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Ashcroft pledges to defend Brady law
CNN ^ | 5/31/02

Posted on 06/04/2002 10:08:51 AM PDT by pabianice

Edited on 04/29/2004 2:00:36 AM PDT by Jim Robinson. [history]

LOS ANGELES, California (CNN) -- The Justice Department will continue to defend the Brady handgun law, despite its recent policy declaration that the Second Amendment gives individuals the right to bear arms, Attorney General John Ashcroft said Friday.

"Reasonable regulations regarding the ownership of weapons are appropriate," Ashcroft said in an interview on CNN's "Larry King Live." "Those are reasonable regulations, and they're to be defended."


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


TOPICS: Crime/Corruption; Culture/Society; Politics/Elections
KEYWORDS: banglist; libertarians
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Very disappointing.
1 posted on 06/04/2002 10:08:51 AM PDT by pabianice
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To: pabianice
Very predictable.
2 posted on 06/04/2002 10:09:40 AM PDT by freeeee
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To: pabianice
Does the Brady Bill and Assualt Gun ban expire on Bush's watch? I thought they had 10 year sunset provisions
3 posted on 06/04/2002 10:21:39 AM PDT by 2banana
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To: bang_list
Bang
4 posted on 06/04/2002 10:39:32 AM PDT by Atlas Sneezed
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To: pabianice
The Brady law requires background checks before individuals can purchase weapons.

It ALSO requires that the serial number, model, and caliber of each gun be recorded and transmitted to the government.

I guess some of those guns have bad "backgrounds" that need to be checked?

5 posted on 06/04/2002 10:41:25 AM PDT by Atlas Sneezed
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To: pabianice
More speaking from both sides of one's mouth. I regrettably like many other unfortunate pragmatists on this forum will once again console myself with the knowledge that at least they are speaking from both sides of their collective pie holes rather than just one...LOL
6 posted on 06/04/2002 10:46:25 AM PDT by wardaddy
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To: pabianice
He has no choice but to uphold the Brady Law. It's the LAW! He can't pick and choose which laws he will and will not uphold, if he did the liberals would have him for lunch. It's up to congress to get rid of the bad laws, he's only the enforcer. Everyone gets their panties in a wad on this matter and he is only doing what he is sworn to do.
7 posted on 06/04/2002 10:47:36 AM PDT by ladtx
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To: freeeee
"Ashcroft pledges to defend Brady law"

How sweet.

8 posted on 06/04/2002 10:48:46 AM PDT by Lower55
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To: ladtx
Exactly right!
9 posted on 06/04/2002 10:49:26 AM PDT by Lower55
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To: pabianice
I sometimes wonder if Ashcroft clears his statements with Reno first. If he starts using that motto of Renos, "No credible evidence", I will quit.
10 posted on 06/04/2002 10:49:37 AM PDT by cynicom
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To: pabianice
"I think it's been clear in history that that right revocable, government-granted privilege inures to individual citizens of the United States," he said.

What part of "...shall not be infringed." don't you understand, Mr. Ashcroft?

11 posted on 06/04/2002 10:55:23 AM PDT by agitator
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To: ladtx
What you say is usually true, but his statements about the governments' view of a law or how it conflicts with previous statements by this administration do have an impact.
12 posted on 06/04/2002 10:55:25 AM PDT by wardaddy
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To: ladtx
He has no choice but to uphold the Brady Law. It's the LAW! He
can't pick and choose which laws he will and will not uphold,

Boy I wish Janet Reno had known that.

13 posted on 06/04/2002 11:02:33 AM PDT by itsahoot
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To: pabianice
What is an "unreasonable" law, Mr. Ashcroft, and what makes it unreasonable? Bans of cosmetic features? Total bans on handgun possession? Bans of manufacture of items that there exist legal versions of, like full-capacity magazines?
14 posted on 06/04/2002 11:04:02 AM PDT by coloradan
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To: ladtx
He has no choice but to uphold the Brady Law. It's the LAW! He can't pick and choose which laws he will and will not uphold, if he did the liberals would have him for lunch.

Exactly right. Apparently logic has escaped many a Freeper.

15 posted on 06/04/2002 11:04:46 AM PDT by KC_Conspirator
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To: ladtx
He has no choice but to uphold the Brady Law. It's the LAW!

All laws which are repugnant to the Constitution are null and void.

Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)

-archy-/-

16 posted on 06/04/2002 11:18:54 AM PDT by archy
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To: pabianice
Don't feel too disappointed yet, pabianice. General Ashcroft is just doing what he said he would do during his confirmation hearings. The real test of the constitutionality of gun laws may soon come with the Emerson case. SCOTUS is conferencing on Emerson's petition for cert this Thursday -- June 6. (D-Day.)

On the one hand, you have clear language in 2A that Congress may not infringe the right of the people to keep and bear arms who, under Title 10 of United States Code constitute both the "organized" (e.g., National Guard) and the "unorganized" militia (able-bodied individuals generally). Ashcroft's Justice Dept. has clearly subscribed to the "standard model" or individual right reading of 2A. As we well know from all the howling and wailing and gnashing of teeth on the Left these days....

Now comes the BIG question: How to conform "reasonable regulation" by Congress with the personal right language of 2A, which says Congress (at the federal level) is expressly prohibited to "infringe?"

Notwithstanding, Congress for the past 70 or so years has granted itself "jurisdiction" in the matter of firearms regulation by virtue of the Commerce Clause (Art. I, Sec. 8). Because any firearm and/or its components and/or its "consumables" (i.e., ammo) has presumably passed through interstate commerce at some point in time, and is "possessed" in a manner "in or affecting commerce" forever after, Congress thinks it has found a way to give itself "jurisdiction" to constitutionally "infringe" in the interest of "reasonable regulation." (Hey, as long as we own a product, any product -- and don't sell it, we still affect commerce by potentially changing the dynamics of supply and demand, thus the price level of that good....)

At the bottom of the Brady Law, at the bottom of the "felon-in-possession statutes," all you will find is the "constitutional fig leaf" of the Commerce Clause. Now we have to ask ourselves, the Framers being very suspicious of "big government," would they have understood or intended the Commerce Clause as an unlimited warrant to Congress to meddle in any matter on the basis of personal ownership of a mere "thing" having passed through interstate commerce once upon a time? If we say, yes, it can with respect to firearms (even though the plain language of 2A is that it mustn't), then why not any other product we happen to own as private citizens, regardless of whether it is constitutionally secured to us as an individual right?

Once Congress gets a foot in the door in this manner, it conceivably can go anywhere and everywhere it wants. Net-net, we individuals end up being "regulated" solely on the basis of things we have a perfect constitutional right to choose to own.

[But then, if we choose not to own such things because of all the "hassle" involved, then probably that would be "just fine" with Congress, too... See what I mean?]

Funny thing is, I never got this picture of the effect of the Commerce Clause on the regulation/regimentation of individuals in our society until I read Ted Olsen's two recent briefs (Emerson and Haney, two gun cases on appeal more or less issued as a "set," on May 6). Go figure. :^)

The government is requesting the Supreme Court to deny cert to Emerson. Also to Haney (a machine gun case). One wonders what the Supremes will decide to do about this one.... These are a highly complicated and quite dicey constitutional and public policy cases, preeminently U.S. v. Emerson. best, bb.

17 posted on 06/04/2002 11:25:22 AM PDT by betty boop
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To: archy
All laws which are repugnant to the Constitution are null and void.

As determined by the U.S. Supreme Court, not the Attorney General.

18 posted on 06/04/2002 11:26:30 AM PDT by ladtx
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To: Beelzebubba
It ALSO requires that the serial number, model, and caliber of each gun be recorded and transmitted to the government.

No it doesn't. I don't know what State you live in, but only "long gun" or "hand gun" is transmitted to the government. Yes, I realize that BATF can come into a store and look at the yellow sheets, but that is not quite the same as "transmitting to the government".

19 posted on 06/04/2002 11:29:22 AM PDT by FreeTally
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To: pabianice
The Brady law requires background checks before individuals can purchase weapons. Ashcroft said that measure, and other federal firearm regulations now in place, are reasonable and he will continue to defend them, as he pledged to do in his Senate confirmation hearings.

Its reasonable to ban weapons based upon cosmetic features? Its reasonable to attempt to ban weapons because they can "pierce armored limos", which only the wealthy and politicians have? Oh, go to hell, Asscroft.

20 posted on 06/04/2002 11:38:11 AM PDT by FreeTally
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