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Issue: Gun Rights
Date: April 2, 2004
Author: Ken Larsen
I recently received a candidate questionnaire from Gun Owners of America.
Before listing their questions and my answers, I have a few short
statements. First of all, every candidate in the Personal Choice Party is
personally responsible for every position they take on every issue. I do not
speak for the Party and neither does anyone else.
Second, I warmly congratulate my fellow candidate, Richard Mack, for suing
the government over the Brady Bill and winning. Before I knew of his suit, I
sued the State of Utah for violating my civil right to buy a gun without a
background check. Unfortunately, the Federal Courts denied my suit on the
grounds that I could not use the Federal Courts to enforce the Constitution.
Third, the Second and Tenth Amendments clearly put all constitutional
authority to limit guns at the State level. Thus, as Governor of the State
of Utah, my oath of office will require me to prosecute any federal officer
attempting to enforce any unconstitutional federal law infringing the rights
of the citizens of Utah to keep and bear arms. The day I take office,
attempting to enforce the Brady Bill or any other federal limits on gun
rights within the jurisdiction of the sovereign State of Utah will become a
criminal offense.
Fourth, the Constitution of the State of Utah says, "The individual right of
the people to keep and bear arms for security and defense of self, family,
others, property, or the state, as well as for other lawful purposes shall
not be infringed; but nothing herein shall prevent the Legislature from
defining the lawful use of arms." That's written in English and I can read
English. No court on the planet has the authority to "interpret" it away. If
you want gun control in Utah while Governor Larsen presides, you are going
to have to start with a constitutional amendment.
Fifth, I am a pacifist because I trust my God more than I trust a gun. I
also trust you to choose for yourself whether to own or how to carry
whatever weapons you choose. We cannot have the land of the free without the
home of the brave. That includes being brave enough to tolerate guns in the
hands of others.
Here are their questions and my answers:
1. Gun control advocates are calling for limits on the number of firearms
that a law-abiding citizen may purchase in a specified time period, usually
one per month. Do you oppose "one-gun-a-month" laws that limit purchases of
firearms by law-abiding citizens? YES
2. Many localities have attempted to discourage gun ownership by creating a
morass of differing municipal ordinances. These rules often snare innocent
sportsmen merely passing through a neighboring city. Do you support
preemption legislation that would totally prohibit localities from placing
limitations on the rights of citizens to purchase, possess, or carry
firearms? YES
3. Many gun control advocates seek to impose "no-safety" zones, creating a
patchwork of places where law-abiding citizens may not possess a firearm for
self-defense, i.e., restaurants. Would you oppose legislation mandating
"no-safety" zones designed to ban concealed carry for self-defense? YES
4. New York City registered long guns (rifles and shotguns) in 1966. But
then ten years ago, the New York Daily News (9/5/92) reported that police
began confiscating those very weapons, leading many to argue that
registration leads to confiscation. Would you oppose legislation requiring
that firearms purchased by private citizens be registered with law
enforcement and tracked by a centralized record system administered by
government agencies? YES
5. Media hysteria has led to the misperception that semi-automatic firearms
with certain cosmetic features are so-called "assault weapons." However, all
semi-automatic firearms function essentially the same. Do you oppose
legislation banning the manufacture, sale or possession of semi-automatic
firearms? YES
6. Common ammunition magazines available for firearms are simple plastic or
sheet metal boxes with springs in them. There are efforts to ban magazines
that hold over a certain number of rounds. Do you oppose legislation banning
the manufacture, sale or possession of large-capacity magazines? YES
7. Many gun control advocates are seeking to prohibit 18-20 year-olds from
possessing firearms, which would treat young persons as if they have no gun
and self-defense rights even though they are old enough to fight in the
various armed forces serving this country. Do you oppose laws that would
take away the rights of 18-20 year-olds to possess a firearm? YES
8. Manufacturers of any product are held liable if the product is defective
and causes injury. Yet some politicians want to hold gun manufacturers
liable when a properly working firearm is used to commit a crime or is
involved in an accident. Do you oppose laws that allow persons who are shot
by a properly working firearm to sue firearms manufacturers and/or firearms
sellers (strict liability)? YES
9. Gun control advocates seek to ban private firearm sales at gun shows
unless the buyer submits to a background check. Do you oppose laws that
would ban the sale of a privately owned firearm at a gun show unless the
buyer submits to a background check? YES
10. Gun control advocates push licensing systems with background checks,
fingerprinting, high fees, and "training" requirements. Do you oppose
government licensing to buy a gun? YES
11. Many gun owners are concerned that so-called "instant" background checks
are in fact computerized central gun registration systems. Do you oppose
computerized "instant" background check systems? YES
12. Gun control advocates want handguns mechanically locked when not in use.
Do you oppose government mandated use of trigger locks or other locked
storage requirements? YES
13. Recently, there has been proposed legislation to ban firearms possession
for mere misdemeanors that may be no more serious than spanking your child
or shouting at your spouse. This legislation specifically targets gun
owners, as it does not restrict other rights. Would you oppose legislation
that bans firearms ownership due to simple misdemeanors? YES
14. Vermont has one of the lowest violent crime rates in the nation. The
Vermont carry law recognizes that every citizen has the right to carry a
gun, openly or concealed, except to commit a crime. Thus, with no government
bureaucracy or license, Vermont citizens from any state can carry firearms
concealed in Vermont. Would you support Vermont-style legislation that would
eliminate all requirements to pay fees and register gun owners and simply
allow law-abiding citizens to carry firearms openly or concealed (at the
individual's discretion) for any reason except for the commission of a
crime? YES
15. Many gun control advocates are seeking to ban the private ownership of
.50 caliber rifles. Do you oppose banning the private ownership of .50
caliber rifles? YES
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