
Talking about adding insult to injury. Last week the Supreme Court jumped on the ‘let’s get rid of the NRA’ bandwagon with a decision which undermined one of the basic tenets of the pro-gun movement; namely, the idea that the best way to reduce gun violence is to lock ’em up and throw away the key. America’s ‘first civil rights organization’ never talks about gun owners without referring to this population as ‘law abiding,’ the idea being that as long as ‘good guys’ own guns, they will protect us from the ‘bad guys’ who own guns.
Congress went along with this marketing scheme for selling more guns by passing a law in 1986 which gave federal judges undefined authority to increase penalties if someone was convicted of a crime in which they used a gun. So if a guy robbed a mini-mart by brandishing a knife he might be sentenced to prison for so-many years, but if he pulled out a gun, his time in jail could be many more years.
Giving judges arbitrary authority to impose stiffer sentences for gun crimes is not the same thing as mandatory sentences for using a gun during a criminal event. The latter legal strategy exists in many states, but these statutes usually spell out exactly how much additional jail time will be tacked onto the sentence pronounced by the court. In the case of the 1986 federal law, the statute is silent regarding the specific additional penalty that a criminal earns by using a gun, and these arbitrary punishments can be tacked onto the harsher penalties stuck into the federal criminal statutes by Clinton in 1995.
There has been a lot of back and forth over the years about whether criminal charges for violating gun laws make any real difference when it comes to how we try to deal with violent crime. For the most part, tacking an additional criminal charge onto a case of armed robbery doesn’t change the fact that the offender invaded someone’s convenience store and tried to take away money or goods with force. In fact, the studies on whether longer sentences for gun crimes reduces violence shows little, if any connection between sentencing and crime rates at all.
Studies aside, there’s always been some kind of nostalgia for the idea that at some point in the distant past, we were tougher on crime and criminals than we are today. And much of this nonsense is peddled by the same hot-air balloons who are quick to remind us that everything has gone down the drain since we let the ‘element’ move into our neighborhoods, get more welfare and food stamps and vote multiple times so that a guy born in Kenya could end up living at 1600 Pennsylvania Avenue for eight long, miserable years.
That’s right. The bottom line on all this talk about getting ‘tough’ on crime and particularly gun crime, is the issue of race. Because when Dana Loesch goes on NRA-TV and loudly proclaims that she uses her gun to protect herself and her family from ‘street thugs,’ she’s not talking about guys who happen to be White. The good news is that even though Dana blocked me yesterday from her Facebook page, a small legal issue between the boys in Fairfax and the PR mavens at Ackerman-McQueen, has now blocked her from appearing on NRA-TV.
Know why my friends in Gun-control Nation didn’t mention or even notice the SCOTUS decision to redress what has been a hallowed argument by Gun-nut Nation for reducing violence caused by guns? Because the 5-4 decision found the 4 liberal justices joined by none other than one of Trump’s main guys, Associate Justice Neil Gorsuch. Remember when he was confirmed that all the gun-control noisemakers were saying that he would tip the balance of the Court towards a more aggressive protection of 2nd-Amendment ‘rights?’ Yea, right.
This decision is exactly in line with what Gun-control Nation has been arguing for years. The silence is remarkable in this respect.
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