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James Bovard

Gun Crackdowns Have Already Led to Too Many Federal Abuses

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President Trump declared last week that the law enforcement should “take the guns first, go through due process second.” But the history of federal firearms enforcement shows that due process is often a mirage when federal bureaucrats drop their hammer. Before enacting sweeping new gun prohibitions, we should remember the collateral damage and constitutional absurdities from previous federal crackdowns.

Gun control advocates have called for prohibiting possession of AR-15 rifles — a ban that could create five million new felons overnight, since most owners would not meekly surrender their firearms at the nearest federal office. Others advocate outlawing all semi-automatic firearms — an edict first floated by the Clinton administration that would create tens of millions of new offenders.

But before vesting vast new power in federal enforcers, the record of the Alcohol, Tobacco and Firearms (ATF) agency must be considered. A 1982 Senate Subcommittee on the Constitution report on ATF concluded, "Enforcement tactics made possible by current firearms laws are constitutionally, legally, and practically reprehensible.” Outrageous abuses have continued to the present day. An analysis conducted for the University of Chicago found that ATF heavily targeted racial minorities in its entrapment operations. And across the nation, ATF has been caught using mentally handicapped individuals in sting operations.
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Hollywood Hoopla Ignores Media's History of Servility

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Much of the media nowadays is portraying itself as heroes of the #Resist Trump movement. To exploit that meme, Hollywood producer Steven Spielberg rushed out “The Post,” a movie depicting an epic press battle with the Nixon administration. But regardless of whether Spielberg’s latest wins the Academy Award for best picture on Sunday night, Americans should never forget the media’s long history of pandering to presidents and the Pentagon.
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Guilt by Musical Association

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Should the feds be permitted to treat anyone who is not a choirboy like a criminal suspect? Unfortunately, local, state, and federal agencies have a long history of targeting, harassing, and entrapping fans of untraditional music. Because so many innocuous activities have become criminalized in recent decades, it has never been easier for the feds to tar any group they please. Precedents established against devotees of unruly music could be used in the future against peaceful libertarians.

From the 1930s onwards, the feds often went after jazz musicians in part because of their frequent use of marijuana — which was proscribed nationally by the Marijuana Tax Act of 1937. After the end of Prohibition, there were plenty of unemployed federal agents, and the launch of a new war — spurred by films such as Reefer Madness — provided full employment for meddlers with guns and badges.

In the 1980s and 1990s, the feds launched vendettas against Grateful Dead fans. Although the name “Deadhead” sounds ominous, Dead- heads tended to be aging hippies or naive college kids in ancient Volkswagen buses, lost souls who loved to talk about peace and nature and happiness and love. Cynics often joked that Deadheads should “Get a life!” Instead, the DEA acted as if Deadheads deserved prison sentences long enough to destroy their lives. Use of LSD — a hallucinogen — was widespread among Deadheads.
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