California’s Gun Control Laws and Legislation

California is considered to have some of the strictest gun control laws in the country with approximately 950 firearm laws currently in effect. Supporters of stricter gun laws argue that these laws are necessary to curb crime and enhance safety, while critics of gun control argue that the laws infringe upon the Constitutional right to bear arms afforded to all citizens by the Second Amendment, and that safety is reduced because citizens are less able to use firearms to protect themselves. Because there are very few federal firearms laws, individual states have been left to regulate the sale, possession, and use of firearms and ammunition. As a result, state laws vary significantly from state-to-state.

In 2012 alone, no fewer than six bills have been introduced in California that address existing gun laws or create new gun laws. These bills include:

  • Senate Bill 610 – Concealed Handgun Permit Application (in effect since January 2012)
  • Senate Bill 819 – Transfer of Background Check Fees (in effect since January 2012)
  • Assembly Bill 144 – Unloaded Handgun Open Carry Ban (in effect since January 2012)
  • Assembly Bill 809 – Long Gun Registration Law (effective in 2014)
  • Assembly Bill 1527 – Long Gun Open Carry Ban (pending)
  • Senate Bill 427 – Ammunition Registration (vetoed)

Senate Bill 610 states that Gun owners are not required to obtain liability insurance before getting a permit to carry a concealed weapon. The law also standardizes the application process and does not require an applicant to pay for training courses prior to obtaining a permit. This was the only recent legislation that was applauded by groups who urge less restrictive gun laws.

Senate Bill 819 allows the Department of Justice to access the Dealer Record of Sales (DROS) funds in order to pay for the enforcement of certain gun possession laws. Originally, DROS funds were used only to pay for the administrative costs of obtaining background checks. Critics of this law argue that there will be insufficient DROS funds to fund enforcement.

Gun control advocates supported both Assembly Bill 144 and 809. AB 144 prohibits a person from openly carrying an unloaded handgun in most public places; and is already effective; and AB 809 will become effective on January 1, 2014, and requires the registration of all newly purchased rifles and shotguns. Currently, there is no state law that requires registration of rifles or shotguns, and only new residents of California are required to register handguns within 60 days. Failure to register a handgun is a misdemeanor; however, law enforcement typically will not charge gun owners who comply with the registration law after the 60 days.

In the wake of the recent gun crimes in Arizona and Colorado, Assembly Bill 1527 was recently passed in California and is now awaiting the governor to approve or veto. The bill would prohibit the open carry of long guns, which includes rifles and shotguns. Critics of AB 1527 argue that this is unconstitutional, while supporters argue that this is merely a necessary expansion of AB 144, which now outlaws the carry of open unloaded handguns. Supporters argue that the sight of rifles and shotguns can be frightening and should be prohibited in most public places.

Governor Jerry Brown, who is a gun-owner, vetoed Senate Bill 427, which would have allowed police to collect sales records from ammunition retailers, required retailers to notify the police if they intended to sell ammunition; and prohibited the online and mail order purchase of certain calibers of ammunition. Critics of SB 427 argued that many of the calibers of ammunition that were identified in the law are popular among hunters, and would have an impact on sales.

In general, groups that advocate for gun laws argue that strict gun laws help reduce violence, particularly domestic violence. Advocates point out that states with strict gun laws have lower incidences of suicides and crimes of passion that result in homicide. In 2010, 8,775 out of almost 13,000 murders were committed with firearms. Opponents of gun laws, however, argue that the right to bear arms must not be infringed upon, and that law abiding citizens do not need restrictions; while non law-abiding gun owners will not be deterred from criminal activity regardless of gun laws. A 2010 survey estimates that approximately 300 million firearms are owned by civilians in the United States, which is 50% of all guns in the world. It is estimated that there are 88 guns per 100 U.S. residents, the highest per capita in the world. In comparison, the second highest gun ownership per capital is Serbia, with 58 guns per 100 residents.

The debate regarding gun control extends beyond California and the United States. The United Nations has tried to create an international treaty to regulate global arms trades, which is estimated at $60 billion every year. The treaty would require all countries to establish national regulations to control the transfer of firearms and to regulate firearms brokers. It would also require countries to determine whether exported weapons would be used to violate international human rights or humanitarian laws, or be used by terrorists or organized crime. Presently, there are 192 member States of the United Nations.

Beware of Those Who Demand Justice and Enlist the Society to Swarm in Mass Against Perpetrators

There are huge numbers of people who do not want government to exert its authority over common citizens, rather they want to use what they call social justice to control the people and prevent crime. However, in many regards history shows us this is a big mistake because the justice of the crowd is swift and violent, often permanent, and definitely unforgiving of the individuals it chooses on a whim to call out. In fact, justice by way of the social mob is fairly unjust as most past events have shown.

If you doubt this, and you’d like to see these types of scenarios play out in real time, it’s easy to watch on Internet forums, blogs, and social networks as a group of people with a similar opinion will call out the individual who thinks a little differently. They will definitely go attack that person verbally, and abuse them. As the individual who doesn’t agree gets pummeled, other people jump on board and start saying things that is out of character for them, and the whole group gets riled up like a pack of wolves.

This is exactly what happens with street gangs and violent criminal behavior where groups of people do almost the unthinkable. Things that they would never do on their own, but once they get into a group they are somehow in a different mindset. The Salem witch trials were very interesting in that regard, along with the French revolution where they beheaded all of the leadership and royalty. These things happen all the time, on smaller scale. It’s how human behavior works, it’s not a good thing, but it is the reality.

If we are to live in a free society, with freedom of speech and free liberty, and if we are to stand for the individual, and individual rights, then we must stay away from the use of society to enforce laws and behavior without some sort of buffer in between. I would say beware of those who demand justice and are willing to enlist the society to swarm against the individual, or anyone they call out is a perpetrator, because that isn’t always; real justice.

You see, as the founder of a think tank, I am watching more and more drift towards this line of thinking, and the concepts of social control over the masses. I don’t approve of that because I watch how easily the masses are controlled by the media, and the winds of current events, and things taken out of proportion on social networks. We are in a dangerous new age and we have to be very careful. This is serious business, and you only have to step back for a moment see it. Indeed I hope you will please consider all this and think on it.

Warez and the Crack Factor of Internet Piracy – Can Piracy Law Stop Crack Addiction?

Warez often originates from hackers that crack a code for the thrill of the challenge. But “crackers,” those in the hacker world who crack and profit from software piracy, have capitalized on the efforts of hackers and their cracked codes – successfully building a billion dollar international underground economy. This underground community of “cracker” pirates thrives on international software and Internet piracy.

Litigators, copyright holders, and media giants are working together with law enforcement agencies to beat down the doors of the pirates’ virtual underground warehouses. New copyright laws and international piracy treaties are on the table at nations across the world, awaiting rewritten code to revitalize current piracy laws and keep up with the swift currents of Internet technology. FBI operations go undercover by names such as the 2001 Operation Buccaneer, Operation Bandwidth, and Digital Piratez, and the more recent Operation Site Down, Operation Copycat, Operation Jolly Roger and Operation Fast Link. Warez Operation Buccaneer resulted in 58 search warrants worldwide – which was the “largest” crackdown of 2001. Operation Bandwidth corralled the pirates by setting up a fake warez software piracy website. The Digital Piratez operation resulted in only 9 warrants. This was just the beginning of the Warez crackdown and the FBI’s foray into the world of crack addiction.

The warez pirates continue to circumvent the piracy laws that are on the verge of crumbling down their underground economy. As they continue their overseas pirating escapades – so to does the FBI continue their undercover operations. A 2008 United States Department of Justice report summarizes the statistics of the warez operations Sitedown and Fastlink – which resulted in 108 felony convictions, confiscation of over one-hundred million dollars worth of pirated software, and 200 search warrants that traveled to over 15 countries. Far more than the 58 search warrants that served the pirates of 2001. In 2007, there were 217 intellectual property cases filed. Letters from hackers under investigation litter the Internet – warning their co-conspirators to “get out” before it’s too late.

The FBI wasn’t alone in the warez crackdown operations. Fifteen countries assisted the US in their search for warez piracy. Suppliers who supply the hardware to a warez website, Scripters who help build a website, Brokers who develop active groups, and Encoders who overwrite the copyright protection, have all been held liable in federal court. Charges included not only copyright infringement, but also conspiracy to commit copyright infringement, circumventing copyright infringement and trafficking illegal goods.

Piracy law will continue to gain attention by law enforcement agencies and warez pirates. The US House unanimously approved the Prioritizing Resources and Organization for Intellectual Property Act which allows for current federal law to be rewritten for liberal seizure procedures and the creation of a position for a presidentially appointed U.S. Intellectual Property Enforcement Representative. It also creates a new division in the Department of Justice for intellectual property enforcement and ten positions within embassies. Internet piracy is being tracked daily by the feds. But the heat won’t be putting out the pirates completely anytime soon.

The warez scene is addictive. Hackers live for the challenge of cracking a code – even if there isn’t any financial gain. Warez groupies get a rush from seeing how fast a cracked file can start spreading like wildfire. Pirates that serve international traffickers prey on these addictions – offering slick trades of expensive hardware and digital ware that feeds the warez scene. Piracy laws are building up strength to fight billions of dollars of intellectual property theft and copyright infringement. But they are also fighting an addiction. And addictions can skew perceptions. The hackers and crackers of the warez scene might not see the reality of piracy law until the Feds come knocking at their door. Reality will then strike as hard as the clang of iron bars.

The Administration of Justice

Religious Contracts Made to Obtain Tithing Money: The Mormon Theological Breach/Unjust Enrichment

Are there such things as enforceable religious contracts that may be made between human beings and entities called churches, in the same context as people engage in contracts with corporations, companies, governments, or with other people? A contract is simply defined as an offer made by a person, company, or business entity to another person, company, or business entity, which, if accepted, is based upon a certain consideration that might be money, a service, or a promise that certain events will occur for the benefit of both the offeror and offeree. In other words, I might offer John an apple for the sum of $1.00. If John likes the apple, and wants to obtain it, he will accept my offer and tender the required consideration of $1.00, which will allow him to obtain the apple. Hence, there are many types of contracts that are taken very seriously by, both, the offeror and offeree. One of the most complex types of contracts is a church’s offer of spiritual products, in the name of a deity, for a person’s promise to obey the commandments imposed by that church. For instance, if agents of a church make an offer to a person that, if he, or she, will strictly obey the commandments imposed by that church, the spirit of that person will, after death, go to a paradise and remain there for eternity, the proselyted person will, either, accept, or reject, the offer based upon the representation made by the agents. Such a representation would be much like Goethe’s “Faustus,” where a man sells his soul to the devil for power and influence while alive on the earth. Of course, while “Faustus” is purely fictional fantasy, there are churches that actually represent that they are the only medium or conduit through which mortal man may communicate with deity and through which, so to speak, mankind get to heaven. These churches have their own very ethnocentric scriptures, which, they claim, were obtained from deity via a centrally organizing character, usually called a prophet. These churches claim to possess powers that other churches don’t possess because of the lack of proper ecclesiastical authority. This tendency of a particular religious organization, or denomination, to proclaim unique power only reposed in that particular organization is what I shall refer to as religiocentricity.

When agents of these purely religiocentric churches, or cults, seek converts through active proselytizing and by making representations about what the churches have to offer, some people are immediately cajoled into believing and converting to that particular church’s standards and requirements, and others are never persuaded. One church in particular, the Mormon (LDS) Church, makes missionary representations about its theology, which are not, in the least bit, true in order to obtain converts. In other words, lies are told. Tens-of -thousands of full-time Mormon missionaries are constantly throughout the USA, and the world, offering individual men and women, and families, around the world a, supposedly, Christian theology that is actually a total misrepresentation of real Mormon theology. Millions of Christians have, during the dawn of the 20th Century, been induced by these false representations into joining the Mormon Church by baptism, thereby undertaking the tangible demands of Mormonism. Here is where the contract concept applies to the acceptance of a church’s theology by a person to whom the theology was fraudulently misrepresented by agents of the church; which is the proximate cause of the defrauded convert to seriously accept the demands, rules, and regulations based upon deliberate lies. In the case of a new Mormon convert, the most important mandated religiocentric rule to which a newly converted person must commit before baptism is the payment of a full-tithe of gross income to the Mormon Church. Believe me when I say that a person won’t be baptized into the Mormon Church without making this commitment. A formerly Christian convert to Mormonism is induced by the Mormon agent missionaries to believe that what the Book of Mormon, the “alleged” keystone of Mormon theology, says about God is true Mormon theology; that God is a Spirit with no beginning and no end, a Trinitarian Spirit that has never changed; and that Jesus Christ, God the Father, and the Holy Spirit are one Trinitarian God.

Yes, this is what the 1830 Book of Mormon entailed as the theology that Joseph Smith, Jr. wrote into the fictional 19th Century apocrypha between 1820 and 1830. Then, later, between 1831 and 1835, Smith met a follow of Alexander Campbell’s Disciples of Christ, a preacher by the name of Sidney Rigdon, who added his specious knowledge of the Holy Bible to Smith’s heretical imagination to produce a reconstructed Mormon theology that was as heretical, un-Christian, and unbiblical as the Islamic Koran. When this new pagan theology was introduced by Joseph Smith Jr., the Book of Mormon was extensively edited, later, in 1838, in an attempt to make the original Christian Book of Mormon theology conform, to some extent, with the unChristian scriptures written, and spoken, later by Joseph Smith Jr. While the 1830 Book of Mormon could not have been defended, in any way, form, or fashion as a book of divine origin, the Mormon missionary agenda was created by Smith and his successors in order for lies were contrived about the origin and content of the Book of Mormon to make it seem more credible to struggling Christians who believed in Jesus, but were ignorant of biblical scripture and prophecy. These material misrepresentations began the Mormon ritual of “lying for the Mormon lord.” The primary focus of real Mormon theology was the 1845 King Follett Discourse proclaimed by Joseph Smith Jr. during an LDS General Conference, in Nauvoo, Illinois, the year of his subsequent lynching and death in Carthage, Illinois. These theological ramblings of Smith added the heretical dimension of polytheism to what he had created between 1835 and 1839 in his fictional book, the “Book of Abraham,” a book he claimed was the product of his translation of Egyptian funeral papyri that he had acquired in 1835 from a seller of Egyptian antiquities. Having charismatically persuaded his disciples, in Kirtland, Ohio, that the Egyptian papyri had been personally written 5,000 years before the birth of Christ by the Prophet and Patriarch Abraham, and that he, and he alone, was able to translate it, the concept of the plurality of gods was introduced in his fictional book. In his 1844 King Follett Discourse, Smith defined the ritualistic polytheistic manner in which Mormon gods were perpetuated, which was expanded by the second Mormon Prophet, Brigham Young, in the first written Mormon temple liturgy in 1877 that he delivered before his death, later in 1877.

The current statement of real Mormon theology has been presented to the presiding Mormon Melchizedek Priesthood in written form, outside the venue of the Mormon temple (there are 149 operating Mormon temples throughout the world) approximately every 25 years since 1900. The most recent statement of real Mormon theology was presented in written form to the Mormon Melchizedek Priesthood, as a refinement of the comprehensive verbal statements of the first Mormon Prophet, Joseph Smith, Jr., in 1844, and the Mormon Prophet Lorenzo Snow, in 1896, about Mormon polytheism, in 1984 in the Melchizedek Priesthood Study Guide, “Search These Commandments,” in the form of “Lesson 21 -“Man May Become Like God.” In this written lesson, the expanded couplet coined by Lorenzo Snow, “As man is God once was, and as God is, man may become,” was succinctly explained in the context of the 1844 “King Follett Discourse” of Joseph Smith, Jr. The reason that the real theology of Mormonism is published so rarely and only talked about and extolled in the Mormon temples is because of plausible deniability in the face of the lies that are told by Mormon missionaries to people who are investigating Mormonism, called “investigators.”

As a brief summation of real and correct of Mormon theology, the Mormon (LDS) Church believes and maintains that the Mormon father-god, the father of Jesus Christ, was once a human man who was biologically born, and lived, on some planet in the cosmos; who followed the laws and commandments of Mormonism and, later, died, was resurrected and awarded the highest degree of celestial opportunity, called exaltation, wherein he was transformed into a god, with a capital G, and given limited power to organize, not create (Mormon gods are bound according to the earthly laws of physics), an earth of his own, and to procreate billions of spirit children, with his Mormon goddess wife, in order to populate his earth on the spirits obtaining mortal bodies. This process of Mormon godhood, in “Lesson 21” is further expanded by an explanation that all worthy Mormon elders (holders of the Melchizedek Priesthood) have the destiny of becoming as great as their Mormon father-god, with a capital G, by becoming, themselves, Mormon father-gods, with a capital G, to be able to do all that their father-god, with a capital G, was able to do. Brigham Young, in 1868 during a Mormon General Conference, in Salt Lake City, proclaimed that “there are as many Gods as there are stars, and as many saviors as there are Gods.” This additional principle of real Mormon theology is the main point of theological emphasis that the Mormon missionaries, in the 21st Century, want to hide from the prospective Mormons, with whom they connect in their door-to-door proselyting. What this means is that every Mormon elder, on the earth, who becomes a Mormon god, with a capital G, procreates his own version of Jesus Christ, as saviors for their world. This, of course, blasphemously makes the real Christian Jesus, the one and only God of the universe, just another “savior,” who was biologically procreated to ritually die just in order to provide provide resurrection, not universal salvation, to all of the inhabitants of an earth in the past, present, and future.

The foregoing explication of genuine Mormon theology is what is presented with emphasis, as a commandment, in “Lesson 21.” So, it is quite obvious why the Mormon Church wants to hide, and lie about, the real theology of Mormonism from the hundreds-of-thousands of struggling Christians, to whom the tens-of thousands of full-time Mormon agent missionaries, and the hundreds-of-thousands of part-time ward (local Mormon congregations) missionaries who assist the full-time agent missionaries, present the five currently scripted presentations (called discussions) every calendar year, which don’t contain, to any degree, real Mormon theology.

Hence, the application of contract law to the Mormon missionary dissemination of false theological information to struggling Christians, who know nothing about Mormonism, and a subsequent offer of membership in the Mormon Church based upon this information, goes hand-in-hand with the offer, acceptance, and consideration requirements of all legally enforceable contracts. What is the tangible consideration that is required to consummate the contract? The Mormon missionaries are agents of the Mormon Church hierarchy who offer membership in the Church of Jesus Christ of Latter-day Saints by baptism to all struggling Christians who sincerely “promise” to do certain specific acts of obedience to Mormon commandments. One of these acts of obedience is the paying of a full-tithe (1/10th of a person’s gross income) to the Mormon Church. Now, if an enforceable contract is, supposedly” formed through the offer of membership by baptism for a promise of obedience between the Mormon convert and the Mormon Church, the other laws of contracts must also apply. If the material representations made by the Mormon Church are false, and the struggling Christians base their acceptance of Mormonism on false material misrepresentations, then the contract is, by contract doctrine, void on its face, and all consideration paid to the Mormon Church by those struggling Christians must be returned by the Mormon Church, just like the legal obligations any other corporation.

Just how much continuing consideration is received by the Mormon Church from the duped struggling Christian, and non-Christian, converts within the time that they remain members of the Mormon Church, before realizing that they have been deceived? Well, the breach of the contract is immediate and begins with any and all promises and actions made by convert to the Mormon Church, especially the payment of the first tithing payment to the agent ward bishop, to whom all Mormons are required to submit their tithing, in the form of checks and cash. Let’s then say that the husband and wife of a convert family makes $200,000 per year gross. That is a total gross tithing sum of $20,000 for one year of membership. In the year 2014, over 150,000 struggling Christians, and people from other religions, were induced to join the Mormon Church. If the average gross income of these 100,000 individuals was $100,000, the Mormon Church received approximately $10,000 x 100,000 = $1,000,000,000 of tithing payments during one calendar year. Now, the average approximate time that a new Mormon remains a member of the Mormon Church before he, or she, realizes the lies that have been told about Mormon theology is 4 years. Within that time, a new Mormon convert is prepped and indoctrinated to accept the Mormon temple rite, which is an epitome of the polytheistic theology. Within those four years, the amount of tithing money received by the Mormon Church from those 100,000 Mormon converts is $4 billion. Now, on considering that the Mormon Church is the wealthiest Church, per capita, on the face of the earth, and that the average income of the, approximately, 10,000,000 active Mormons is approximately $100,000 per year, 10,000,000 tithe-paying Mormons multiplied by $10,000 tithing per year, which yields $100 billion per year. With that gross yearly income, the Mormon Church hierarchy makes sizable business investments throughout the world, which yield considerable dividends every year for the LDS Church. Hence, isn’t it, therefore, quite obvious why the Mormon Church, in the year 2016, is worth nearly $700 billion dollars?

But, as the parodic bard would cleverly say, herein lies the awful rub, for even though the contract between the Mormon Church and every Mormon convert is voided, or breached, at the outset of the acceptance of the offer of membership, because of the false theological information upon which the acceptance is based, the Mormon Church has never returned any part of the consideration that they have received from the deliberately duped converts; that is, the tithing money paid in good faith to the Mormon Church, amounting to billions of dollars. Why hasn’t it been returned? The main, and only, reason is that the LDS Mormon Church would never voluntarily return a penny of tithing money to the deceived Christians who paid it. The only way that it would be returned is if the Mormon Church were forced by a court of law, and equity, to repay the billions of dollars to those duped converts, to whom it is rightfully owed. This also applies to all other religious organizations that manipulate the minds of their converts to cause them to pay money to those churches based upon false information and criminally fraudulent misrepresentations of church doctrine, rules, and theology.

So does the First Amendment of the U.S. Constitution’s Bill of Rights, guaranteeing freedom of religion in the USA, protect the actions of such churches that deliberately deceive people into joining them, in order to induce those unwitting people to pay the churches tithing money based upon fraudulent and deliberate misrepresentations? Currently, of the, approximately, 11 million active tithe-paying Mormons in the world in 2016, there are approximately 5 million of them who have been “Mormons” for five years-or-less, who have been deceived into believing the false theology of Mormonism, and who ignorantly continue to labor under the false information. The other 6-to-7 million members are the true-blue Mormons, Latter-day Saints who have been procreated into the Church through a long lineage of Mormon ancestors. Most of these people, born into the Mormon Church, know the truth about real Mormon polytheistic theology. These are the fraudulent, if not criminally illicit, men and women who are, either, employed by the Mormon Church or are ward and stake defenders of the faith, known as professional or part-time Mormon apologists. Yes, the Mormon Church hierarchy employs their very sophistic members as professional apologists to “lie for the Mormon lord.” Every time websites are posted by Christian and, generally, anti-Mormon information groups exposing real Mormon theology, these paid professional Mormon apologists produce opposing websites in an attempt to neutralize, or totally diminish, the effect of truthful facts upon the mostly ignorant religious public.

Hence, if fraudulent multi-state insurance companies, which send their door-to-door salesmen agents out to sell insurance polices that the companies never intend to honor, can be federally indicted for fraud and racketeering, under the federal RICO Statute, religious organizations that do the same basic thing in every State, deriving illegal money from converts through their agents’ false theological representations, are equally culpable of criminal fraud. I see no difference. Total disclosure of the facts, and the truth, about what the people accepting the churches’ offers will receive in return for their faithful payment of a full-tithe of their income, is necessary for there not to be fraud. Criminal and tort action should, therefore, be taken by the U.S. Department of Justice against each, and every, church in the USA that are enriched through deliberate intentional misrepresentation of their theologies by their proselyting agent missionaries, in order for the unfortunate and deceived converts to receive reparation payments to restore the money that has been lost through church racketeering, and for the criminally offending church organizations to be punished for their criminal conduct.