The Armed Career Criminal Act of 1984 ( ACCA ) is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms if they are convicted of certain crimes three or more times . Pennsylvania Senator Arlen Specter was a key proponent for the legislation.
116-627: If a felon has three or more prior convictions for offenses that are "violent felony" offenses or "serious drug offenses," the Act provides a minimum sentence of fifteen years imprisonment, instead of the ten-year maximum prescribed under the Gun Control Act . The Act provides for an implied maximum sentence of life imprisonment. The ACCA has been through numerous revisions in Congress and has evolved considerably since its passage in 1984. The ACCA
232-560: A mens rea of recklessness do not qualify as violent felonies for the purposes of the ACCA. In Wooden v. United States (2022), the Supreme Court ruled that for purposes of considering the enhanced sentences, multiple convictions arising from crimes committed at the same "occasion" are considered to be a single criminal episode toward the three-strikes rule. Gun Control Act The Gun Control Act of 1968 ( GCA or GCA68 )
348-409: A New Deal platform and was effectively aided by his wife. He served as a U.S. Representative from April 10, 1937, to January 3, 1949. President Roosevelt found Johnson to be a political ally and conduit for information, particularly regarding the internal politics of Texas and the machinations of Vice President John Nance Garner and House Speaker Sam Rayburn . Johnson was immediately appointed to
464-641: A "serious" drug crime was considered and further defined by the Supreme Court in United States v. Rodriquez . In Taylor v. United States , the Court was called upon to determine the meaning of the word "burglary" in ACCA and, specifically, whether a conviction in Missouri for second-degree burglary was, in fact, a predicate conviction. The court concluded that an offense constitutes "burglary" under 924(e) if, regardless of its exact definition or label, it has
580-581: A Bachelor of Science in history and his certificate of qualification as a high school teacher. He briefly taught at Pearsall High School in Pearsall, Texas before taking a position teaching public speaking at Sam Houston High School in Houston. When he returned to San Marcos in 1965, after signing the Higher Education Act of 1965 , Johnson reminisced: I shall never forget the faces of
696-897: A U.S. representative, he was called to active duty three days after the Japanese attack on Pearl Harbor in December 1941. His first orders were to report to the Office of the Chief of Naval Operations in Washington, D.C. , for instruction and training. Following his training, Johnson asked Undersecretary of the Navy James Forrestal for a job in Washington, D.C. He was instead sent to inspect shipyard facilities in Texas and on
812-586: A background check requirement of prospective gun purchasers by licensed sellers, and created a list of categories of individuals to whom the sale of firearms is prohibited: It would also be amended again in 1994 by the Violence Against Women Act to strengthen firearm bans against domestic abusers. The amended law stated: It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person— (1)
928-614: A day laborer. In 1926, Johnson enrolled at SWTSTC. He worked his way through school, participated in debate and campus politics, and edited the school newspaper, The College Star . The college years refined his skills of persuasion and political organization. For nine months, from 1928 to 1929, Johnson paused his studies to teach Mexican–American children at the segregated Welhausen School in Cotulla, Texas , 90 miles (140 km) south of San Antonio . The job helped him to save money to complete his education, and he graduated in 1930 with
1044-533: A felon in possession of a firearm faces more severe punishment if he has three or more previous convictions for a 'violent felony,' a term defined to include any felony that 'involves conduct that presents a serious potential risk of physical injury to another.' 18 U. S. C. §924(e)(2)(B). We must decide whether this part of the definition of a violent felony survives the Constitution’s prohibition of vague criminal laws...We hold that imposing an increased sentence under
1160-481: A handgun to any individual less than 21 years of age. While the Gun Control Act prohibits the direct mail-ordering of firearms, a person may ship a gun via contract carrier (such as United Parcel Service (UPS), United States Postal Service , or FedEx ) to a gunsmith (who has an FFL) or the gunmaker's factory for repairs or modification. After the repair work is done, the gunsmith or the factory can ship
1276-492: A hostile position towards civil rights legislation like almost all other Southern Democrat legislators; voting against anti- lynching legislation, anti- poll tax legislation and the Fair Employment Practice Committee . In April 1941, incumbent U.S. Senator Morris Sheppard from Texas died. Under Texas law, a special election for a vacant Senate seat must be held within a few months of
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#17327823433241392-423: A majority of one (29–28). The state Democratic convention upheld Johnson. Stevenson went to court, eventually taking his case before the U.S. Supreme Court , but with timely help from his friend and future U.S. Supreme Court Justice Abe Fortas , Johnson prevailed on the basis that jurisdiction over naming a nominee rested with the party, not the federal government. Johnson soundly defeated Republican Jack Porter in
1508-410: A medical marijuana card holder is a violation. Additionally, 18 U.S.C 922 (x) generally prohibits people under 18 years of age from possessing handguns or handgun ammunition with certain exceptions for employment, target practice, education, and a handgun possessed while defending the home of the juvenile or a home in which they are a guest. The Brady Handgun Violence Prevention Act of 1993 created
1624-583: A mission similar to that of the Truman Committee in the Senate. He probed the peacetime "business as usual" inefficiencies that permeated the naval war and demanded that admirals get the job done. Johnson went too far when he proposed a bill that would crack down on the draft exemptions of shipyard workers if they were absent from work too often; organized labor blocked the bill and denounced him. Johnson's biographer Robert Dallek concludes, "The mission
1740-516: A movie camera to record conditions, and reported to Roosevelt, Navy leaders, and Congress that conditions were deplorable and unacceptable. Some historians have suggested this was in exchange for MacArthur's recommendation to award the Silver Star. He argued that the southwest Pacific urgently needed a higher priority and a larger share of war supplies. Warplanes that were sent there were "far inferior" to Japanese planes, and U.S. Navy morale there
1856-478: A sentence automatically reinstate rights to vote, sit on a jury, or serve in public office, no states restore gun ownership rights upon completion of a sentence. Some states reinstate rights depending on the crime convicted of, and others have a petition process. Those convicted of a federal offense must contact the Office of the Pardon Attorney, Department of Justice, to receive a presidential pardon. Under
1972-598: A small farmhouse on the Pedernales River . He was the eldest of five children born to Samuel Ealy Johnson Jr. and Rebekah Baines. Johnson wasn't given a name until he was three months old, as his parents couldn't agree on a name that both liked. Finally, he was named after "criminal lawyer—a county lawyer" W. C. Linden, who his father liked; his mother agreed on the condition of spelling it as Lyndon. Johnson had one brother, Sam Houston Johnson , and three sisters, Rebekah, Josefa, and Lucia. Through his mother, he
2088-654: A term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to marihuana or any depressant or stimulant drug (as defined in section 201 (v) of the Federal Food, Drug, and Cosmetic Act) or narcotic drug (as defined in section 4731 (a) of the Internal Revenue Code of 1954)" The Gun Control Act of 1968 was amended in 1993 by the Brady Handgun Violence Prevention Act which introduced
2204-470: A week. Johnson was announced the winner by 87 votes out of 988,295, an extremely narrow margin. However, Johnson's victory was based on 200 "patently fraudulent" ballots reported six days after the election from Box 13 in Jim Wells County , in an area dominated by political boss George Parr . The added names were in alphabetical order and written with the same pen and handwriting, at the end of
2320-599: Is Title I of the U.S. federal firearms laws. The National Firearms Act of 1934 (NFA) is Title II. Both GCA and NFA are enforced by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 18 USC chapter 44 was first enacted by the Omnibus Crime Control and Safe Streets Act of 1968 . GCA repealed the Federal Firearms Act of 1938 , though many of its provisions were reenacted as part of
2436-432: Is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act. The GCA was signed into law by President Lyndon B. Johnson on October 22, 1968, and
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#17327823433242552-522: Is closer to police/combat-style competition and not comparable to more traditional types of sports), nor does it allow for collection for historical or design interest. The law also required that all newly manufactured firearms produced by licensed manufacturers in the United States and imported into the United States bear a gun serial number . Firearms manufactured before the Gun Control Act and firearms manufactured by non-FFLs remain exempt from
2668-502: Is to date the only President in U.S. history to be sworn in by a woman. Johnson was convinced of the need to make an immediate show of transition of power after the assassination to provide stability to a grieving nation. He and the Secret Service , not knowing whether the assassin acted alone or as part of a broader conspiracy , felt compelled to return rapidly to Washington, D.C.; this was greeted by some with assertions that he
2784-550: Is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) has been adjudicated as a mental defective or has been committed to any mental institution; (5) who, being an alien; (6) who has been discharged from
2900-430: The 1932 U.S. presidential election , Johnson became a lifelong supporter of Roosevelt's New Deal . Johnson was elected speaker of the "Little Congress", a group of Congressional aides, where he cultivated Congressmen, newspapermen, and lobbyists. Johnson's friends soon included aides to President Roosevelt as well as fellow Texans such as vice president John Nance Garner and congressman Sam Rayburn . In 1935, Johnson
3016-517: The 22nd Bomb Group base, which was assigned the high-risk mission of bombing the Japanese airbase at Lae in New Guinea . On June 9, 1942, Johnson volunteered as an observer for an airstrike on New Guinea. Reports vary on what happened to the aircraft carrying Johnson during that mission. MacArthur recommended Johnson for the Silver Star for gallantry in action; the citation indicated that
3132-668: The Civil Rights Acts of 1957 and 1960 to passage — the first civil rights bills to pass Congress since the Enforcement Acts and the Civil Rights Act of 1875 during Reconstruction . Johnson negotiated a middle course between Northern liberal senators and the Southern bloc of senators who had opposed such legislation by removing key enforcement provisions, such as Title III, which authorized
3248-680: The House Judiciary Committee on January 10, 1967 , with this instance resulting in the bill staying on the legislative docket. The April 4, 1968, assassination of Martin Luther King Jr. , shortly followed by the June 5 assassination of Robert F. Kennedy , as well as the shooting at the University of Texas two years previously , compounded by shifting societal attitudes towards gun ownership, renewed efforts to pass
3364-612: The Korean War began in 1950, he called for more troops and for improved weapons. Johnson ensured that every report was endorsed unanimously by his committee. He used his political influence in the Senate to receive broadcast licenses from the Federal Communications Commission in his wife's name. In the 1952 elections , Republicans won a majority in both the House and Senate. In January 1953, Johnson
3480-533: The National Instant Criminal Background Check System (NICS) to prevent firearms sales to such prohibited people. The Violence Against Women Act of 1994 strengthened bans against domestic abusers by enforcing domestic violence protection orders which barred people subject to family violence protection orders from having firearms. The Gun Control Act mandated the licensing of individuals and companies engaged in
3596-663: The Naval Affairs Committee . He worked hard for rural electrification , getting approval to complete the hydroelectric Mansfield Dam on the Colorado River near Austin. Johnson also sponsored projects that gave his Texas district soil conservation , public housing , lower railroad freight rates , and expanded credit for loans to farmers. He steered the projects towards contractors he knew, such as Herman and George Brown , who financed much of Johnson's future career. During this time Johnson maintained
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3712-613: The Southern Caucus within the Conservative coalition that dominated the Senate. With Russell's support, Johnson won election as Democratic whip in 1951, serving in this capacity until 1953. While serving as whip, Johnson increased his ability to persuade people to reach agreement. As a member of the Senate Committee on Interstate and Foreign Commerce , he was chairman of the Senate subcommittee that refused
3828-511: The United States House of Representatives , he appointed Johnson as his legislative secretary. This marked Johnson's formal introduction to politics. Johnson secured the position on the recommendation of his father and that of state senator Welly Hopkins, for whom Johnson had campaigned in 1930. Kleberg had little interest in the day-to-day duties of a Congressman, instead delegating them to Johnson. After Franklin D. Roosevelt won
3944-664: The West Coast . In the spring of 1942, President Roosevelt decided he needed better information on conditions in the Southwest Pacific , and wanted a trusted political ally to obtain it. Forrestal suggested Johnson. Roosevelt assigned Johnson to a three-man survey team covering the Southwest Pacific. Johnson reported to General Douglas MacArthur in Australia. Johnson and two U.S. Army officers went to
4060-548: The American labor movement". At the same time as his vice presidential run, Johnson also sought a third term in the U.S. Senate. According to Robert Caro: Johnson won an election for both the vice presidency of the United States, on the Kennedy–Johnson ticket, and for a third term as senator (he had Texas law changed to allow him to run for both offices). When he won the vice presidency, he made arrangements to resign from
4176-483: The Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States, has renounced their citizenship; (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to
4292-639: The Department's rules governing petitions for executive clemency, 28 C.F.R. §§ 1.1 et seq., an applicant must satisfy a minimum waiting period of five years before he becomes eligible to apply for a presidential pardon of his federal conviction. According to a 21 Sep 2011 "Open Letter to All Federal Firearms Licensees" from the ATF, holders of state-issued medical marijuana cards are automatically "prohibited people" under 18 U.S.C 922 (g)(3) and "shipping, transporting, receiving or possessing firearms or ammunition" by
4408-579: The GCA, which revised the FFA and its predecessor, the National Firearms Act of 1934 (NFA). The bill was initially prompted by the assassination of U.S. President John F. Kennedy in 1963. The President was shot and killed with a rifle purchased by mail order from an ad in the magazine American Rifleman . Congressional hearings followed and a ban on mail-order gun sales was discussed, but no law
4524-597: The House, which permitted him to maintain numerous allies, including George Berham Parr , who ran a political machine in the Lower Rio Grande Valley in South Texas. U.S. Senator W. Lee O'Daniel became unpopular during his time in the Senate, and decided to forgo a bid for re-election in 1948, so Johnson began preparing for a close Senate runoff by arranging for his supporters who controlled votes, including Parr, to withhold their final tallies until
4640-603: The Interstate Shipment of Firearms", and Senate Bill 1592 in 1965, "A Bill to Amend the Federal Firearms Act of 1938". Both were introduced by Senator Thomas J. Dodd but in both cases the bill was met with fierce opposition, effectively shutting down the earliest efforts for gun control legislation regarding the mail-order rifles. The bill was once again introduced into the House of Representatives by
4756-592: The Navy Reserve, where he was promoted to commander on October 19, 1949, effective June 2, 1948. He resigned from the Navy Reserve effective January 18, 1964. In 1948 , Johnson again ran for the U.S. Senate and won the general election after being declared winner in a highly controversial Democratic Party primary election against the well-known former governor Coke Stevenson . Johnson drew crowds to fairgrounds with his rented Sikorsky S-51 helicopter, dubbed "The Johnson City Windmill". He raised money to flood
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4872-644: The Oval Office and to employ a full-time staff within the White House. In 1961, Kennedy appointed Johnson's friend Sarah T. Hughes to a federal judgeship. Johnson tried but failed to have Hughes nominated at the beginning of his vice presidency. House Speaker Sam Rayburn wrangled the appointment from Kennedy in exchange for support of an administration bill. Many members of the Kennedy White House were openly contemptuous of Johnson, including
4988-486: The Senate and, with Democrats winning the majority in the Senate, he became majority leader . President Dwight D. Eisenhower found Johnson more cooperative than the Senate Republican leader, William F. Knowland of California. Particularly on foreign policy, Johnson offered bipartisan support to the president. Historians Caro and Dallek consider Johnson the most effective Senate majority leader ever. He
5104-427: The Senate rendered him a potential Democratic presidential candidate. James H. Rowe repeatedly urged Johnson to launch a campaign in early 1959, but Johnson thought it was better to wait, thinking that Senator John F. Kennedy 's candidacy would create a division in the ranks that could then be exploited. Johnson's strategy was to sit out the primaries and to rely on his legislative record as Senate Majority Leader ,
5220-451: The Senate, as he was required to do under federal law, as soon as it convened on January 3, 1961. Johnson was re-elected senator with 1,306,605 votes (58 percent) to Republican John Tower 's 927,653 (41.1 percent). Fellow Democrat William A. Blakley was appointed to replace Johnson, but lost a special election in May 1961 to Tower. After the election, Johnson was concerned about
5336-408: The Senate. The lieutenant governor, Coke R. Stevenson , was not in favor of prohibition, making his possible promotion to Governor a key selling point for the state's business interests in manipulating the election results. In the final vote tally, Johnson fell short by just 0.23% of the vote. While Johnson's loss in the 1941 Senate race was a stinging defeat, he did not have to give up his seat in
5452-523: The South. President Kennedy was assassinated on November 22, 1963, in Dallas , Texas. Later that day, Johnson took the presidential oath of office aboard Air Force One . Cecil Stoughton 's iconic photograph of Johnson taking the oath of office as Mrs. Kennedy looks on is the most famous photo ever taken aboard a presidential aircraft. Johnson was sworn in by District Court judge Sarah T. Hughes and
5568-737: The Sport Fishing Institute, Howard Carter Jr. of the National Shooting Sports Foundation , E. C. Hadley of the Sporting Arms and Ammunition Manufacturers' Institute , Robert T. Dennis of the Izaak Walton League , "and countless other sportsmen, and sportsmen and industry groups" because it would have a far-reaching and damaging effect on the hunting and shooting sports, while failing to reduce crime. In his remarks upon signing
5684-581: The U.S. House of Representatives in 1937. In 1948, he was controversially declared the winner in the Democratic primary for the U.S. Senate election in Texas before winning the general election. He became Senate majority whip in 1951, Senate Democratic leader in 1953 and majority leader in 1954. Senator Kennedy bested Johnson and his other rivals for the 1960 Democratic presidential nomination before surprising many by offering to make Johnson his vice presidential running mate. The Kennedy–Johnson ticket won
5800-519: The act in October 1968, Johnson said: "Congress adopted most of our recommendations. But this bill—as big as this bill is—still falls short, because we just could not get the Congress to carry out the requests we made of them. I asked for the national registration of all guns and the licensing of those who carry those guns. For the fact of life is that there are over 160 million guns in this country—more firearms than families. If guns are to be kept out of
5916-622: The attorney general to initiate civil action for preventive relief in a wide range of civil rights matters. Being a Southerner was seen as an impossible barrier for a presidential candidate and towards the end of his Senate career as well as not signing the Southern Manifesto, he distanced himself further from the Southern Caucus in 1959 by joining the Democrat's Western regional conference. In 1960 , Johnson's success in
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#17327823433246032-621: The basic elements of burglary. On June 26, 2015, the Supreme Court of the United States ruled in Johnson v. United States that part of the ACCA is unconstitutional. The Court struck down a "catchall phrase" (also known as a residual clause) in the ACCA that was described as "vague" in outlining acts that could result in a harsher sentence. "Under the Armed Career Criminal Act of 1984, a defendant convicted of being
6148-711: The bill. On June 11, 1968, a tie vote in the House Judiciary Committee halted the bill's passage. On reconsideration nine days later, the bill was passed by the committee. The Senate Judiciary Committee similarly brought the bill to a temporary halt, but as in the House, it was passed on reconsideration. House Resolution 17735, known as the Gun Control Act, was signed into law by President Lyndon B. Johnson on October 22, 1968 banning mail-order sales of rifles and shotguns and prohibiting most felons, drug users, and people found mentally incompetent from buying guns. This act also included provisions that redefined
6264-442: The boys and the girls in that little Welhausen Mexican School, and I remember even yet the pain of realizing and knowing then that college was closed to practically every one of those children because they were too poor. And I think it was then that I made up my mind that this nation could never rest while the door to knowledge remained closed to any American. After Richard M. Kleberg won a 1931 special election to represent Texas in
6380-701: The building of the Berlin Wall . He also attended Cabinet and National Security Council meetings. Kennedy gave Johnson control over all presidential appointments involving Texas, and appointed him chairman of the President's Ad Hoc Committee for Science. Kennedy also appointed Johnson Chairman of the National Aeronautics and Space Council . The Soviets beat the United States with the first crewed spaceflight in April 1961, and Kennedy gave Johnson
6496-406: The business of buying or selling firearms. Individuals buying and selling firearms without a federal license must be doing so from their collection. Under the Gun Control Act, a federally licensed importer, manufacturer, dealer, or collector shall not sell or deliver any rifle or shotgun or ammunition for rifle or shotgun to any individual less than 18 years of age, nor any handgun or ammunition for
6612-490: The business of selling firearms. This provision effectively prohibited the direct mail order of firearms (except antique firearms ) by consumers and mandated that anyone who wants to buy a gun in an interstate transaction from a source other than a private individual must do so through a federally licensed firearms dealer. The Act also banned unlicensed individuals from acquiring handguns outside their state of residence. The interstate purchase of long guns (rifles and shotguns)
6728-424: The creation of Medicare and Medicaid . Johnson made the Apollo program a national priority; enacted the Higher Education Act of 1965 , which established federally insured student loans; and signed the Immigration and Nationality Act of 1965 , which laid the groundwork for U.S. immigration policy today. Johnson's stance on civil rights put him at odds with other white, Southern Democrats . His civil rights legacy
6844-596: The death of former U.S. Senator James A. McClure , the NRA called provisions of the GCA "draconian". McClure was a cosponsor of the Firearm Owners Protection Act (FOPA) of 1986, also called the McClure-Volkmer Act. Political scientist Robert Spitzer wrote in 2011 that the Gun Control Act of 1968 "provides an ideal case study to highlight the political processes affecting a direct effort to regulate firearms". He also stated in his book that President Johnson's proposal called for national registration of all guns as well as licensing for all gun carriers, but his influence over
6960-413: The definitions of firearms within the United States and provided more rules for weapons manufacturers and licensed sellers on interstate commerce of ammunition and other firearm accessories. When it took effect in 1968, the Gun Control Act of 1968 stated that firearm sales were prohibited to anyone who "(1) is under indictment for, or has been convicted in a court of, a crime punishable by imprisonment for
7076-412: The enacted law was small. House Rules Committee chair William Colmer only released H.R. 17735 to the floor after Judiciary Committee chair Emanuel Celler promised to oppose efforts to add licensing and registration provisions. Lyndon B. Johnson Lyndon Baines Johnson ( / ˈ l ɪ n d ə n ˈ b eɪ n z / ; August 27, 1908 – January 22, 1973), also known as LBJ ,
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#17327823433247192-487: The executive branch. He drafted an executive order for Kennedy's signature, granting Johnson "general supervision" over matters of national security, and requiring all government agencies to "cooperate fully with the vice president in the carrying out of these assignments". Kennedy's response was to sign a non-binding letter requesting Johnson to "review" national security policies instead. Kennedy similarly turned down early requests from Johnson to be given an office adjacent to
7308-402: The general election . Vice President Johnson assumed the presidency in 1963, after President Kennedy was assassinated. The following year, Johnson was elected to the presidency in a landslide , winning the largest share of the popular vote for the Democratic Party in history, and the highest for any candidate since the advent of widespread popular elections in the 1820s. Johnson's Great Society
7424-496: The general election in November and went to Washington, permanently dubbed "Landslide Lyndon". Johnson, dismissive of his critics, happily adopted the nickname. During his two terms in the Senate, Johnson drifted rightward. He felt he had to tread carefully lest he offend politically powerful conservative oil and gas interests in Texas , and in part to curry favor with the chamber's powerful southern chairmen, most notably Senator Richard Russell , Democrat from Georgia and leader of
7540-410: The genius of analogy made The Treatment an almost hypnotic experience and rendered the target stunned and helpless. In 1956, during the Suez Crisis , Johnson tried to prevent the U.S. government from criticizing Israel for its invasion of the Sinai Peninsula . Along with much of the rest of the nation, Johnson was appalled by the threat of possible Soviet domination of space exploration implied by
7656-409: The gun directly back to the customer. The GCA created what is known as the "sporting purposes" standard for imported firearms, saying that they must "be generally recognized as particularly suitable for or readily adaptable to sporting purposes". GCA sporting purposes include hunting and organized competitive target shooting but do not include " plinking " or " practical shooting " (which the ATF says
7772-402: The hands of the criminal, out of the hands of the insane, and out of the hands of the irresponsible, then we just must have licensing. If the criminal with a gun is to be tracked down quickly, then we must have registration in this country. The voices that blocked these safeguards were not the voices of an aroused nation. They were the voices of a powerful lobby, a gun lobby, that has prevailed for
7888-638: The head of the President's Committee on Equal Employment Opportunities , where Johnson worked with African Americans and other minorities. Kennedy may have intended this to remain a nominal position, but Taylor Branch contends in his book Pillar of Fire that Johnson pushed the Kennedy administration's actions further and faster for civil rights than Kennedy originally intended. Johnson went on multiple minor diplomatic missions, which gave him some insights into global issues and opportunities for self-promotion. During his visit to West Berlin on August 19–20, 1961, Johnson sought to calm Berliners who were outraged by
8004-447: The hint of threat. It was all of these together. It ran the gamut of human emotions. Its velocity was breathtaking and it was all in one direction. Interjections from the target were rare. Johnson anticipated them before they could be spoken. He moved in close, his face a scant millimeter from his target, his eyes widening and narrowing, his eyebrows rising and falling. From his pockets poured clippings, memos, statistics. Mimicry, humor, and
8120-408: The launch of Sputnik 1 , the first artificial Earth satellite , and used his influence to ensure passage of the National Aeronautics and Space Act of 1958 , which established NASA . Johnson helped establish the Senate Aeronautical and Space Committee , and made himself its first chairman. During his tenure as Majority Leader, Johnson did not sign the 1956 Southern Manifesto , and shepherded
8236-441: The law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. 18 U.S.C 922 (3) imposes punishment for being a drug addict, which was found to be unconstitutional by SCOTUS in Robinson v. California in 1962. While many states upon completion of
8352-594: The lead... They kept changing the results, and our lead got smaller and smaller and smaller. Finally, on Wednesday afternoon, we wound up on the short side of the stick and lost the election by 1,311 votes. I'm basically responsible for losing that 1941 campaign. We let them know exactly how many votes they had to have. In addition to O'Daniel's allies, state business interests aligned with former impeached and convicted Texas Governor "Pa" Ferguson had been concerned with O'Daniel's support of prohibition as Governor; they believed that he could do much less damage to their cause in
8468-628: The list of voters. Some on this part of the list insisted that they had not voted that day. Election judge Luis Salas said in 1977 that he had certified 202 fraudulent ballots for Johnson. Robert Caro made the case in his 1990 book that Johnson had stolen the election in Jim Wells County, and that there were thousands of fraudulent votes in other counties as well, including 10,000 votes switched in San Antonio . The Democratic State Central Committee voted to certify Johnson's nomination by
8584-401: The mission came under attack and Johnson's aircraft experienced mechanical problems, forcing it to turn back before reaching its objective. Others claim that the aircraft turned back because of generator trouble before encountering enemy aircraft and never came under fire, an account that is supported by the aircraft's official flight records. Other airplanes that continued came under fire near
8700-599: The moment in an election year." At the time of its passage in 1968, NRA executive vice president Franklin Orth wrote in American Rifleman that "the measure as a whole appears to be one that the sportsmen of America can live with". In the May 1993 issue of Guns & Ammo magazine, Jews for the Preservation of Firearms Ownership (JPFO) compared the GCA to Nazi gun laws . In a 2011 article noting
8816-531: The only ballot at the Democratic convention to Kennedy's 806, and so the convention nominated Kennedy. Tip O'Neill was a representative from Kennedy's home state of Massachusetts at that time, and he recalled that Johnson approached him at the convention and said, "Tip, I know you have to support Kennedy at the start, but I'd like to have you with me on the second ballot." O'Neill replied, "Senator, there's not going to be any second ballot." After much discussion with party leaders and others, Kennedy offered Johnson
8932-459: The partner or child, except that this paragraph shall only apply to a court order that— (9) has been convicted in any court of a misdemeanor crime of domestic violence. With the following exceptions: (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if
9048-463: The perpetrator employed more force than is necessary to remove the property from that person. The Government further stated that, “slight offensive touching” would not satisfy the Florida robbery statute. Therefore, not all incidents of pick pocketing or snatching are automatically considered robbery offenses under the Florida statute which includes provisions for lesser theft crimes. The definition of
9164-629: The president's brother, Attorney General Robert F. Kennedy , and they ridiculed his comparatively brusque and crude manner. Then Congressman Tip O'Neill recalled that the Kennedy brothers "had a disdain for Johnson that they didn't even try to hide.... They actually took pride in snubbing him." Kennedy made efforts to keep Johnson busy and informed, telling aides, "I can't afford to have my vice president, who knows every reporter in Washington, going around saying we're all screwed up, so we're going to keep him happy." Kennedy appointed him to jobs such as
9280-588: The public became frustrated with both the Vietnam War and domestic unrest, including race riots in major cities and increasing crime. Johnson initially sought to run for re-election; however, following disappointing results in the New Hampshire primary he withdrew his candidacy . Johnson retired to his Texas ranch and died in 1973. Public opinion and academic assessments of Johnson's legacy have fluctuated greatly. Historians and scholars rank Johnson in
9396-468: The race resulted from his fear of losing. Johnson attempted in vain to capitalize on Kennedy's youth, poor health, and failure to take a position regarding McCarthyism . He had formed a "Stop Kennedy" coalition with Adlai Stevenson , Stuart Symington , and Hubert Humphrey, but it proved a failure. Despite Johnson having the support of established Democrats and the party leadership, this did not translate into popular approval. Johnson received 409 votes on
9512-858: The re-nomination of Leland Olds as Chairman of the Federal Power Commission on the grounds that he had been sympathetic towards Communism. Johnson was appointed to the Senate Armed Services Committee , and became increasingly concerned with the country's military preparedness in the Cold War with the Soviet Union . He became chairman of the Senate Preparedness Investigating Subcommittee , and conducted investigations of defense costs and efficiency. After
9628-555: The religious beliefs that his family , especially his grandfather, had shared with him. Johnson grew up poor, with his father losing a great deal of money. Biographer Robert Caro described him as being raised "in a land without electricity, where the soil was so rocky that it was hard to earn a living from it." In school, Johnson was a talkative youth who was elected president of his 11th-grade class. He graduated in 1924 from Johnson City High School , where he participated in public speaking , debate , and baseball . At 15, Johnson
9744-517: The residual clause of the Armed Career Criminal Act violates the Constitution’s guarantee of due process. Our contrary holdings in James and Sykes are overruled. Today’s decision does not call into question application of the Act to the four enumerated offenses, or the remainder of the Act’s definition of a violent felony." In Borden v. United States (2021), the Supreme Court ruled that previous crimes with
9860-411: The same state are allowed under federal law so long as such transfers do not violate the other existing federal and state laws. While current law mandates that a background check be performed if the seller has a federal firearms license, private parties living in the same state are not required to perform such checks under federal law. A person who does not have a Federal Firearms License may not be in
9976-544: The serial number requirement. Defacement or removal of the serial number (if present) became a felony offense under the law where previously no serial number was required. In a June 1966 essay, Neal Knox wrote that what was then called the Dodd Bill was opposed by outdoorsmen and conservationists Harry R. Woodward , C. R. Gutermuth of the Wildlife Management Institute, Richard H. Stroud of
10092-563: The state with campaign circulars and won over conservatives by casting doubts on Stevenson's support for the Taft–Hartley Act (curbing union power). Stevenson came in first in the primary but lacked a majority, so a runoff election was held; Johnson campaigned harder, while Stevenson's efforts slumped due to a lack of funds. The runoff vote count, handled by the Democratic State Central Committee, took
10208-416: The statewide results were announced. By waiting until the statewide result was reported, Johnson was able to know the figure he had to surpass and so could add as many votes as necessary to his total. It would prove consequential, as Johnson would win the Democratic primary in 1948 by just 87 votes. Johnson was appointed a lieutenant commander in the U.S. Naval Reserve on June 21, 1940. While serving as
10324-685: The support of Southern Democrats , and the favors owed by Democratic senators to him and by Democratic representatives to his close ally Sam Rayburn, the Speaker of the House. In July 1960, Johnson finally entered the campaign. Johnson's late entry, coupled with his reluctance to leave Washington, D.C., allowed rival John F. Kennedy to secure a substantial early lead in securing support from Democratic state party officials. Johnson underestimated Kennedy's endearing charm and intelligence in comparison to his perceived crude and wheeling-dealing "Landslide Lyndon" style. Caro suggests that Johnson's hesitancy to enter
10440-414: The target about the same time Johnson's plane was recorded as having landed back at the original airbase. Johnson's biographer Robert Caro was quoted as saying "I think that the weight of the evidence at this moment is that the plane was attacked by Zeroes and that he was cool under fire", but also "The fact is, LBJ never got within sight of Japanese forces. His combat experience was a myth." Johnson used
10556-520: The task of evaluating the U.S. space program and recommending a project that would allow the United States to catch up or beat the Soviets. Johnson recommended that the United States gain the leadership role by committing to landing an American on the Moon in the 1960s . Kennedy assigned priority to the space program, but Johnson's appointment provided cover in case of a failure. In August 1963, Johnson
10672-498: The traditionally ineffective nature of his new office and sought authority not allotted to him as vice president. He initially sought a transfer of the authority of Senate majority leader to the vice presidency, since that office made him president of the Senate, but faced vehement opposition from the Democratic Caucus, including members whom he had counted as his supporters. Johnson sought to increase his influence within
10788-400: The upper tier for his accomplishments regarding domestic policy. His administration passed many major laws that made substantial changes in civil rights, health care, welfare, and education. Conversely, Johnson is heavily criticized for his foreign policy, namely escalating American involvement in the Vietnam War. Lyndon Baines Johnson was born on August 27, 1908, near Stonewall, Texas , in
10904-482: The vacancy, meaning that the election would not be held during a normal November election, giving Johnson the chance to run without forfeiting his seat in the House. The election would be held without party primaries, and with no runoff, meaning that Johnson would have to compete against every Democrat — without the chance of facing the frontrunner, Governor W. Lee "Pappy" O'Daniel, in a 1-on-1 runoff election. The first pre-election polls showed Johnson receiving only 5% of
11020-487: The vice presidential nomination at the Los Angeles Biltmore Hotel on July 14, the morning after Kennedy was nominated, and Johnson accepted. From that point to the actual nomination that evening, several facts are in dispute, including whether convention chairman LeRoy Collins ' had the two-thirds majority required to begin the convention's proceedings. Kennedy's choice of Johnson as his running mate
11136-450: The vote tallies. Connally told them to report the votes, which allegedly allowed O'Daniel's political allies among the South and East Texas party bosses to know the exact number of fraudulent votes needed for O'Daniel to catch up to Johnson. According to Connally, The opposition then — Governor O'Daniel and his people — knew exactly how many votes they had to have to take
11252-481: The vote, but Johnson ran a fierce campaign, barnstorming the state and emphasizing his close relationship with President Roosevelt. On Election Day, Johnson held a strong lead in the returns throughout the whole night, and with 96 percent of the ballots counted, Johnson held a 5,000-vote lead. According to John Connally, future Governor and Johnson's campaign manager, local election officials began calling Connally's office and asking him about whether they should report
11368-499: Was "The Treatment", described by two journalists: The Treatment could last ten minutes or four hours. It came, enveloping its target, at the Johnson Ranch swimming pool, in one of Johnson's offices, in the Senate cloakroom, on the floor of the Senate itself – wherever Johnson might find a fellow Senator within his reach. Its tone could be supplication, accusation, cajolery, exuberance, scorn, tears, complaint, and
11484-571: Was a great-grandson of Baptist clergyman George Washington Baines . Johnson's paternal grandfather, Samuel Ealy Johnson Sr. , was raised Baptist and for a time was a member of the Christian Church (Disciples of Christ) . In his later years, Samuel Sr. became a Christadelphian ; Samuel Jr. also joined the Christadelphian Church toward the end of his life. Johnson was influenced in his positive attitude toward Jews by
11600-595: Was a temporary exposure to danger calculated to satisfy Johnson's personal and political wishes, but it also represented a genuine effort on his part, however misplaced, to improve the lot of America's fighting men." In addition to the Silver Star, Johnson received the American Campaign Medal , Asiatic-Pacific Campaign Medal , and the World War II Victory Medal . He was discharged from active duty on July 17, 1942, but remained in
11716-488: Was aimed at expanding civil rights, public broadcasting, access to health care, aid to education and the arts, urban and rural development, consumer protection, environmentalism, and public services. He sought to create better living conditions for low-income Americans by spearheading the war on poverty . As part of these efforts, Johnson signed the Social Security Amendments of 1965 , which resulted in
11832-533: Was appointed head of the Texas National Youth Administration , which enabled him to create government-funded education and job opportunities for young people. He resigned two years later to run for Congress. A notoriously tough boss, Johnson often demanded long workdays and work on weekends. He was described by friends, fellow politicians, and historians as motivated by lust for power and control. As Caro observes, "Johnson's ambition
11948-404: Was chosen by his fellow Democrats as Senate Minority Leader ; he became the most junior senator ever elected to this position. He reformed the seniority system so that Democratic senators, including freshmen, were more likely to receive a committee assignment that closely aligned with their expertise rather than an assignment based solely on their seniority. In 1954 , Johnson was re-elected to
12064-470: Was in too much haste to assume power. In response to the public demand for answers and the growing number of conspiracy theories , Johnson established a commission headed by Chief Justice Earl Warren , known as the Warren Commission , to investigate Kennedy's assassination. The commission conducted extensive research and hearings and unanimously concluded that Lee Harvey Oswald acted alone in
12180-499: Was intended to attract Southern votes. Kennedy was a liberal Bostonian and a Roman Catholic . Johnson was more conservative, a Southerner , and a member of the Disciples of Christ . Nevertheless, labor leaders were unanimous in their opposition to Johnson. AFL-CIO President George Meany called Johnson "the arch-foe of labor", and Illinois AFL-CIO President Reuben Soderstrom asserted Kennedy had "made chumps out of leaders of
12296-466: Was not impeded by the Act so long as the seller is federally licensed and such a sale is allowed by both the state of purchase and the state of residence. Private sales between residents of two different states are also prohibited without going through a licensed dealer, except for the case of a buyer holding a Curio & Relic license purchasing a firearm that qualifies as a curio or relic. Private sales between unlicensed individuals who are residents of
12412-1066: Was originally included with the Comprehensive Crime Control Act of 1984 sponsored by the Reagan Administration and enhanced the penalties for possession of firearms under the Gun Control Act for felons who had been convicted three times of robbery or burglary . The definition of "violent felony" in ACCA has been interpreted by the Supreme Court in Begay v. United States and Chambers v. United States , which determined that neither drunk driving nor failure to report for incarceration were considered violent felonies, respectively. The Supreme Court ruled in Stokeling v. United States (Docket 17-5554) in January 2019 that criminal acts like pick pocketing and purse snatching should only be considered violent felonies if
12528-408: Was passed until 1968. At the hearings NRA Executive Vice-President Franklin Orth supported a ban on mail-order sales, stating, "We do not think that any sane American, who calls himself an American, can object to placing into this bill the instrument which killed the president of the United States." Precursors of the passage of the Gun Control Act were Senate Bill 1975 in 1963, "A Bill to Regulate
12644-484: Was planning on dropping Johnson from the Democratic ticket in the 1964 presidential election . However, on October 31, 1963, a reporter asked if he intended and expected to retain Johnson on the ticket. Kennedy replied, "Yes to both those questions." There is little doubt that Robert Kennedy and Johnson hated each other, yet John and Robert Kennedy agreed that dropping Johnson from the ticket could produce heavy losses in
12760-563: Was poor. Johnson told Forrestal that the Pacific Fleet had a "critical" need for 6,800 additional experienced men. Johnson prepared a twelve-point program to upgrade the effort in the region, stressing "greater cooperation and coordination within the various commands and between the different war theaters". Congress responded by making Johnson chairman of a high-powered subcommittee of the Naval Affairs Committee, with
12876-521: Was shaped by the Civil Rights Act of 1964 , the Voting Rights Act of 1965 , and the Civil Rights Act of 1968 . Due to his domestic agenda, Johnson's presidency marked the peak of modern American liberalism in the 20th century. Johnson's foreign policy prioritized containment of communism, including in the ongoing Vietnam War . Johnson began his presidency with near-universal support, but his approval declined throughout his presidency as
12992-480: Was the 36th president of the United States , serving from 1963 to 1969. He became president after the assassination of John F. Kennedy , under whom he had served as the 37th vice president from 1961 to 1963. A Democrat from Texas , Johnson previously served as a U.S. representative and U.S. senator . Born in Stonewall, Texas , Johnson worked as a teacher and a congressional aide before winning election to
13108-480: Was the youngest in his class. Pressured by his parents to attend college, he enrolled at a "sub college" of Southwest Texas State Teachers College (SWTSTC) in the summer of 1924, where students from unaccredited high schools could take the 12th-grade courses needed for admission to college. He left the school just weeks after his arrival and decided to move to California. He worked at his cousin's legal practice and in odd jobs before returning to Texas, where he worked as
13224-747: Was touched by a Senate scandal when Bobby Baker , the Secretary to the Majority Leader of the Senate and a protégé of Johnson's, came under investigation by the Senate Rules Committee for alleged bribery and financial malfeasance. One witness alleged that Baker arranged for the witness to give kickbacks for the Vice President. Baker resigned in October, and the investigation did not expand to Johnson. The negative publicity, however, fed rumors in Washington circles that Kennedy
13340-409: Was uncommon – in the degree to which it was unencumbered by even the slightest excess weight of ideology, of philosophy, of principles, of beliefs." In 1937, after the death of 13-term congressman James P. Buchanan , Johnson successfully campaigned in a special election for Texas's 10th congressional district , which included Austin and the surrounding Texas Hill Country . He ran on
13456-470: Was unusually proficient at gathering information. One biographer suggests he was "the greatest intelligence gatherer Washington has ever known", discovering exactly where every senator stood on issues, his philosophy and prejudices, his strengths and weaknesses, and what it took to get his vote. Bobby Baker claimed that Johnson would occasionally send senators on NATO trips so they were absent and unable to cast dissenting votes. Central to Johnson's control
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