The Orlando Attack and the Failure to Enforce Existing Laws – The Lautenberg Amendment and 8 USC 1481

Posted: June 20, 2016 by ShortTimer in Government, Guns, terrorism

As we’ve seen in the last week, with the Democrat’s 15-hour not-really-a-filibuster stump speech about how we need to ban the right to due process, there’s a press on for new gun laws and restrictions and regulations that aren’t infringements in much the same way that getting punched in the face isn’t the same as getting struck in the face with a fist because won’t someone think of the children.

Specifically, we’ve even heard the main proponent of these new infringements say they wouldn’t have worked to prevent the Orlando terrorist attack.

What would have worked, you ask?

Enforce existing laws.

Currently, if you want to buy/possess/own/purchase a firearm, there are some prohibitions.  Namely, you can’t be a felon, a drug addict, an illegal alien, and due to the Lautenberg Amendment, you can’t have been convicted of a crime of domestic violence or have a restraining order placed on you by a domestic partner.

This is from the 4473, the background check form that you do every time you buy a gun from a dealer or store and any time you transfer a handgun between states:

4473 lautenberg

The so-called “gun show loophole”, which is not exclusive to gun shows, nor a loophole, is that in most states, if you want to sell a gun to a private citizen from your own state, you can.  You also have to be sure they’re not prohibited from owning a firearm, because otherwise you’re committing the crime of providing a prohibited person with a firearm.

The Orlando terrorist beat his ex-wife.  Had he been charged, he would have been convicted (or plead out, which is the same as a conviction for gun ownership purposes), and he’d have been prohibited.  It’s the same way US citizens every day are denied arms – because they’ve committed a crime in the past that bars them from firearms ownership (like the wife-beating alcoholic Chicago journalist denied a gun recently).

If for whatever reason the ex-wife didn’t go to the police, or no one enforced the law in that instance, there were other potential blocks already set up that no one bothered to utilize.

Namely, 8 USC 1481.

The FBI had investigated the Orlando terrorist numerous times for his suspected terrorism involvement.  He was on and off the terror watch list.  A friend of his went to the Middle East as an American suicide bomber.  The FBI interviewed him numerous times, but couldn’t figure out how to make anything stick.  Yet the Orlando terrorist went off and murdered 49 people and swore his allegiance to the Islamic State.

And that’s where 8 USC 1481 comes in:

8 U.S. Code § 1481 – Loss of nationality by native-born or naturalized citizen; voluntary action; burden of proof; presumptions

(a) A person who is a national of the United States whether by birth or naturalization, shall lose his nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality—

(2) taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state or a political subdivision thereof, after having attained the age of eighteen years; or
(3) entering, or serving in, the armed forces of a foreign state if (A) such armed forces are engaged in hostilities against the United States, or (B) such persons serve as a commissioned or non-commissioned officer; or

(7) committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States, violating or conspiring to violate any of the provisions of section 2383 of title 18, or willfully performing any act in violation of section 2385 of title 18, or violating section 2384 of title 18 by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, if and when he is convicted thereof by a court martial or by a court of competent jurisdiction.

He joined a terrorist movement.  He said so at the end.  In all probability – especially as more of his past comes to light, he said the same thing beforehand, but no one would address it.

If 8 USC 1481 had been applied, he could’ve been stripped of his citizenship – with due process – as someone swearing allegiance to and/or conspiring to bear arms against the United States as a terrorist by committing terrorist acts.

Once his citizenship is stripped, he couldn’t legally buy a gun.  Once stripped of his citizenship, he could’ve been deported and sent off to the nation he wanted to be a part of.  The US would’ve gotten rid of a terrorist, he would’ve gotten to go join the nation he wants to join.

Problem solved.  Enforce existing laws.

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