On Thursday, May 20, 2010, Felipe Calderon, the president of Mexico, where prohibitive gun laws prevent good people from having firearms for protection against criminals and governments of dubious legitimacy (historically the norm in Mexico), encouraged Congress to reinstate the federal "assault weapon" ban. With a warning seemingly designed to appeal to those who believe that speaking out against the Obama Administration's policies are one step short of sedition or worse, Calderon said, "[I]f you do not regulate the sale of these weapons in the right way, nothing guarantees that criminals here in the United States with access to the same power of weapons will not decide to challenge American authorities and civilians."Calderon also misinformed Congress, claiming that violence in Mexico rose significantly after the U.S. ban expired in 2004. In fact, Mexico's murder rate has been stable since 2003 and remains well below rates recorded previously. However, he did not explain why violent crime has declined significantly in the U.S. since the ban expired, or how a ban on flash suppressors and bayonet mounts relates to drug thugs in Mexico or anywhere else.
Notwithstanding the Washington Post's judgment that Calderon "made a powerful case," we suspect his speech fell on mostly deaf ears in Congress and in Arizona, which he inappropriately criticized for having an illegal immigration enforcement law that is similar to Mexico's. But it had some effect, however. New York Democrat Rep. Carolyn McCarthy issued a statement incorrectly claiming that she has repeatedly introduced legislation to "reinstate" the ban. She has repeatedly introduced legislation, of course, but not to reinstate the ban. Rather, her bills have proposed to apply the "assault weapon" label to far more firearms than were covered by the expired ban, including the M1 Garand service rifle, the ubiquitous Ruger 10/22, and any semi-automatic shotgun or rifle a future attorney general might claim is not "sporting."
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Soap Box Ravings reminds readers that the military grade weapons (fully automatic) being used in Mexico by drug gangs are not normally available in this country. Many weapons used in Mexico came from the Mexican military after their owner was killed or they left the military to participate in the services of the drug lord involved.
Many other weapons have been purchased on the worldwide black market from illegal arms dealers who deal in military weapons.
United States Federal Firearms Regulations (in a nut shell):
It has been unlawful since 1934 (The National Firearms Act) for civilians to own machine guns without special permission from the U.S. Treasury Department. Machine guns are subject to a $200 tax every time their ownership changes from one federally registered owner to another, and each new weapon is subject to a manufacturing tax when it is made, and it must be registered with the Bureau of Alcohol Tobacco and Firearms (BATF) in its National Firearms Registry.
To become a registered owner, a complete FBI background investigation is conducted, checking for any criminal history or tendencies toward violence, and an application must be submitted to the BATF including two sets of fingerprints, a recent photo, a sworn affidavit that transfer of the NFA firearm is of "reasonable necessity," and that sale to and possession of the weapon by the applicant "would be consistent with public safety." The application form also requires the signature of a chief law enforcement officer with jurisdiction in the applicant's residence.
Since the Firearms Owners' Protection Act of May 19, 1986, ownership of newly manufactured machine guns has been prohibited to civilians. Machine guns which were manufactured prior to the Act's passage are regulated under the National Firearms Act, but those manufactured after the ban cannot ordinarily be sold to or owned by civilians.
(Sources: talk.politics.guns FAQ, part 2, "FAQ on National Firearms Act Weapons", and from the Bureau of Alcohol, Tobacco, and Firearms, National Firearms Act FAQ. See also, "The Firearms Owners' Protection Act: A Historical and Legal Perspective" [Hardy, 1986]) )
Twenty-five states have no further restrictions on civilian ownership of machine guns (some require registration with the state) than what is required by federal law. Other states have either placed further restrictions or outlawed operable machine guns to civilians entirely. For further details see NRA state firearm law summaries.
Based on the above information, Soap Box Ravings points out that machine guns (fully automatic weapons) can not change hands, be created or destroyed without the involvement of the federal government. If you own one, the federal government is watching it.
You would think that a politician trained as a constitutional lawyer would know all of this.
