2016 Election, Crime, Donald Trump, Elections, Hillary Clinton, Issues

Trump steals gun control issue with stop-and-frisk discussion

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Donald Trump effectively took control of the gun control issue at last week’s presidential debate with simple logic; felons and anybody in the act of committing a crime shouldn’t have guns, they never should have been able to and “gun control” can simply mean enforcing the law. However, an easy and effective method of enforcing the law has been attacked by Clinton who attempted to make stop-and-frisk policing appear unconstitutional at the first presidential debate.

During the beginning of the gun control discussion Clinton immediately defended that stop-and-frisk police tactics are unconstitutional. This tactic involves an officer who finds reasonable suspicion of a crime occurring or about to occur and thus, can tap down the outside of an individual’s clothing in order to ensure the individual does not have a weapon. If a weapons is found an arrest can occur.

Despites Clintons claim, stop-and-frisk tactics were named legal in 1968 with the Supreme Court decision of Terry v. Ohio which wrote that, “Where a reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous regardless of whether he has probable cause to arrest that individual for crime or the absolute certainty that the individual is armed.”

The case continues to explain that in a moment of safety when an officer cannot get a warrant “to neutralize the threat of physical harm, take necessary measures to determine whether that person is carrying a weapon.”

This case has never been overturned, it was decided on an 8-1 decision as law of the land. Clinton cannot claim that stop-and-frisk was made illegal. However, she is not completely wrong. Stop-and-frisk procedure was abused once and thus, District Court Judge Shira Scheindlin ruled that the way in which it was being administered in New York City at the time was unconstitutional.

As Rudolph Giuliani, former New York City Mayor, explained in the Wall Street Journal, under his administration with Commissioners William Bratton, Howard Safir and Bernard Kerik the number of stop-and-frisks always fell short of 100,000. The tactics use was expanded under Mayor Michael Bloomberg and Commissioner Ray Kelly to about 600,000 uses since 2013.

This is when the practice was overused and the way it was administered began violating individual rights. The tactic is not a problem, the police are not a problem, in that case the administration was the problem.

For Democrats who call for gun control, stop-and-frisk is a tactic that prevents people who legally should not be carrying a gun from having one. It also serves as a strong deterrent to gun possession by would-be criminals. Rather than complicating gun ownership for legal gun owners, stop-and-frisk is an aggressive way to ensure those most dangerous do not have the tools needed to commit crimes.

Stop-and-frisk also provides law enforcement with an in the moment response to potentially dangerous situations without risking the lives of many by awaiting for potential escalation.

This tactic is a pillar to a law and order campaign such as Trump’s, as it was Giuliani’s two decades ago. The concept is simple, those who are not dangerous or committing crimes will have no problem, while those who are will no longer be a threat. Rather than controlling every one’s guns, control those who are committing crimes in order to execute the law and enforce order.

Democrats have held sit-ins to promote gun control discussion, but despite the legality of Terry standards and proven effectiveness they refuse to bring it up for discussion.

While Clinton continues her claim of stop-and-frisk’s unconstitutionality and supposed racism, Giuliani provides this reminder about what ac tually occurred during the legal use of the practice: “It helped to change New York City from the crime capital of America to the safest large city in the country. In each of those 20 years [of stop-and-frisk], approximately six of 10 murder victims in New York City were African-Americans. In other words, stop and frisk saved many black lives.”

This is a guest post by Natalia Castro a contributing editor at Americans for Limited Government.
  • Robert

    Again a partial part of a long reading,The Supreme Court case also said “that does not say that anyone walking or riding and causing no disturbance can be stopped and searched on a SUSPICION.
    44 pages can not be reduced into 1 sentence to say what you want it to say, everyone in this country has rights.The Republicans complain about gun control, but in essence they started it back in the 30 when they got gun laws against felons who up to that date their guns were returned to them upon leaving prison, our Second Amendment say everyone has a right not just the ones chosen by a few persons who want to control other lives.
    Gun control for felon’s is about as successful as the war on drugs takes a lot of police time and accomplishes nothing. The Right and Left always know they have the answer to all the problems, and they do not even stop and think of the long term consequences. They really think that a quick bandaid will fix everything, and it is not those who got the laws passed who suffer it is the ordinary people. Just like the first infringement on the Second Amendment taking guns away from felons now it has multiplied to where they think they can take guns from everyone.
    HAVE A NICE DAY

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