Mental Health Problem OR Gun Problem? Really?

I have listened to various politicians and activists push arguments such as “Guns don’t kill people; people kill people”, “We don’t need new gun laws; we just need to enforce the existing ones” and “It’s not a gun problem; it’s a mental health problem”.   But these are not really arguments at all; they are just rhetoric used to deflect the focus off guns.  They are nice sound bites, but do not address the problem and offer no solutions.

“It’s not a gun problem; it’s a mental health problem”   OF COURSE it’s a mental health problem. Sane people don’t walk into schools and start shooting kids.  But that does not mean that we don’t also have a gun control problem.  The two issues are not mutually exclusive.

“Guns don’t kill people; people kill people”.   What a stupid thing to say!   When we say we have a Gun Problem, most people with more than two working brain cells realize we mean that we have a Gun CONTROL Problem. 

“We don’t need new gun laws; we just need to enforce the existing ones”.    For the most part, I agree.  We already have laws prohibiting felons and the mentally ill from possessing guns.  But these laws are not properly enforced.   Universal Background Checks are simply a tool to enforce the existing laws.  They will not prohibit anyone from possessing a gun who is not already prohibited from owning one.

 SECOND AMENDMENT

Like all of our rights, our right to bear arms comes with responsibilities as well.  

The Second Amendment is not absolute.   We already prohibit felons and the mentally ill from possessing firearms, even though the Second Amendment does not state that “the rights of the people shall not be infringed, unless they are felons or mentally ill”.

When the founding fathers adopted the Second Amendment, the musket was the height of technology.  You fired once, then had to take 30 seconds to reload before you could fire again.  It was not possible to use one to rapidly kill multiple people.  

School shootings are not something new.  That has been at least one school shooting almost every year for the past 150 years.  But the carnage inflicted by these shootings has increased as weapons technology has improved.

UNDERLYING CAUSES OF GUN VIOLENCE

Before we can even attempt to solve the gun control problem, we need to look at the causes.  Most gun deaths can be classified in one of four ways:

Criminals using guns to commit crimes.   If we want to get serious about preventing criminals from getting access to guns, background checks have to be universal.  There can be no exceptions.  All it takes is one loophole.  If criminals can buy guns easily at gun shows, that’s just what they will do.  Why even try to buy at a store when they have a ready alternative?  It’s even easier to buy a gun from someone they know who does not have a criminal record.

Crimes of passion; domestic violence; suicide.   These account for the majority of all gun deaths, and most of these are committed by people with no criminal history.  Criminal Background checks alone would not be effective.  This is where waiting periods come in.  A 30-day waiting period would give a person time to calm down or would give those close to him or her time to recognize the crisis and to intervene before it’s too late. 

  

Mass Shootings.  While this is the one that gains the most attention, it is also the one that will be hardest to prevent.  Most of these mass shooters plan their crimes well in advance, often months or even years.  Most have no criminal backgrounds. Waiting periods and background checks may prevent a few, such as the church shooting in Texas, but that was an exception more than the rule.  The only way to prevent these types of incidents is for people to pay attention for warning signs and intervene and/or alert authorities.

Accidents.  These are easily the most preventable deaths.  If one wishes to own a firearm, they have the responsibility to learn how to properly use and store their firearms.  Yet there are no requirements for even the most basic training or education before one is allowed to buy such a deadly weapon. 

This illustrates that there will not be one simple solution.  The ultimate solutions will involve addressing each of the underlying causes, and there will not be one-size-fits-all solution that addresses all of the causes.

Ultimately, we will need to come up with a solution that provides:

1. A way to ensure that felons and the mentally ill do not have access to guns by any means.   This will include  mandatory reporting of all criminal convictions to a central registry.  This registry would also include those deemed mentally ill.  It would also include those who are under protective orders.

2. A process that allows one to appeal his or her placement on this list to ensure mistakes are not made.

3. A requirement that one who does purchase a gun understands their responsibilities to properly use and store their weapons.

4. A waiting period to ensure that violent reactive emotions do not factor into the equation.

Back in November, after the church shooting in Texas, I posted my own ideas on a comprehensive solution.   Read about them here:  http://scottmcmurrain.blogspot.com/2017/11/use-common-sense-people-demand.html

Demanding Real Immigration Reform

We all agree that the entire immigration situation in our country is a disgrace.

Unless your parent or adult child is already here, It can take over twenty years to get approved for legal immigration into the U.S., and that is if you already have other relatives here. This is what Trump has referred to as “Chain Immigration”.  The average time is more than 12 years. If you have no existing relatives or contacts in the U.S., your chances of ever being allowed in are slim to none.

While we do depart many criminals, they seem to just sneak right back in.  We have heard stories about gang members who have been deported numerous times, but continue to return and commit even more crimes.

What really complicates the issue is that politicians from both sides are using isolated incidents to instill fear and outrage among their constituents.  Much of what we hear about immigration is simply NOT TRUE.  With over 11 million illegal immigrants already here, there are bound to be some bad apples.  But that’s true of any population that size.

On the other hand, the vast majority of the immigrants in our both, both legal and illegal, are hard-working, honest people who just want to make a better life for themselves in the land of opportunity.  In fact, they are VITAL to our economy, and also to YOUR OWN FINANCIAL SECURITY!

Our labor pool is shrinking, and immigrants are needed to take the jobs that Americans do not want.  Unemployment is already at its lowest point in many years, and employers are finding it difficult to hire needed workers. Working immigrants also increase the number of people paying into Social Security, which is desperately needed.  Unless Social Security revenues are raised, Social Security benefits will have to been cut very soon.

Another area of concern is that our fertility rate is less than 2.0, which means that our population will DECREASE without immigrants.  A decreasing population is BAD for our nation and for our economy. 

And let’s not forget that ALL of our ancestors were immigrants at one time or another.  It is this DIVERSITY that gives us our strength. 

We need to make sure that we find a solution that solves the REAL problems, and is not the result of  showboating politicians following an agenda of their own.  Congress needs to work TOGETHER to solve this issue.  Any solution that does not have bi-partisan support will surely fail.

There are many people shouting out what they think is wrong with the system, but very few are offering any REAL solutions that address the issues in a logical and reasonable manner.

I have some ideas for a system that should meet the basic demands of BOTH political parties, and provides a clear set of rules that immigrants can follow.  It does not solve every problem, but it could be a great starting point for anybody who is SERIOUS about solving the problems, and can look at the issues with an open mind, and is willing to compromise to reach a fair solution we all can live with.

My ideas will meet the Republicans’ Demands:

• Allow for removal of all immigrants upon conviction of a felony, violent misdemeanor, or gang affiliation
• Bans sanctuary cities
• Provides additional funding for border security without impacting the general budget
• Eliminates “chain migration” and other discrimination among immigrants
• Ensures immigrants do not receive welfare, free healthcare, and other benefits

And they will meet the Democrats’ Demands as well:

• Protects nuclear families
• Protects Dreamers and other law-abiding immigrants
• Provides a path to citizenship for all immigrants who have not committed felonies or violent misdemeanors

If you have logical and constructive comments, I would love to hear your input.  If you like what I have envisioned, PLEASE SHARE these ideas and send them to your lawmakers and urge them to work in a bipartisan manner and pass some REAL IMMIGRATION REFORM.

LOGICAL IMMIGRATION REFORM PLAN

AVENUES TO IMMIGRATION

If you want to immigrate to this country, you have to meet these requirements:

OPTION 1 – Nuclear Families

• Have a parent or an adult child who already is a U.S. citizen or legal resident, or is immigrating under Option 2 
• Have no felony convictions or violent misdemeanors in the past 5 years
• Your parent or adult child who is already here must take financial responsibility for you
• No waiting list to get in
• This option keeps families together, which is one of the Republican Party’s core values.

OPTION 2 – General Permanent Residency

• Speak English
• Express a desire to come to America and contribute TO our economy and eventually become a U.S. citizen
• Have no felony convictions or violent misdemeanors in the past 15 years
• Have a sponsor who is already a legal resident or citizen who will be financially responsible for you.  Should you lose your sponsor, you have 30 days to find a new one or leave the country.
• Congress will set a maximum number of immigrants allowed into the U.S. per year under this option.  If the number of people applying for entry exceeds this number, a lottery will be used to randomly select the maximum number allowed without any other criteria.  Those not chosen may reapply each year.  Nuclear families will not be split up; if one is selected, their spouse may join them
• This option does not discriminate between race, sex, religion, country of origin, or sexual orientation, and treats all persons the same.  This also supports the Republican Party’s core goal to be the “Party of Inclusion”

OPTION 3 – Asylum / Refugee

• Have a bonafide need for asylum
• Go through the same extreme vetting process through the U.N. that has been in place for the past 5 years, and takes two years to complete
• Have no felony convictions or violent misdemeanors in the past 15 years
• Must have sponsoring organization in U.S. that will guarantee financial support

GENERAL RESTRICTIONS APPLIED TO ALL IMMIGRANTS:

• Immigrants must pay taxes 
• Immigrants are NOT eligible for welfare or social security benefits
• Immigrants are NOT eligible for health care subsidies or Medicaid, except for the same emergency medical care available to anyone else
• Have no ties to terrorists or terrorist organizations
• Children must attend public schools and may receive free lunches
• College-aged immigrants are not eligible for grants or student loans, but may pay in-state tuition rates if they meet that state’s residency requirements
• Upon conviction of a felony or violent misdemeanor, immigrants must serve their sentence in full, then will be immediately deported.  They may reapply for admission after five years.  Congress may designate certain felonies to render the immigrant ineligible for readmission for longer periods or for life.
• Must inform ICE of their place of residency with 15 days of arriving in U.S. and after any changes of residency. 
• Must physically check in with ICE once per year
• Willful violation of immigration laws other than felonies and violent misdemeanors may result in fines and deportation for subsequent violations
• Except for deportations at the end of a sentence, no immigrant shall be deported without a hearing

DREAMERS ALREADY HERE

• Children who were brought here when they were under 16 years old and have been here at least 5 years may remain unless they have been convicted as an adult of a felony or violent misdemeanor
• If they want to become citizens, they must apply within 90 days of new law or within 90 days after their 18th birthday, whichever comes last
• If both parents or guardians with whom they have resided are deported, then they will be too if they are under 18 or have no sponsor.

CURRENT ILLEGAL IMMIGRANTS GRANDFATHER CLAUSE

• If they have been convicted of any felonies since coming here (other than crossing the border), they must be deported
• If they have been convicted of any violent misdemeanors within the past 5 years, they must be deported
• If they are a current gang member, they must be deported
• If they were previously a gang member, they must show evidence that they have been completely out of the gang for at least two years
• If they have been here less than 2 years and do not qualify under Option 1, they will be deported but may reapply immediately
• They may remain if:
• They would qualify under Option 1 or Option 2
• They have a job and have been employed for at least 2 years, OR
• They have an adult sponsor who is an American citizen or legal resident and who will accept financial responsibility for them
• Must register within 90 days or lose the grandfather rights
• Must pay all back-taxes including penalties and interest
• Must pay a $5,000 fine
• Back taxes and fine may be paid under a payment plan lasting up to 10 years based on ability to pay.  
• 5  year clock to citizenship test starts AFTER fines and back taxes are paid

ILLEGAL IMMIGRANTS AFTER NEW LAW

• Immigrants caught here illegally more than 90 days after the new law is passed will be deported immediately 
• Immigrants caught here illegally who have ever been previously deported will serve 5 years in prison, then be deported again.   
• The 5 year sentence will double each time for report offenders.

HIRING IMMIGRANTS 

• All Immigrants must be paid a wage equal to the going rate for local workers
• Employers will pay an additional tax of 25% of their wages to the Federal Government.   
• This tax shall be used to fund immigration enforcement and border security. 
• This will ensure immigrants will not be taking American jobs.

TEMPORARY WORK VISAS

• Temporary Work Visas allow specific individuals immediate entry into the country outside of the permanent resident program. 
• Immigrants who possess certain skills not available from U.S. labor shall be issued 6 month Work Visas.  
• They must already have a firm job offer from a specific employer, and must leave within 30 days if they lose that job and fail to find another one.
• These Visas may be renewed every six months indefinitely
• Immigrants with temporary work Visas must be paid a wage at least 25% higher than the prevailing local rate for the same job, if applicable. 
• Employers will pay an additional tax of 25% of their wages to the Federal Government.   
• This tax shall be used to fund immigration enforcement and border security. 
• This will ensure immigrants will not be taking American jobs.

PATH TO CITIZENSHIP

• Immigrants, including those on temporary work visas, who have been here legally and continually for at least 5 years and are 18 or over may become a U.S. citizen.  Temporary absences of up 90 days per year, or for educational, occupational, or humanitarian purposes shall not be counted against the 5 year continuous residency requirement.
• Must pass same citizenship knowledge test used today

BORDER SECURITY

• Border security is essential and should be enforced rigidly
• Ensure that we employ an adequate number of enforcement agents
• Use high-tech cameras and drones to enforce border security
• Use fences where necessary
• A wall is not needed.  Use the money for other, more productive, measures

SANCTUARY CITIES

• If an immigrant on ICE’s wanted list is arrested, local cities MUST notify ICE before releasing the prisoner.
• ICE has 12 hours to respond to the city if it intends to deport the individual, or the city may release him or her.  
• ICE must physically take custody of the prisoner within 72 hours of initial notification, or the city may release him or her.
• Cities have no obligations to hold individuals that are NOT on ICE’s wanted list
• Cities that violate these requirements will pay a $100,000 fine per violation