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Old February 20th, 2013, 07:01 PM   #1
MigraineMan
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Extending the SB281 logic

Maryland Senate Bill 0281 seeks to restrict firearms ownership for the ostensible purpose of reducing crime and protecting children. Specifically, certain firearms and accessories will become prohibited items, and citizens will be required to meet additional requirements prior to being granted permission to own firearms - enhanced background checks, mandatory licensing, compulsory education, and mental health screening are among the "enhancements."

If you find the logic in these restrictions to be sound (i.e. restrict <thing> to reduce crime,) then that would suggest that expanding this same logic to other areas would produce similar benefits. Let's examine some scenarios:

01. The right to free speech is largely considered "not absolute," in that incitement to riot and yelling "fire!" in a crowded theater can cause substantial harm to others. Every individual is capable of speaking in a manner that can cause harm to others, may be criminal, and would present danger to our children. Senate Bill XXX01 prohibits Assault Speech, and creates an Assault Speech Registry to prohibit criminals from verbally assaulting innocent citizens and children. Prior to contributing written or verbal testimony, evidence, or other documentation into a public forum or government process, individuals shall submit to a comprehensive Assault Speech Registry background check to confirm the individual's eligibility to participate in a designated Free Speech Activity. Further, prior to participating in electronic communications or submitting editorial contributions to newspapers, journals, or other publications, individuals shall obtain a Free Speech License from the State, shall successfully complete a minimum of 8 hours of Free Speech Training classes, and shall obtain a certification from a medical professional in the field of Mental Health regarding the individual's abilities to refrain from issuing Assault Speech in a public environment. Exercising Free Speech privileges without proper oversight, licensure, training, and certification will be considered a misdemeanor punishable by up to 3 years in prison.

02. Creating and raising children is one of the most important responsibilities individuals may undertake, yet there are untold crimes of violence committed against children by their parents. Senate Bill XXX02 prohibits Parental Assault Against Children, and creates a Parental Assault Registry to prohibit criminals from becoming parents. Individuals who seek to become parents shall submit to a comprehensive Parental Assault Registry background check prior to engaging in baby-making activities. Additionally, for each child desired, prospective parents shall obtain a Parental Authorization License from the State, shall complete a minimum of 16 hours of classroom Parental Proficiency training, and shall obtain a certification from a state-licensed Pediatrician that the applicant(s) are suitable for Parental responsibilities. Once a child is born, parents shall be subject to annual in-home safety inspections performed by State Police. Individuals raising children without proper oversight, training, licensure and certification, or who refuse access for the annual safety inspections, shall be considered guilty of a felony punishable by up to 10 years in prison.

03. Selecting representatives and voting on sensitive issues is an incredibly important civic responsibility. However, casting ignorant or uninformed votes can result in significant social or economic harm to others. Senate Bill XXX03 establishes a Qualified Voter Registry to prohibit individuals from casting votes out of ignorance or malice. Prior to voting, individuals shall submit to a comprehensive Qualified Voter Registry background check. The Qualified Voter Registry maintains a history of all votes cast by an individual, identifying pattern-based voting habits and habitual non-voting behavior. Votes are cross-referenced with a State and National Vote Registry Database, providing statistical validation of the individuals' votes. Scoring below a two-sigma variance of the State mean value is grounds for review by the State Board of Election Compliance. Individuals with deficient qualifications shall be placed on Probational Voting Basis, shall be required to complete a minimum of 8 hours of Voter Responsibility training, and shall obtain a certification from a medical professional in the field of Mental Health that the individual is mentally capable of voting in a non-harmful-to-others manner. Attempting to vote without appropriate qualifications shall be considered a misdemeanor punishable by up to 2 years in prison.

04. The legal system (due process, trial by jury, confronting your accuser, et al) is a powerful tool that is often abused by meritless and frivolous motions and procedures. Criminals often exploit technicalities to reduce or eliminate their exposure to prosecution. Senate Bill XXX04 prohibits Legal System Abuse, and creates a Judicial Action Registry to prevent criminals from abusing due-process to their advantage (and to the disadvantage to our children.) Prior to seeking relief in a court of law, plaintiffs shall submit to a comprehensive Judicial Action Registry background check. Further, as civil actions consume substantial State resources, prior to filing suit plaintiffs shall obtain a Civil Action Certification License from the District Court, and shall complete 8 hours of Court Procedures and Policies training. Filing a civil action without proper oversight, licensure, training and certification shall be considered a misdemeanor punishable by up to 1 year in prison and immediate summary judgement against the plaintiff.

If you find these suggestions infuriating, or quite possibly insane, I would ask the simple question "why?" Most likely, the answer will be "I have a right to <activity>, they can't do that!" And if you lose the right to bear arms, how would you prevent this?

If you value any of your rights, you need to defend them all.
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Old February 20th, 2013, 07:18 PM   #2
Ozzy
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Don't joke its that scary I love my Country but they are tearing her apart.
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Old February 20th, 2013, 07:33 PM   #3
camirish1
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Don't give them any ideas! A joke for us is a good idea for them!
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Old February 20th, 2013, 08:15 PM   #4
Jaybeez
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if you are in a crowded theatre, and it happens to be on fire, you would be a poor excuse for a human if you didn't yell "fire" as a warning to others.


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Old February 20th, 2013, 08:18 PM   #5
ENT Shooter
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Thought provoking post to be sure.
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Old February 20th, 2013, 09:00 PM   #6
MigraineMan
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Honestly, I wasn't going for humor with this. I had a conversation with my brother-in-law last weekend - he's very much not a firearm person. He rolled his eyes when I mentioned that I was actively opposing the proposed restrictions, but he was confused when I stated "It's not about the guns."

SB0281 is downright unconstitutional on multiple fronts. Most obviously, it converts my right to bear arms into a privilege that is immediately taxed. Per Murdock v. Pennsylvania, back in 1943,
Quote:
Page [319 U.S. 105, 113] reads... The privilege in question exists apart from state authority. It is guaranteed the people by the federal constitution. viz., The state cannot and does not have the power to license, nor tax, a Right guaranteed to the people.
Further, it violates my 5th Amendment right to due process - a physician may strip me of my right to bear arms by entering my name into the database. There is no court oversight, nor is there opportunity to challenge the accusation. To remove my rights, the burden of proof is necessarily on the State. Under 281, I would be convicted (let's call it what it is) by the physician, then left to attempt to prove my innocence and restore my right to bear arms.

Further further, 281 creates a caste system by way of exemptions for law enforcement personnel and others deemed worthy by the State.

So no, I was not trying to be funny. It's not funny at all.
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Old February 21st, 2013, 05:44 AM   #7
rob-cubed
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While all of us would be happy to see those jackasses at Westboro Baptist church quieted by "reasonable restrictions" on 1A... you can't restrict the rights of the majority based on a handful of people who misuse that right. I don't know why most of our lawmakers don't get that.
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Old February 21st, 2013, 04:34 PM   #8
MigraineMan
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And now it's even less funny in Illinois:
Illinois state senator pushes anti-anonymity bill
Quote:
A recently introduced bill in the Illinois state Senate would require anonymous website comment posters to reveal their identities if they want to keep their comments online.

The bill, called the Internet Posting Removal Act, is sponsored by Illinois state Sen. Ira Silverstein. It states that a “web site administrator upon request shall remove any comments posted on his or her web site by an anonymous poster unless the anonymous poster agrees to attach his or her name to the post and confirms that his or her IP address, legal name, and home address are accurate.”
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