Thursday, April 11, 2013

Is there any wonder why Senator Patrick Leahy has been in the USA Senate for so long.

That should be a lesson to those with similar aspirations. 
On the other hand, MINORITY Leader McConnell seeks to empower criminality in our country. He would rather not contend with trafficking and instead be an NRA puppet. He bargains away lives for profit. He is a despicable man that uses power for his own purposes. A political career is an ambition; a personal ambition. There is nothing moral about Senator McConnell's conduct within the USA Senate.
I left off here:
``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2).
Oh, one other thing, straw purchasers are traffickers. They are performing a SERVICE to commit a crime.
Ms. Lanza was a trafficker for her son. She was a straw purchaser. While she may or many not have known about his plans (I think the police stated there was documentation found in the house.) She acted to purchase weapons he himself could not obtain. That is trafficking. She provided Adam with many weapons, too.
S. 443 (click here)
And just because a bill or law is not POPULAR does not mean it is not necessary, correct or needed. Senator Patrick Leahy is all to correct in his legislative abilities. It may not have the stamp of approval of the NRA, but, then what does that tell you about those that seek it.
``(2) If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, leader, supervisor, or manager, the person shall be sentenced to a term of imprisonment of not more than 25 years.
Still within the definition of trafficking, if your boss tells you to purchase a supply of weapons for his henchmen; don't do it. That is good advise and it is free.
``Sec. 934. Forfeiture and fines
``(a)(1) Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law--
``(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and
``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation.
All of this is nothing new. It is established law. It is why the POLICE RAID brings things back to the station as evidence. It is why judges rule on fines and liability of property. Nothing radical.
    (b) Title III Authorization.--Section 2516(1)(n) of title 18, 
United States Code, is amended by striking ``and 924(n)'' and inserting 
``, 924, 932, or 933''.
    (c) Racketeering Amendment.--...
    (d) Money Laundering Amendment.--....
    (e) Directive to Sentencing Commission.--...
    (f) Technical and Conforming Amendment.--...
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''
The 932, 933 and 934 referred to in the law are the ones above. Now, if you are sincerely interested in reading the language of this section, then I am not the one to read it to you; a lawyer is. See, I don't find it threatening or the least bit interesting.
SEC. 4. AMENDMENTS TO SECTION 922(D).
Section 922(d) of title 18, United States Code, is amended--
(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or
``(11) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law.
Now the section below is really very interesting and speaks to the confidence the USA has in licensed individuals to carry out lawful activities surrounding guns.
This subsection shall not apply with respect to the sale or disposition 
of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.''.
The original law is below.
§ 925 - Exceptions: Relief from disabilities (click here)...shall not apply with respect to the transportation, shipment, receipt, possession, or importation of any firearm or ammunition imported for, sold or shipped to, or issued for the use of, the United States or any department or agency thereof or any State or any department, agency, or political subdivision thereof.
(2) The provisions of this chapter, except for provisions relating to firearms subject to the prohibitions of section 922 (p), shall not apply with respect to
(A) the shipment or receipt of firearms or ammunition when sold or issued by the Secretary of the Army pursuant to section 4308 of title 10 before the repeal of such section by section 1624(a) of the Corporation for the Promotion of Rifle Practice and Firearms Safety Act, and...
Get the picture on this one? It is about allowing government to function to carry out duties in relation to national security. If the USA government is trafficking weapons to criminals then we have far more to worry about then we can possibly imagine.
This section below is a really good section. It is where the bad guys with a gun don't get away with it.
SEC. 6. AMENDMENTS TO SECTION 924(H).
Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following:
``(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.),or section 212(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined in accordance with this title, or both.``
(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.''.
Do you think maybe criminals KNOW they are committing a crime? Do you think they PLAN to commit a crime? I do. I think most everyone involved with such serious and heinous crimes know exactly what they are doing.
SEC. 7. AMENDMENTS TO SECTION 924(K).
Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following:
``(k)(1) A person who, with intent to engage in or to promote conduct that--
This law gets better and better with every section I read. CORRUPTION. There is nothing like standing at a distance from the crime and promote the conduct of others to commit it. It is the basis of corruption, racketeering and creates 'the image' of being above the law.
If I were a young person in a depressed section of a city and susceptible to believing I would fail like my uncle before me at any profession or job tried, I would be accepting of crime as a potential for economic rewards. Now, if I were working for a person able to remain above the legal fray of trafficking I would seek to be that person or have a network of crime myself. That ICON of crime has to be dismantled to prevent promotion of conduct leading to crime.
Now, to most people seeking to end crime, namely Middle America, all this is non-threatening. The more the noose is tightened around the criminal the more we like it. But, to those seeking approval of CRIMINALITY as a method of accepting campaign contributions, this is down right threatening language.
So, what kind of legislators doe we want in office, those with ability to END THE CRIME or those unwilling to admit these measures are even necessary?
``(B) would constitute a crime of violence (as defined in subsection (c)(3)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.''
This bill includes the trafficker an ELEMENT of the resultant violence. The bill seeks to END the chain of custody in the right place. The chain of custody of the weapon began with the trafficker.
Now, if you consider Ms. Lanza a trafficker, as I do, if she were still alive would she not have to face the crimes of empowering her son right out of her home?
That is the last paragraph of this bill. I love it. It has incredible merit. I love reading bills and law written for the purpose they are intended by seasoned legislators unafraid of political backlash by organizations that believe criminality is an appropriate ELEMENT in our society.