs image.


12 posted on 07/13/2011 8:04:02 PM PDT by karbine
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.


13 posted on 07/13/2011 8:05:55 PM PDT by loungitude ( The truth hurts.)
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To: marktwain

I thought this was struck down by SCOTUS


14 posted on 07/13/2011 8:07:08 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Pontiac; All
Consider how many people would be in violation sitting in their own living room simply because of their proximity to a school. They have in effect lost their 2nd amendment rights because the fools in Washington passed a law after they chose to buy a house close to a public school.

There are a number of exceptions in the current federal gun free school zone law. Here are a few: If you are on private property.

If you are in a vehicle passing through, and the gun is unloaded and in a locked case.

If you have a permit to carry the gun, issued from the state you are in.

If you are hired by the school and have permission from them.

15 posted on 07/13/2011 8:07:14 PM PDT by marktwain
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To: Still Thinking
You’d probably be off limits in most of a typical town.

Exactly the point.

16 posted on 07/13/2011 8:07:34 PM PDT by Titus Quinctius Cincinnatus ("Armed forces abroad are of little value unless there is prudent counsel at home." - Cicero)
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To: choctaw man

If you look at all of the government policies, codes, laws, and regs on the books one way or another you are committing state and federal felonies and misdemeanors.

Think about it a second. The EPA’s new regs classify CO2 as a pollutant. Just by you exhaling makes you a law breaker!

This is what happens when we let the Left run this country. You have a bunch of insane, crazy, whacked out people making insane policy, laws, and regs. One day humanity will look back at America and Europe and ask how did we allow this to occur.


17 posted on 07/13/2011 8:10:42 PM PDT by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: MileHi; All
I thought this was struck down by SCOTUS

It was, then former President Bill Clinton demanded that Janet Reno "find a way" to implement a new, essentially the same, version.

As I recall, Clinton used the power of the MSM and a coming adjournment of the Congress to get the law passed. He said that he would not allow the Congress to adjourn and go home to campaign in their home districts until they passed this law.

18 posted on 07/13/2011 8:11:08 PM PDT by marktwain
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To: All

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19 posted on 07/13/2011 8:14:29 PM PDT by DeoVindiceSicSemperTyrannis (Want to make $$$? It's easy! Use FR as a platform to pimp your blog for hits!!!)
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To: marktwain
So a solution is to have another law passed that sends out a "license" with the statement "you passed the required course" to everybody in the state.

require such a document to be included with motor vehicle registration.

And yes, the law is stupid. For one thing it leaves our schools full of children open to being attacked by crazy people and criminals with firearms.

This 1000 foot law would have given Jared an open field and he could have killed hundreds of children with no one around to stop him.

Chucky Schumer was undoubtedly involved in this ~ and he hates children. Guy can't get his fill of dead babies. That idiot Wiener used to be his top staff aide, and both of them represented the same nasty district in New York City.

Wiener's corrupt legislation has to be cleaned up and this is one place to start.

20 posted on 07/13/2011 8:18:53 PM PDT by muawiyah
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To: marktwain; Abundy; Squantos; Joe Brower

Need more info, I don’t think this is a problem.


21 posted on 07/13/2011 8:23:08 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: muawiyah

To the mind of a democrat liberal, this legislation will prevent things like that slaughter at a school which took place in Russia, because it would be against the law to have loaded weapons near a school. I am not joking, sadly.


22 posted on 07/13/2011 8:25:45 PM PDT by MHGinTN (Some, believing they can't be deceived, it's nigh impossible to convince them when they're deceived.)
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To: marktwain

This came up not so long ago when a new elementary school was going in some town here in Arkansas. The question was raised if it would make those homeowners who’s homes were within 1000 ft. of the planned elementary school would be instant felons... I don’t recall if there was ever a complete or “final” answer given... I guess it would be up to the ATF and the local authorities. Not a good position to be in.


23 posted on 07/13/2011 8:29:28 PM PDT by TheBattman (They exchanged the truth about God for a lie and worshiped and served the creature...)
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To: muawiyah; All
So a solution is to have another law passed that sends out a "license" with the statement "you passed the required course" to everybody in the state.

I think Montana actually did something very like that.

45-8-360. Establishment of individual licensure. In consideration that the right to keep and bear arms is protected and reserved to the people in Article II, section 12, of the Montana constitution, a person who has not been convicted of a violent, felony crime and who is lawfully able to own or to possess a firearm under the Montana constitution is considered to be individually licensed and verified by the state of Montana within the meaning of the provisions regarding individual licensure and verification in the federal Gun-Free School Zones Act.

History: En. Sec. 1, Ch. 317, L. 1995; amd. Sec. 1, Ch. 29, L. 1997.

24 posted on 07/13/2011 8:32:07 PM PDT by marktwain
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To: Roccus

Beat me to it...


25 posted on 07/13/2011 8:42:48 PM PDT by null and void (Day 904. When your only tools are a Hammer & Sickle, everything looks like a Capitalist...)
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To: Titus Quinctius Cincinnatus; Roccus; Pontiac; marktwain

You all make excellent points. Additionally, what about the first-in-time, first-in-right issue?? IOW, when a school is proposed to be built in a certain location, why would the municipality have the right to strip gun shop owners, homeowners, and regular users of nearby roadways of their rights without compensation or a careful study of the impact. Maybe locate schools so this law has the least impact on people who had rights they may have held dear. Has anyone ever even heard the issue raised when there’s talk of a new school?? Just one more line of proof that the law is invalid on its face.


26 posted on 07/13/2011 9:00:37 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: MileHi
I thought this was struck down by SCOTUS

Yes, in Lopez, on one of those rare days when they actually grasp the correct interpretation of the Commerce Clause, or close enough. IIRC, unable to resist their own statist impulses or take a chance of interfering with those of federal legislators, the court included an explicit roadmap of how to write a law stripping us commoners of our rights and word it in such a way that even that feeble level of regard for the Constitution and our rights might be avoided. Congress paid heed, and rewrote the law in a "Constitutional" form. Such are the results we get on one of those cold days in Hell when SCOTUS bothers to read CONUS.

27 posted on 07/13/2011 9:05:35 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: karbine

“How much longer are we all going to sit back and watch the slow, gradual strangulation of our freedom.”

What are YOU doing about it?


28 posted on 07/13/2011 9:05:35 PM PDT by ctdonath2 ($1 meals: http://abuckaplate.blogspot.com/)
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To: Still Thinking

Need to read up, I don’t think it is a problem but I may have missed something here.


29 posted on 07/13/2011 9:16:01 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: marktwain
Good info thanks.

So as soon as you step off of your property you have to have your firearm unloaded and in a locked case (useless) unless you get that state government issued permission to exercise your 2nd amendment rights.

30 posted on 07/13/2011 9:26:40 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: marktwain
Look at it this way. By using the Commerce Clause for this purpose, the feds get to violate the Second and the Tenth Amendments. A two-fer.
31 posted on 07/13/2011 9:33:26 PM PDT by Ken H
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To: marktwain
He said that he would not allow the Congress to adjourn and go home to campaign in their home districts until they passed this law.

Or else what? He DID realize he was in a separate branch of government, didn't he?

32 posted on 07/13/2011 9:39:58 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: TheBattman
This came up not so long ago when a new elementary school was going in some town here in Arkansas. The question was raised if it would make those homeowners who’s homes were within 1000 ft. of the planned elementary school would be instant felons... I don’t recall if there was ever a complete or “final” answer given... I guess it would be up to the ATF and the local authorities. Not a good position to be in.

Wow! In an earlier post, I asked if anyone had ever even heard this issue brought up when siting a new school. I'm pleasantly surprised to learn that, even if the statists blow it off, people are thinking about the issue.

33 posted on 07/13/2011 9:42:36 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Da Coyote
They don't want your respect, Mr. Coyote, they want your life.

34 posted on 07/13/2011 9:43:31 PM PDT by I see my hands (Embrace misanthropy)
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To: marktwain
As I recall, Clinton used the power of the MSM and a coming adjournment of the Congress to get the law passed.

I wasn't aware of this but the law was "reenacted" in '95 after the Gingrich led Pubbie Revolution in '94. Our very own Pubbies did this to us. Imagine that.

35 posted on 07/13/2011 10:03:42 PM PDT by ForGod'sSake (You have only two choices: SUBMIT or RESIST with everything you've got!!!)
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To: Pontiac
They have in effect lost their 2nd amendment rights because the fools in Washington passed a law after they chose to buy a house close to a public school.

Assuming they would bother to read the Constitution, they would come across the specific comment of "no Ex Post Facto". Ideally, this should prevent such a situation, but since when do judges care.......

36 posted on 07/13/2011 10:16:14 PM PDT by voicereason (The U.S.A. doesn't need sex......Obama is already screwing the country daily.)
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To: marktwain

“This is one of the most insane federal laws that have been passed. It is a direct infringement on the Second Amendment of the Constitution.”

Yep...how many schools are 100 feet from the road one drives by just passing it? Its BS.


37 posted on 07/13/2011 10:39:09 PM PDT by WKUHilltopper (And yet...we continue to tolerate this crap...)
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To: marktwain

When I was maybe 12..we were duck hunting near a river..the season was supposed to start at noon.

My brothers and I went to the river to get a place near the ponds..later I was walking on a small island..I was wearing hip waders I had patched with pieces of inner tubes.

Did not own a watch..the sun was high..was carrying a remington 16 pump, a vest laden with shells and..a hat but do not remember the type.

Two duck in the thickets took to flight..raised the remington..aimed..fired...pumped and fired..two ducks fell to earth.

Retrieved them..put in the back of my vest...a few minutes later a game warden appeared.

Seems the ducks died 15 minutes before the season started.

He asked to come with him..to his vehicle..he opened the trunk..and began to write...it was a ticket..

My two younger brothers joined me..both had shotguns..The warden asked me for my gun.

I refused. Told the officer I was not going to give him my gun. He looked at me and my brothers..closed the trunk and gave me the ticket.

My worry was not the game warden but my father.

I learned at the age of 12 a government official cannot take your guns.


38 posted on 07/13/2011 11:30:45 PM PDT by bushpilot1
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To: marktwain

“This is one of the most insane federal laws that have been passed. It is a direct infringement on the Second Amendment of the Constitution.”

And the 10th Amendment, the Irony is one of the few incidence where the Federal Employees in black robes pulled back from unlimited power was a case in which they were rejecting the assertion that they had the power to prohibit gun possession near a school as a matter of interstate commerce.


39 posted on 07/13/2011 11:42:46 PM PDT by Monorprise
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To: marktwain

It never dawns on these do gooder clowns, that criminals pay no attention to laws like this. You’re not protecting anyone with laws like this.

Hey, it’s a crime to kill a kid too. If that wasn’t happening once in a while, they wouldn’t need this law.

Duh!

What I love are the Republicans who try to sound intellectual and reasoned by saying, “I’m not opposed to reasoned gun laws.” Yep, and that’s how we get these idiotic laws. Too many thought they were reasoned.


40 posted on 07/13/2011 11:46:11 PM PDT by DoughtyOne ( Obama, from "the Audacity of Hope" to the audacity of a dope... NOPE 2012)
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To: TYVets

Well, yes, in that Clinton signed the law.

But the real instigator here was Herb Kohl. Snarlin’ Arlen was a co-sponsor.


41 posted on 07/13/2011 11:48:01 PM PDT by NVDave
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To: marktwain

This is a “Law” SCOTUS already overturned once!

The Klinton regime’s congress just passed a very slightly amended version and carried on as if nothing had happened.
Succeeding administrations of both parties have ignored this feculent travesty.

You can look forward to the current regime enforcing it with zeal.

And, what about those who live less than a thousand feet from school grounds, do they lose their RKBA and ability to defend themselves?

Freeways and major surface streets pass directly by, or even through, MANY schools.


42 posted on 07/14/2011 12:17:09 AM PDT by Loyal Sedition (Loyal Sedition, often described as "To the right of Attila The Hun"!)
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To: marktwain; Pontiac
If you have a permit to carry the gun, issued from the state you are in.

Have to wonder what effect this would have on the state granted "full reicprocity rights" of non-residents who do have a locally recognized permit from their home state.

43 posted on 07/14/2011 12:25:32 AM PDT by ApplegateRanch (Made in America, by proud American citizens, in 1946.)
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To: marktwain

It is only a gun free zone for the law abiding citizen :/


44 posted on 07/14/2011 1:48:35 AM PDT by moshiach
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To: marktwain

It isn’t just people in Wyoming who need to worry. Many States now allow citizens to carry a loaded gun in their car without a permit.


45 posted on 07/14/2011 3:11:47 AM PDT by SUSSA
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To: marktwain

how does that play out for hunters?


46 posted on 07/14/2011 4:01:46 AM PDT by SF_Redux (Sarah stands for accountablility and personal responsiblity, democrats can't live with that)
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To: Still Thinking; All
Or else what? He DID realize he was in a separate branch of government, didn't he?

The MSM was fully behind him. Internet was in its infancy. The situation was similar to today, where the Congress was run by Republicans (but with a smaller majority and lots of RINOs) and the government was going to shut down if they did not pass a continuing resolution or some such.

He threatened to veto the resolution and shut down the government and blame it on the Republicans if they did not pass the bill. The MSM (the real power behind the throne) backed him to the hilt.

The Republicans caved, not unexpectedly. They had very little media, and what they had was not focused on this issue.

To blame the congress for this is like blaming a whipped dog for cringing when he sees the lash.

I have said this many times. We have been living under a mediacracy for decades, instead of a Republic. We are just starting to come out from under it.

47 posted on 07/14/2011 4:22:55 AM PDT by marktwain
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Comment #48 Removed by Moderator

To: marktwain

Definitely. That’s the loophole in the federal law ~ that you have a license. At the same time seems to me the federal law about which everyone is concerned doesn’t stand up to the standards in Heller v.


49 posted on 07/14/2011 4:25:38 AM PDT by muawiyah
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To: marktwain

There is a law to trap every citizen if he/she is designated an enemy of the state. No one can go through life now without breaking some law. Selective enforcement of the law is used when deemed necessary to trap any enemy of the state. If this is not enough, UN laws will extend this ability to trap the average enemy of the people.


50 posted on 07/14/2011 4:34:46 AM PDT by Neoliberalnot ((Read "The Grey Book" for an alternative to corruption in DC))
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