Wednesday, October 7, 2009

Open letter to Richard Ward, Mayor of Hurst

BACKGROUND: Richard Ward has served as Mayor of the city of Hurst, Texas, since May 2004. Mayor Ward is a US Army veteran with a background in medical technology, human resources, and youth activities. He is also a current member of Mayors Against Illegal Guns and has written an editorial for the Fort Worth Star-Telegram dated September 27, 2009 to explain his involvement in MAIG:

Mayors group wants to make it harder for criminals to get guns

I sent Mayor Ward the following response on September 30:

Good morning, Mayor Ward:

In my current role as Chair of the Gun Owners Caucus of the Texas Democratic Party, one of my duties is to keep abreast of gun politics in Texas to the best of my ability with a view towards serving my fellow Texas Democrats. It is therefore within said capacity that I respectfully submit this open response to your Fort Worth Star-Telegram editorial published on September 27, 2009.

I know that serving as Mayor can wear on you at times. You have a lot of pressing issues to juggle - municipal services, public education, law enforcement, utilities, and the constant battle to reconcile all of the above with your annual budget. The same goes for any Mayor worth his or her salt, and I appreciate your efforts.

While discussing your membership in Mayors Against Illegal Guns (MAIG), I read where you "fully support the rights of law-abiding citizens under the Second Amendment," and I appreciate those sentiments greatly. There are, however, ongoing concerns that I have with the policies and long-term objectives of MAIG that must be addressed.

By their own admission, MAIG supports using a secretive "watch list" to deny sales of firearms to law-abiding citizens if their names somehow wind up on this list:

http://mayorsagainstillegalguns.org/html/federal/closing_gun_gap.shtml

I have seen numerous reports of innocent civilians being denied the ability to fly on commercial airliners because their names have been placed on a "no-fly list" by some faceless bureaucrat. Even the late Senator Ted Kennedy fell victim to this list, which is by design secretive, unreviewable, and virtually unimpeachable. I do not want terrorists obtaining firearms or explosives, either - and I am glad that the FBI did their job in keeping that kid from blowing up the Fountain Place skyscraper in downtown Dallas - but curtailing the rights of innocent Americans without notification, without review, and without due process is not the way to do it.

In addition, MAIG's opposition to the Thune Amendment also touches on the notion of right-to-carry reciprocity between states, including Texas that issue concealed handgun licenses (CHLs):

http://mayorsagainstillegalguns.org/downloads/pdf/7_14_09_maig_letter.pdf

Although I acknowledge your own concerns about the Thune Amendment, I still hold out hope for a workable CHL reciprocity system between the several states. One of the reasons our nation scrapped the Articles of Confederation in favor of the Constitution was because the Articles denied Congress the ability to regulate interstate commerce, as evidenced in the ill-fated Jay-Gardoqui Treaty and the runaway inflation in Massachusetts that brought about Shay's Rebellion in the absence of any state or Federal intervention.

National CHL reciprocity could never have been enacted (let alone enforced) under the Articles, but it can work under the Constitution, and should be given diligent study on Capitol Hill in view of the Constitution bestowing upon Congress some ability to regulate firearm sales as interstate commerce (Article I, Section 8, as reflected in the National Firearms Act of 1934). The issue of minimum standards is a valid one, but it should not be used to derail all discussion of CHL reciprocity.

As for the "closing the gun show loophole," while I am confident that mandatory background checks for all sales at gun shows will not have any significant financial impact on these shows, I am concerned that the push for universal background checks could lead to criminal charges against any parent who bequeaths a firearm to a child of sufficient age and maturity to take possession of the gun, nor am I confident that legislation such as Senator Frank Lautenberg's S. 843 will have any appreciable effect on illegal trafficking or smuggling of firearms.

In addition, MAIG has voiced support as recently as December 27, 2007 for a new Federal ban on civilian ownership of semi-automatic firearms:

http://www.mayorsagainstillegalguns.org/html/media-center/pr015-07.shtml

Obviously, I cannot and will not lend my support to such a wholesale assault on our Constitutional rights. If I legally own a semi-automatic M1 carbine, a Kalashnikov, an AR-type rifle, or even a Smith & Wesson pistol that holds 11 rounds instead of 10, I have a responsibility to do everything I could to keep my gun safe from theft, but I need reassurance that my elected officials, even if they disagree with my choice of firearm, will continue to defend my Second Amendment right to own it.

I recognize that you consider the safety of Hurst residents your top priority, which is commendable. I also recognize your statement that you do not wish to be associated with any organization that is considered anti-Second Amendment. And I'm not going to suggest that you resign from MAIG if you truly feel that your respect for our Constitutional rights is in harmony with the goals and objectives of MAIG. Nevertheless, I feel that the concerns I stated above are still valid, legitimate, and of great interest to my fellow Texas Democrats, especially those who own guns.

On the other hand, your own voice within MAIG could do much to temper some of the more far-reaching proposals of your coalition partners and renew the focus on combatting illegal gun trafficking and violent crime without threatening the rights of innocent, law-abiding Americans. This, I believe, would be a laudable objective.

Thank you for taking time out of your admittedly busy schedule to reflect upon my concerns.

Sincerely,

Daniel Barnett
Gun Owners Caucus of the Texas Democratic Party

NOTE: Mayor Ward has kindly informed me that he is interested in composing a response. I will keep you posted on any further details.