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National Concealed Carry Reciprocity: The Wrong Answer

Whereas I applaud the NRA and congress-folk for considering a bill of this nature, I cannot support it.  As a staunch Constitutionalist, it’s my view that all concealed carry permit rules be struck down as an infringement of a lawful American’s 2nd Amendment rights.  Since the 2nd Amendment is an enumerated, fundamental right, there should be no permit required to carry – concealed, or openly.

Folk will quickly point out that there are all sorts of infringements on our fundamental rights; so far, every example of which I’ve seen or heard was necessary because an individual or group was claiming a right as the basis to infringe on someone else’s right.  At that point, the judicial branch of the government has the responsibility to defend those who have been wronged.  This is not to say that the government has not overreached – for it has, it has often, and it has badly.  But to say that “this mistake has been done to (my pet issue) therefore it stands that the same mistake must be applied to (your pet issue)” is selfish and un-American.  An American would work to correct the mistake and not force it on another group – even if (s)he doesn’t agree with that group.

Carrying concealed – or openly – does not infringe on anyone else’s rights and efforts to control, regulate, and permit such actions is government sanctioned infringement of an enumerated, fundamental right.

It also provides a mechanism for the government to say how, where, when, if, and who may – or may not – exercise an enumerated, fundamental right.  This too, is an infringement.

I am also concerned that federal oversight would quickly become a way to force those wishing to carry concealed to register those arms in a centralized, federally controlled database.  This will lead to firearm registration for all law abiding, gun-owning Americans.  And there are current, modern examples of what happens after a government forces its citizenry to register its firearms.

If you’ve read this far then let me say one other thing.  This is not a state’s rights issue as some very educated folk are asserting.  The 9th and 10th Amendments reserve for the states and the people all matters not already constructed, addressed, and enumerated by the Constitution.  The firearms issue is already settled in the 2nd Amendment as a fundamental, individual right.  Popular examples of gay marriage and abortion are state’s rights issues because they are not constructed, addressed, or enumerated by the Constitution.  To assert otherwise is disingenuous.

We should watch this issue closely; what appears on the surface to be a good thing strikes me as trying to sugar coat a cow patty.

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List of Women Who’ve Had an Abortion

For a couple of years now it’s been rather en vogue for a liberal or otherwise anti-gun media outlet to find and publish a list of private citizens with a concealed weapons carry permit.  The latest organization succumbing to this infringement on a person’s right to privacy is out of Memphis, Tennessee.  NRAILA.org reports that CommercialAppeal.com listed Tennessee’s citizens who maintain a right-to-carry permit.

It would be bad enough if the list stopped with a simple first and last name.

Instead, CommercialAppeal.com decided to really violate a person’s right to privacy by listing full name, home address, city, zip code, date of birth, when the permit was issued, and when it will expire.

I won’t touch on the ramifications of such private data listed on the internet; identity theft is so rampant that even the mainstream media acknowledges it’s a huge problem.  There are a number of privacy laws from the local municipality all the way to the U.S. Constitution that CommercialAppeal.com has violated; I won’t speak to this because the laws are well known and should be applied to every law-abiding citizen of Tennessee, and the United States.

The main purpose behind exposing a law-abiding citizen to such a violation of his or her privacy has nothing to do with the citizen and everything to do with the guns.  We are told that guns kill people and should be taken out of our nation’s economy.  It’s a difficult thing to do, really; banning guns in the same country that has relied on guns for its own independence has met with fierce resistance from folk who despise the NRA.  

Hence the recent attempt by various legally-challenged media outlets to shame the law-abiding citizen into giving up his or her Second Amendment rights to self-preservation.

And I think this is a great idea.

Let me throw my whole-hearted support behind such a tactic, in fact, I think there should be more lists like this on the internet.

For instance, we should have a list of every woman who’s ever had an abortion; we should tabulate the list with her full name (married and maiden), home address, city, zip code, date of birth, when the abortion(s) were performed and at what facility.

I mean, guns kill people, right?  And we need to shame the gun owners into stopping their guns from killing people by violating his or her right to privacy to do so.  Or at least that’s what CommercialAppeal.com believes.

Abortions kill people, right?  Last time I checked, abortions killed orders of magnitude more people than guns.  We should have such a detailed list on the internet to help prevent those deaths, too.

What’s a little privacy infringement in the name of social justice?  This list would save lives.

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Gay Marriage Rescues Heterosexual Divorce

First, let me get the full disclosure out of the way; I believe marriage should be defined as the union between heterosexual partners – that is, one man and one woman; I’m against gay marriage; I think gay marriage is an overt attack on the sanctity of the family. Since the family unit is the bedrock and smallest cohesive unit of society, I view gay marriage as an attack on the American way of life. Now, I don’t care if a gay couple wants to cohabitate and do whatever it is gay couples do; what happens in the privacy of a home should remain private. That privacy does not extend to birthing (in the case of lesbians) or adopting (either gender) children; children are the fruits of a heterosexual union and should remain that way; so you could say I’m against gay couples having children, too. 

Basically, I’ve always felt that each should be true to him or herself; I’ve only asked for that same courtesy in return. But we’ve gone beyond that now. Gays not only want me to tolerate them in their aberrance, but they are demanding I approve of their lifestyle and choices. This I will never do. 

So we have another gross miscarriage of justice in California this week. Voters in California decided that gay marriage was not for them; in 2000 61% of them voted to ban the practice. This week, the California Supreme Court decided to ignore the will of the voters. Instead of sending the law back to the Legislature to be rewritten, four of the seven justices took it upon themselves to not only overturn the ban, but to legalize gay marriage.

Guess those judges were asleep during the civics classes describing the separation of powers. But I stray.

In thinking about this news and discussing it with my girl, it occurred to me that gay marriage, as ugly and disgusting as it is, will actually be a boon to heterosexual divorce. Follow along with me, reader, and you’ll see where I’m headed in a moment.

Traditionally, when heterosexual couples marry and divorce, the wife is given preferential treatment. The treatment is so preferential that some fathers never get to see their children again. But, in the less extreme, courts have forced fathers to give up the majority of their pay to support the children and ex-wife, subjected the father to supervised visitation if the ex-wife even hints there’s something improper about his relationship with his children, and the list goes on. I challenge you to do a little research into it and read with the dismay of millions of fathers who are being treated like criminals – because they are male.

But now, gay marriage will save all that; it will right the justice system in a way that the men’s movement never could; it will end the prejudice against men and fathers and force a judge to award custody and support based on merit instead of gender roles.

How is gay marriage going to do all this? Easy – gay divorce.

It is a sad fact of our society that over half of all marriages end in divorce. I don’t think gay divorce statistics will be much different (not the honest ones, anyway). So when a gay couple stands before a judge to divvy up the estate, custody, who pays how much in child support, he or she will be forced to view the partners based on merit. Merit here means the ability to contribute to the support of the children. In a male gay couple divorce, there is no woman to automatically prefer with ridiculous child support requirements and draconian visitation rules imposed upon the father. The judge will have to drop this blatant sexism in favor of something more fair; from each according to his ability.

Similarly, in female gay divorces, a judge can’t automatically favor one female over the other – he or she will again be forced to view the case based on the merit of each partner.

We have in our judicial system a preference for previous decisions. The term used is stare decisis, in effect, ‘let the decision stand’. For example, if it was decided in 1967 that ‘separate but equal’ was not Constitutional, any other case that was similar would consider the judge’s decision and usually rule in a comparable manner. 

This is where I bring the tractor-trailer all the way around. Given that merit will be the requirement in gay divorce, it will only be fair and just for heterosexual divorce. No longer will men be treated as a criminal, as nothing more than the gene donor and pocketbook, as nothing more than a dalliance from which the ex-wife can be supported for the rest of her life. True justice will finally – finally – be granted to fathers and ex-husbands, justice that has previously been withheld for a myriad of reasons ranging from prejudice to outright disdain for the male gender. 

I don’t think gay marriage is right for our country or its future and I oppose it in any form it takes. If we are to have this travesty in our society perhaps there’ll be something good borne out of this evil; fathers will once again be respected, sought for more than his paycheck, and put on equal ground as mothers.

It’s about time.

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An Arsenal of Guns

I was reading this article on foxnews.com as a follow-up to the shooting at Northern Illinois University (NIU).  The article is part of the Associated Press syndication that is reprinted on foxnews.com’s website, so there’s no author to source.  Something leapt off the screen while I was reading the piece:

"Steven Kazmierczak, the 27-year-old grad student who bought an arsenal of guns in recent months and used them to kill five people and commit suicide, had been on medication and was said to have spent time in a psychiatric center as a teen in the late 1990s." (emphasis mine)

Of course, being pro-Second Amendment and pro-self-defense, I dug into what exactly constitutes an "arsenal of guns".

According to this article on ABCNews.com, Kazmierczak has three pistols and one shotgun; two of the pistols were legally purchased a week before the shootings; the other pistol and shotgun were purchased in August and December of 2007 (which purchased when was not disclosed by the article).  So we have a fellow who own three handguns and one shotgun.  The Associated Press calls this an "arsenal".

In the movie Lord of War, Nicholas Cage’s character convinces a Soviet officer stationed in the Ukraine to sell the weapons cached at a forward deployed base.  As Cage and the officer walk through the bunker, we see rows and rows of AK-47 rifles, some forty thousand of them; this is what we call an "arsenal". 

It’s rather irresponsible to label what Kazmierczak owned as an "arsenal".  By using that standard, any hunter who has more than one rifle (as most do) would be considered owing an "arsenal".  In fact, I have an arsenal myself were I to apply the Associated Press’ standards to my weapons.

Just like the auto mechanic has a myriad of tools at his or her disposal, a hunter does too.  Why use a high-powered rifle for small game?  Why try to fell a deer or moose with a small game caliber?  "The right tool for the job" is a mantra repeated by anyone who uses tools to do any job.  According to the Associated Press, just owning "the right tools" constitutes an arsenal.

This article isn’t really about guns though; it’s about how the press continues to undermine its own validity and integrity by using cheap, ham-fisted methods to scare folk who don’t understand guns and "just want to do something".

Remember all the published rhetoric surrounding the methods Christians use to recruit new Christians and inspire good behavior?  Secular media always paints (unjustly, I might add) the clergy as fear-mongers using elaborate fictions of Hell and eternal punishment to keep the flock in line.  Criticism is heaped on anyone taking up the call to work in the clergy for being nothing more than a purveyor of fear.  The secular media does this as a way to undermine the validity and integrity of the clergy.

In all things political these days, which none of us can escape for more than a moment, accusations from the secular media fly in all directions surrounding any mention of radical Islam or further terrorist attacks.  Mention 9/11 as a valid reason to shore up our defenses and fight the drooling hordes of fascism and the secular media trivializes the speaker by labeling him or her as a fear-monger or alarmist.   The secular media does this as a way to undermine the validity and integrity of those who would act in the defense of our families.

So I’m calling the Associated Press – and all the rest – on the hypocrisy of their behavior.  If being a fear-monger and alarmist is wrong and the person or entity doing so becomes trivial, then you are as wrong and trivial as the clergy and defenders who you have denigrated.  Don’t you owe it to your readers to prevent such things from appearing in your articles, to take the higher road by simply reporting the facts of a story? 

When you label Kazmierczak’s weapons as an "arsenal" you are as guilty as those you accuse of fear-mongering because it is not even close to what one really is.  At least those who you’ve accused are simply trying to save a soul or prevent another terrorist attack on our soil; you appear to be trying to wrest away the best tools for a citizen’s self-defense and keeping tyranny in check by scaring the guns right out of their neighbor's hands.  Further, you’re trying to force the reader to draw the conclusion – your conclusion – that if a person owns guns – even just one! – he or she is a deviant, mentally unstable, and destined to be in the headlines as a mass murderer.  You are not in the business to force a conclusion; you are in the business to discover, and then report, the facts.  Period.

To those that would ask about what words to use when describing his guns, why not just say what was purchased?  Something like:

"Steven Kazmierczak, the 27-year-old grad student who bought three pistols and a shotgun in recent months and used them to kill five people and commit suicide, had been on medication and was said to have spent time in a psychiatric center as a teen in the late 1990s." (emphasis mine to demonstrate the difference)

Isn’t that a more reasonable and responsible way to report on the story? 

The Associated Press and its ilk who peddle in fear-mongering are the least qualified to trivialize or dismiss anyone for doing so (Pot, meet Kettle … ).  The media outlets practicing this hypocrisy don’t seem much interested in reason or responsibility; a fact which makes what they have to say uninteresting to me.

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NIU Shoots Holes in Gun-Free Zones


My condolences and prayers go out to the kith and kin for those affected by this shooting, as well as to the Kazmierczak family.  The losses this day are unfathomable and life-changing.
 
It’s happened again, this time at Northern Illinois University (NIU).  Once again a gunman, one Steven Kazmierczak of Lakeland, Florida, has opened fire on a group of innocent college students, this time killing six.  Quite frankly – please forgive me for seeming crass – I’m not the least bit surprised.

NIU is, like all college campuses in America, a gun-free zone.  College administrators and faculty nationwide contend that there is no place on campus for a firearm because it quells the "free and open discussion" of the classroom and is "unsafe".  How safe was it for the six dead and fifteen wounded?

If we’d learned anything at all from every mass shooting in this country it should be that gun-free zones are synonymous with killing-free zones.  Did Kazmierczak walk into a gun range and open fire?  Did he walk into a police station or bar?  How about breaking into someone’s home – did he do that?  No; Kazmierczak loaded a shotgun and two handguns and opened fire on a known group of disarmed innocents, fully aware that he was the only one with a firearm from the lecture hall to the edge of campus.  The only way he could be shot is if he did it himself, which is exactly what the coward did.  Sure, campus security was armed but what for good since they were not in the lecture hall and wouldn’t arrive in time to stop him?

As this situation unfolded at NIU, students texted warnings to each other that there was a gunman on the loose.  It took twenty minutes for the campus to issue its own warning and lockdown.  Sure, twenty minutes at NIU is two-thirds better than the hour it took Virginia Tech to respond; how many more could have been injured or died in that twenty minutes?  How long after that before the ATF and FBI responded?  How about the local cops?  Where was campus security?

These questions are not a slam on those agencies, agents, or their honorable professions; rather it serves to contrast the lie that’s been fed to every parent and student.  We’ve been told the college campus is one of the safest places in the country because there are no guns except those provided to the 'highly trained' security detail.  The lie is unraveling with every single campus shooting; gun-free zones, such as NIU and Virginia Tech, are nothing more killing-free zones; our children are not safe because they are disarmed.  And outlaws like Kazmierczak know it.

An armed response is only effective if it’s on scene.  Arming a security detail and spreading them out across the campus is ineffective at least and at worst is falsely secure.  Sure, a security guard could have done much to save lives and prevent further injuries – but where were they?  Security details can only do so much and cover so much ground.  There was no laziness or laxness from campus security; it’s a simple fact they cannot be everywhere at once.  This is why it is imperative that the students and faculty – who are pretty much everywhere at once – be allowed to carry concealed on campus.  The right to self-defense should not stop at the campus gates.

Remember Jeanne Assam in Denver, Colorado, the shooting in Pearl, Mississippi or in Grundy, Virginia where there was an armed response from a lawful citizen?  You may not remember them because they didn’t make the news with as much pomp and repetition as does a "rampage".  Look up the facts for each of those – legal firearms were rightly used to save lives.  Those situations would have been much worse had brave citizens who chose to take the defense of self and others personally not stood against those gunmen.  Similarly, NIU, Virginia Tech and all the rest could have been much, much different had there been legally armed citizens in the lecture hall.

Still the left and other fearful will sit back and cluck their tongues that guns are so readily available and easily obtained, lamenting how this tragedy would never have occurred had there not been so many (fearful tones here) guns in this country.  I have a thought for those folk; take a Malox.  This tragedy and all the others have nothing to do with the availability of guns in our country.  In gun-free countries (United Kingdom and Australia to name a couple) outlaws are still quite heavily armed.  They are so well heeled in fact that the United Kingdom is now spending more money arming its police than ever before (try not to think about how this also makes the lawful "citizen" even more powerless).  The national gun resistry database in Canada cost over sixteen times what the politicians promised "citizens" ($119 million v. over $2 billion) and still, thugs, gangs, and outlaws are as heeled as American thugs, gangs, and outlaws; the difference is in Canada, lawfull citizens are disarmed and defenseless.  The facts show taking guns away from lawful citizens does not reduce crime.

We, and the world, haven’t learned anything from history.  There are dozens of examples of tyranny in the world that started with gun-free countries (Nazi Germany and Communist Russia to name but two; see Firearms in America; Right of the People for a more in-depth discussion) so let me discuss a different example, one that might be less offensive to those not willing to rationally discuss gun-freedom; Prohibition.

In 1919 the U.S. ratified the Eighteenth Amendment to its Constitution prohibiting "intoxicating liquors" (and began enforcement in 1920).  Prohibition showed us that these sorts of laws are not about controlling a substance or item, such as alcohol; it is about controlling people.  Instead of enforcing the laws designed to discourage public drunkenness and driving while intoxicated, politicians and the ruling class banned alcohol.  Who did this Amendment really punish, the lawless and drunkards, or the law-abiding citizen having a nightcap at home?  Did Prohibition actually curtail consumption of alcoholic beverages or did it enrich the outlaws who produced it, shipped it, and sold it?  History provides clear answers; the only thing Prohibition did was further reduce the liberty of law abiding citizens and multiply the power of organized crime to a point which was almost uncontainable.  The federal government in collusion with the several states did nothing with Prohibition but punish the citizen and empower the scofflaw.  It is the same thing with guns.

On a grander scale, think for a moment about the repercussions of a gun-free America.  One wouldn’t have much to think because there are innumerable examples of abuse, harassment, and liberty-infringement world-wide; one only need look in those ‘gun-free’ countries to find it.  The college campus and other gun-free zones are microcosms of how it would be nationwide – only the tyrannical would be armed and everyone else a target.

The saddest lesson from today remains that this could have been avoided and Kazmierczak could have been stopped as soon as he fired the first round had there been a student or faculty member in that lecture hall with a concealed firearm.  Until we allow students and faculty to carry concealed on campus we should expect these sorts of tragedies to continue.

And they will.

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Democrats: You Have No Right to Self-Defense


When a person speaks, an observant listener will learn a lot about what the speaker believes, what he or she feels and what he or she is going to do about it.  I sometimes wish I was an observant listener.  But in these days of political campaigns and over-the-top promises filled with rhetoric and showmanship in lieu of substance, what can really be gleaned from the talking heads vying for privilege of representing you to the world?  I'm not smart enough to fill this space with that sort of analysis.  A healthy dose of distrust is mandatory whenever you listen to a politician -- of any stripe -- to do otherwise is to set yourself up for disillusionment, at best, and at worst, the loss of your family.

That may be a harsh charge to level, but it is one that serves me well enough to cut through the nonsense, expect the politician to lie for personal advantage in order to do his, or her, own thing once elected.  The most recent example is former President Clinton who talked and walked a centrist mantra for his entire campaign only to skew alarmingly left once empowered.  We paid the price for such a man in terms of personal freedoms and global respect.  For all the "damage" the left would have us believe President George W. Bush has caused with his policies, there is none as great as the "Slick Willy" legacy, except perhaps FDR's.

And now, eight years after one of the most disgraceful presidencies in the history of our country, we are faced with three carbon copy candidates on the democrat side of our politics.  Senators Obama, Clinton, and Edwards all represent a return to the nanny state ideals that laid this country low and brought us to the brink of shredding the Constitution in favor of tyranny over liberty.  Once again, they are trying to do the same things, only this time, their arguments are more insidious, more cunning, and more dangerous.

In every election that I can remember, firearms and the Second Amendment have played as important a role as Social Security, national defense and the economy.  So it's no surprise that, though the issue seems to have swayed in favor of those that wish to preserve the Second Amendment, it is being brought up again; the matter is far from settled.  Perhaps the timing is one of providence; the D.C. gun ban was struck down by the Nth Circuit Courts and seems poised to go before the Supreme Court.  Advocates and opponents are anxiously awaiting that trial.  Personally, I'd like to see the Supreme Court finally acknowledge what any clear thinking adult already knows; the Second Amendment is a fundamental right which should be as protected as the Sixteenth Amendment (notice how McCain-Feingold Act as well as various bills in front of Congress, and the misnamed 'Fairness Doctrine' all attempt to limit the First Amendment, the so-called 'tolerance bills' seek to restrict the freedom of religion, and the nationwide sobriety checkpoints are allowed to violate the Fourth Amendment -- but no one in authority ever wants to discuss alternatives to the Sixteenth Amendment).  The Court has normally restricted its findings to the narrowest scope possible; my wish aside, that is probably what it will do again.

Irrespective of how fair the winds, every single person in a public leadership position should pass Constitutional muster, which includes the Second Amendment.  If he or she doesn't, the election should go to someone else.  So it is fitting and proper that all our candidates be asked about the issues surrounding the Second Amendment.

In a recent democratic debate, the three leading candidates were put to the question of the Second Amendment.  You can see their responses in the first few minutes of
this video.  As is usual, each tried to have the Second Amendment both ways; they were for it before they were against it.  And I was enlightened by their responses.  In a broad appeal to lawful gun owners, each of the big three candidates whole-heartedly endorsed the Second Amendment and the rights of Americans to bear arms for the purposes of the hunting and shooting sports.

Shocking, isn't it?  Even the democrats realize one can't get elected without pandering to the hunters and other sportsmen.  Inasmuch as I was enlightened about their positions by what they said, what they didn't say spoke to me even more.  What they didn't say is the most disturbing, and should be the most offensive.

In each response, the candidate tried to paint the Second Amendment as a right they respect for hunters, sportsman, and lawful gun owners.  There was no acknowledgement that the Second Amendment also protects those who wish to arm themselves for self defense.  This single fact is the most appalling and as I said earlier, offensive.  It is also disingenuous.  To those who are looking for simple 'yes' and 'no' answers, it appeared on the surface that all three candidates supported our Second Amendment rights.  But they didn't.  They're trying to make it mean something it doesn't and the hosts of the debate let those attempts slide.  We shouldn't.

The Second Amendment is not about hunting.  It is true hunters use firearms in their sport like a baseball player uses a bat and that the Second Amendment protects their rights to do so.  The Constitutional Framers didn't have hunting in mind when they wrote the Second Amendment.  They intended to arm the citizens of this country for personal defense and as a final, last line of defense against a tyrannical government.  Our culture was based on farming and hunting -- there was no need to write an Amendment into the Constitution to protect it.  In fact, when the delegate from Virginia (I think) brought up the notion of protecting 'fishing rights', he was bluntly and directly corrected; the Constitution is not about economy at all -- it's about a government in power by the consent of the governed.  So it's rather incorrect to interpret the Second Amendment as a guard for hunters and sportsman.  If that were the case, where's the Amendment protecting fishermen and their nets?

No, the candidates were trying to be something they are not and hoping that you and I were not paying attention.  Too, they are hoping we don't know our history, and don't care that much for our future.  The Second Amendment is the last resort against a government that has forgotten its purpose, its boundaries; it is the last resort against a thug entering your home under the cover of darkness to threaten you and your family.

Senators Obama, Clinton, and Edwards do not support many of our rights (Freedoms of Speech and Religion to name two).  What they said with their mouths and lied with their voices is that they ardently support the Second Amendment.  With their silence on the real purpose of the Second Amendment they showed ardent opposition; they believe you and I have no right to self defense.

What other rights do you think they want to take away from us?
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The American Civil-Cold War

 
Now we are engaged in a great civil war, testing whether that nation, or any nation, so conceived and so dedicated, can long endure.”
 
“It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth."

-- Abraham Lincoln, Excerpts from The Gettysburg Address, November 19, 1863
 
As a Constitutional Apologist, I take the Constitution and its provisions seriously.  If we are to document the way of our life, the framework in which we operate, and instill the rest of the world with the fairness, small government, and individual freedoms we believed in, it would do for us to daily honor its tenets, to rightly live under the laws which it defines, and jealously pass to our children the fervency needed to secure their future, and their children's futures.
 
With the liberals and Democrats turning overwhelmingly socialist and fascist, that is becoming increasingly difficult.
 
Within the Constitution, there are provisions for just about everything.  There is only a little language about specific things (e.g. First, Second, & Fourth Amendments) and broad language that defines what to do when events outside the specific happen (see the Ninth and Tenth Amendments).
 
When I was younger and the internal anti-American movement began, I was appalled at how something like "shall not be infringed" was so maligned and purposely misunderstood.   Just as the liberals and Democrats tried to rewrite history (either actively with outright lies or passively by omission), they tried to rewrite two hundred plus years of understanding.  The Second Civil War, a shotless Cold War, had begun, sparked by the naked and bald-faced aggression towards the Second Amendment; not all of us realized it and too many still don’t.
 
One of the arguments used "back in the day" against such fascism noted if the Second Amendment were targeted to be erased from the Constitution without an Amendment to repeal it, then why wouldn't the protections in the First Amendment also be in danger?  We were assured then, indignantly I should add, that the First Amendment was above reproach, and there would never be a grab for it like there was the "very dangerous", "life-threatening", "out-dated", Second Amendment.  Aside from that pesky "freedom of religion" part, the First Amendment was the true power and authority of a democratically elected government, they told me – they said, put there at the consent of the governed.
 
I give you the "Fairness Doctrine".

With the “Fairness Doctrine” the liberals and Democrats will try to make illegal the ideas against which they cannot compete, the values under which they cannot live, the freedom (of us) for which they cannot stand.  Arrogantly, they tell us it’s not about conservatism’s primary, remaining voice in talk radio, and they expect us to believe it.  Just like the bully who picked on the wrong person to fight, the Democrats and liberals are running to the teacher to falsely accuse the victim.  The gun-grab has been going on for decades and now, free-speech is under fire. 

It would be one thing, I think, if the fairness doctrine were to be evenly applied to all media.  Can you imagine MSNBC, ABC, NBC, CBS, CNN, MoveOn.org, and others being compelled to share opposing views?  The fact is, they wouldn’t.  The “opposing views” would be nothing more than a paper suit filled with a media opportunist looking to advance his or her career instead of actually standing for what’s right.  That person’s opposing view would be feeble, purposely fallacious, and made to appear weakly inadequate in the face of “complicated” issues.  The real enforcement would be against the giants of conservative radio.

Not to put too fine a point on this, but what would happen to those of you reading this blog?  Do you think the Democrats would stop at the old media with its “Fairness”?  Townhall and other conservative websites, user-groups, and blogs would be compelled by federal oversight to provide opposing views.
 
Much along the lines of my last post and a comment by trespasser williams, when only one side of an argument is presented, there is no debate, no embarrassing snares by a vigilant opponent, no outcome other than the singly presented side.   The socialist-fascists in the country want to quell all debate and silence any opposition to their views.  For decades, they have operated as though they are above the law and the little people to which it applies, demanding we give up our firearms while flagrantly carrying their own and surrounding themselves with heavily armed security guards; now they are going to try to push all debate aside and take away our First Amendment-protected speech in the process.   Indeed, there are two Americas here; there's the socialist-fascist cabal who wish to rule and preside, making laws that apply to everyone but themselves, and there's the real America.

Remember your U.S. history class; the First Amendment was created to protect political speech and press, not pornography and rap music.  Though the First Amendment shields these things also, its intent was to allow citizens the freedom to say as they pleased without repercussions from a tyrannical government.  What are the signs of a tyrannical government?  There are two:  1) a tyrannical government disarms its citizens and makes outlaws of those who choose to self-defend, and, 2) a tyrannical government punishes speech contrary to its central message or with which it doesn’t agree.  Oh, there’s a third sign; a tyrannical government tells you that its not taking these things away from you, pointing to its lapdogs as indicator of its truth, all the while carefully plucking liberty from your grasp.
 
It occurs to me as I wrap up my notes for this article that the Democrats' thirst for power is irrespective of the people over who they preside; if it's bona fide Americans, fine, if it's illegal aliens living within our borders, fine.   What matters is that the Democrats are the powerful elite standing on the shoulders of the oppressed, and it doesn't matter on who's shoulders they stand.  The liberals and Democrats have but one purpose; tyranny.
 
In my estimation the Democrats' goal is the invalidation and irrelevancy of the U.S. Constitution, the people it defends, and those who defend it.  They attack our principles and double-speak the meaning of the text into something that's not true, they put things into it that are not there (show me the Article or Amendment where abortion is protected), and they flatly ignore our wishes to return to what's there.
 
Thomas Jefferson said, “All tyranny needs to gain a foothold is for people of good conscience to remain silent.”

What was that?  I couldn't hear you.

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So What Do You Carry?


I have a couple of carry pieces depending on where I'm going and what I'm wearing.  Usually, the piece that gets the most carry time is my Kahr P40, specifically, a KP4043; a .40 caliber.  For whatever reason, my local firearms dealers do not stock the KP4044.  Instead of waiting the weeks for the special order, I shrugged and went with the KP4043.

I used to carry a Glock 27, a .40 caliber sub-compact, until it was stolen by a low life thief.  Of course the police department around here wanted to treat me like the criminal ("why do you feel like you need to carry a gun?") during the "investigation".  You know those TV shows where cops pursue the criminal, catch them, employ the latest in scientific analysis to prove them guilty?  Makes great TV but is not reality.  Not even close.  One week after my Glock was stolen, I received a letter that the case was closed.  So that's two days of work and three days for the mail.  A year after the incident, they sent me another letter asking if I had recovered my firearm.  Seriously - as if it would magically reappear or that the thief would have a pang in his or her conscious and leave it on my door step.

I realize not all LEOs are this way; I've traveled the world and know there are some very good ones to be had. 
This municipality just doesn't seem to be capable of hiring those good ones.

As for the Kahr, I've had it since shortly after the Glock was stolen and have only a couple of small gripes about it.  The first couple hundred rounds were a bit rough - so rough in fact I almost shelved the pistol as an expensive lesson in research.  But, the more rounds I put through her, the better she performed.  She became less glitchy and more accurate, and the double-action pull smoothed out a bit.  After speaking with a couple of Kahr representatives, they acknowledged that the first three to four hundred rounds will be like that but there would be some marked improvement as she broke in.  Incidentally, the manual calls for a two hundred round break-in and the Kahr reps told me that it is possible; my piece wasn't one of those lucky few. 

Not that I'd ever complain about needing time on the range, of course.

I have another pistol (also a .40) and a shotgun in my house and I'm looking to add to the collection.  I'm considering a Remington Model 700 30.06 or  308 Win and Taurus Model 605 .357 Mag this year; the revolver I'm pretty settled on and research continues into the Remington.  The Taurus is going to be used as a back-up carry piece if my Kahr is down for maintenance as well as the piece my girl will carry (she's a small girl and doesn't have the hand strength to manage a pistol, so she'll carry the revolver).

It chafes at me a little bit to buy a third and fourth caliber of ammo, but I'm getting over it.  The 12 gauge is a good scatter gun for hunting and self-defense, the .40 is a good carry and self-defense round without the size and weight requirement of a .45, the .357 is a good backup that can be used at full power (.357) or at low power (.38) depending on who's carrying and what its intended use is, and the 30.06 / 308 Win I'm told is a good hunting round.  At first I wanted to stay with only one caliber - it simplified the ammo requirements of my shack.  Reality is that I'll need to settle on different rounds for different reasons, making sure that those rounds are popular and standard.

This lesson came from the automotive industry, actually.  I drive a Dodge and probably will for the rest of my life.  Sometimes, I have trouble finding parts.  The mechanic / sales rep always 'jokingly' adds that if I had just purchased a Chevy or GMC, they'd have all the parts I needed.  I see the calibers for my firearms in much the same way.  I'm looking for good calibers that do as advertised that are readily, cheaply, and easily available, and of course are reliable. 

So let me wrap up this novella with a question:  What do you carry, and why?
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Firearms in America: Right of the People? :: Part III

 

The Media

The omni-present media in the United States is an entity that is supposed to serve the people and help keep them informed of what their government is doing on their behalf. Unfortunately, the media has a poor record of balanced reporting when the issues being discussed are counter to its interests, in the form of advertising space, or its agenda, in the form of influencing public opinion. Stories of firearms-related tragedies are front page news and worthy of lengthy repetition. Stories of firearms-related triumphs are rarely – if ever – reported.


Take for instance a July 1999 attack in Atlanta, Georgia. The media extensively covered Mark Barton’s rampage that left nine people dead between two stock brokerages (Lott). This story received the coverage it deserved (ibid). But, the same thorough media ignored three incidents that occurred within the following ten days where citizens used their firearms to prevent similar attacks (ibid). In Pearl, Mississippi, two students were killed in October 1997 when a fellow student brought a firearm to school and opened fire (ibid). Assistant Principal Joel Myrick retrieved his permitted concealed handgun from his car and stopped the student shooter (ibid). Dan Rather of CBS News reported only that, “Myrick eventually subdued the young man” with no mention of how, or that he did it with a firearm (ibid). The media will continue to disservice the American and global public until it can balance its reporting of firearms and the incidents they are involved in.

Present and Future Conflicts

The Second Amendment is a hotly contested issue and only becomes more so over time. One need only spend a few minutes on either of the websites run by the Brady Campaign (
http://www.bradycampaign.org) or National Rifle Association (http://www.nra.org) to observe the deeply held, rigidly focused viewpoints. The language used in their various articles and resources is deliberately inflammatory to the other side and situations are blatantly taken out of context to the advantage of the given website’s point of view. It is nearly impossible for this Amendment to be discussed in a rational, mature manner because the rhetoric and venom slung across the aisles is designed to provoke an emotional response. This only hurts the credibility of each side and sacrifices the average American to the whims of the federal government and criminals.

Anti-Second Amendment adherents want nothing less than the total disarmament of the American public (Cox). During an interview with “60 Minutes,” Diane Feinstein (D-CA) said:

“If I could have gotten 51 votes in the Senate of the United States for an outright ban, picking up every one of them, Mr. and Mrs. America, turn them all in, I would have done it” (ibid).

Charles Krauthammer wrote in the April 5, 1996 edition of The Washington Post:

“It might be 50 years before the United States gets to where Britain is today. Passing a law like the assault weapon ban is a symbolic--purely symbolic--move in that direction. Its only real justification is not to reduce crime but to desensitize the public to the regulation of weapons in preparation for their ultimate confiscation" (ibid).

Sen. Howard Metzenbaum complained that the Clinton Assault Weapons Ban didn’t go far enough, saying:

"Until you ban them all, you might as well ban none." But, it "will be a major step in achieving the objective that we have in mind” (ibid).

The objective, it would appear, is a totally defenseless public, reserving the “right of the people to be secure in their persons .. “ for only the elite.

Accordingly, anti-Second Amendment groups are working in a subtle, systematic fashion to callous the American people to private firearm ownership infringements. The Clinton Assault Weapons Ban sunsets September 13, 2004 and already there is talk of sweeping expansions that should be additionally imposed (NRAILA). Not to be outdone, H.R. 2038, the “Assault Weapons Ban and Law Enforcement Protection Act of 2003,” bans hundreds of other firearms, such as semi-automatic shotguns, shotguns that carry more than five rounds, semi-automatic pistols, and certain center-fire rifles popular amongst target shooter competitors (ibid). Not only does the proposed Act ban firearms, but certain parts would be banned, parts that fit a myriad of other firearms not explicitly listed on the ban (ibid)!

H.R. 2038 is a historic infringement of Second Amendment protections and the lawful citizens it shelters. Though the Act lists specific firearms to be banned, it does not list the firearms that would be prohibited, de facto, by the forbidden replacement parts. More disturbing is the generalized language found elsewhere in the text of the Act. Line items such as, “ban any semi-automatic shotgun or rifle an Attorney General claims isn’t sporting" and “ban semi-automatic shotguns that have any characteristic that can function as a grip" leave interpretation open to heavy-handed infringements on an individual’s Second Amendment rights (ibid).

Conclusion

The Second Amendment provides for the singular right of private firearm ownership just as the First Amendment does for the singular right of free speech. It has similar verbiage to other Amendments where there is no question regarding a singular vs. collective connotation. The Supreme Court has reinforced this notion by its direct (as in U.S. v. Miller) and indirect (as in Dredd Scott v. Sanford) interpretations. The Constitutional Framers and political activists of early America left a written legacy to satisfy the question, “But what did they really mean?” Even still, the tug-of-war rages on. This issue has become a lightening rod for virtually every level of government and a defining characteristic between conservatives and liberals. There are no easy answers to this issue and it only becomes more difficult as emotion and determination intensifies.

The power to solve this issue – as with every other issue in this country – lies with “the people.” Through the use of their vote, the people can dictate to their representatives what values are important to them, how deeply convicted they are in maintaining their civil liberties, and just how precious this country’s freedoms really are. The people can, and recently have, unseated the unscrupulous representatives who are flagrantly infringing on the civil liberties guaranteed by the Second Amendment. Former president Bill Clinton was quoted as saying that twenty Congressmen lost their re-election campaigns over the singular issue of the 1994 Assault Weapons Ban (Cox). This kind of activism and personal dedication is what is required for the people’s representatives to get the message about their right to bear arms; it “ … shall not be infringed.”

----------==========----------

Works Cited / Bibliography

Beccaria, Cesare. “Of false Ideas of Utility.” Of Crimes and Punishments. 1788. Bell, R. 08 Apr 2004. http://www.constitution.org/cb/crim_pun40.htm

Berggren, Kris. “Fear-rooted gun culture kills before shot is fired.” National Catholic Reporter 06 Jun. 2003: 20. Academic Search Premier. EBSCOHost. M.M. Bennett Lib., St. Petersburg College. 19 Feb. 2003.

Brady. “The Second Amendment.” bradycampaign.org. 2004. The Brady Campaign To Prevent Gun Violence. 19 March 2004.
http://www.bradycampaign.org/facts/issues/?page=second

Cox, Chris. “Mr. & Mrs. America, turn them all in.” National Rifle Association Institute for Legislative Action. 20 Jan. 2004. 19 Feb. 2004.
http://www.nraila.com/issues/Articles/Read.aspx?ID=114

Docs. “Transcript of Dredd Scott v. Sanford (1857).” ourdocuments.gov. 2004. 08 Apr. 2004.
http://www.ourdocuments.gov/doc.php?flash=true&doc=29&page=transcript

FindLaw. “United States v. Verdigo-Urguide “ findlaw.com. 1990. Find Law for Legal Professionals. 08 Apr. 2004.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=494&invol=259

Gooch, Robert Kent, O’Connor, Karen, and Larry J. Sabato. American Government: Continuity and Change. 2004 ed. New York: Pearson Longman, 2004.

GPO. “Second Amendment: Bearing Arms.” gpoaccess.gov. 1996. Government Printing Office. 08 Apr. 2004.
http://www.gpoaccess.gov/constitution/html/amdt2.html

Halbrook, Stephen P. “The Right of the People or the Power of the State: Bearing Arms, Arming Militias, and the Second Amendment,” 26 Valparaiso University Law Review. (1994): 131-207.
http://www.stephenhalbrook.com/law_review_articles/power.PDF

Interlution. “Famous Quotes.” famousquotes.com. 2003. Interlution. 15 Mar.2004.
http://famousquotes.com/Show.php?_id=1053677

Lott, John R. Jr. More Guns Less Crime: Understanding Crime and Gun Control Laws. Chicago: The University of Chicago Press, 1998.

NRA.org. 2004. National Rifle Association. 06 Mar. 2004.
http://www.nra.org

NRAILA. “Good Riddance to the Clinton Gun Ban.” nraila.com. 2004. National Rifle Association Institute for Legislative Action. 17 Mar. 2004
http://www.nraila.com/Issues/FactSheets/Read.aspx?ID=158

Poe, Richard. The Seven Myths of Gun Control. New York: Three Rivers Press, 2001.

Publius. “The Influence of the State and Federal Governments Compared.” The Federalist Papers: Federalist No. 46. 1788. 08 Apr. 2004
http://lcweb2.loc.gov/const/fed/fed_46.html

SAF. “Quotes of the Founding Fathers & Their Contemporaries.” SAF.org. 2001. Second Amendment Foundation. 08 Apr. 2004
http://www.saf.org/pub/rkba/general/FoundersQuotes.htm

Stevens, Richard W. and Aaron Zelman. Death by “Gun Control:” The Human Cost of Victim Disarmament. 2001. Jews For The Preservation Of Firearms Ownership, Inc. 15 Mar. 2004.
http://www.jpfo.org/deathgc.htm

“Targeting the Second.” ABA Journal. 28. Academic Search Premier. EBSCOHost. M.M. Bennett Lib., St. Petersburg College. 19 Feb. 2003.

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http://www.patrioticon.org/patriotic-downloads-5.htm
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Firearms in America: Right of the People? :: Part II

 

Purpose

In questions concerning personal protection and responsibility, the Second Amendment speaks clearly. Private firearm ownership is “necessary to the security of a free State.” Were this Amendment to be repealed, history proves tyranny would prevail. Indeed, it protects the citizens of this country from their own government, from foreign invasions, and from personal harm.


The Soviet Union enacted strict gun-control in 1929 in the form of licensing, bans on possession, and severe penalties for breaking the government decrees (Stevens). From 1929 until 1945, twenty million political dissidents and citizens in rural, farming communities were murdered (ibid). In Nazi Germany and occupied Europe another twenty million were murdered between 1933 and 1945; these were political opponents, Jews, Gypsies, critics, and other “examples” (ibid). As did the Soviet Union, the Nazis passed strict gun-control measures aimed at disarming the populace and leaving them defenseless (ibid).

The Second Amendment protects the citizens of this country from foreign invasion. During World War II, Japanese Navy Commander in Chief Admiral Isoroku Yamamoto was quoted as saying, “You cannot invade the mainland United States. There would be a rifle behind each blade of grass” (Interlution). From this remark, one could argue that the most gifted military strategist of the Japanese Fleet feared invading the mainland United States because he knew its citizens were free to arm – and were quite ready to die to defend – themselves.

Personal protection has become mired in the annals of political correctness. One is lately encouraged to rely on the prowess of law enforcement officers and security personnel for situations threatening one’s life or family (Brady). This point of view presupposes an intended victim is in a place of reasonable safety to:
  • call 911,
  • speak loudly enough for the operator to hear and understand the emergency, and,
  • wait for law enforcement to respond.


Of course, the worst of these is waiting for law enforcement to respond. When one’s life or the lives of one’s family is at stake, waiting in the face of brutal criminal activity for a response from law enforcement is an unacceptable risk. More to the point, the opening of the Fourth Amendment reads, “The right of the people to be secure in the persons, houses, papers, and effects … “ which highlights the emphasis the Framers put on one’s personal security. The Second Amendment provides the means for an individual to see about their own defense in the manner most effective; by owning and rightly using a firearm.

Supreme Court Opinions

In matters pertaining to the Second Amendment, the Supreme Court has had little to say. Of what it has said however, the view that the Second Amendment delineates a singular right and that it protects private firearm ownership is reinforced.

The 1857 Supreme Court made a dreadful decision in Dredd Scott v. Sanford, preventing African-Americans from being recognized as citizens of the United States (Docs). In so doing, the Court described the civil liberties guaranteed to a U.S. citizen:

"It would give to persons of the negro race, ... the right to enter every other State whenever they pleased . . . the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went" (emphasis added) (ibid).

In the case of U.S. v. Miller, the 1939 Supreme Court ruled there was no Constitutional basis for Miller to own a sawed-off shotgun without registering it under the National Firearms Act (GPO 1193). Miller's argument was based upon the Second Amendment right to "keep and bear arms" and as such, was not required to register his shotgun (ibid). After reciting the original provisions of the Constitution dealing with the militia, the Court observed that:

"[w]ith obvious purpose to assure the continuation and render possible the effectiveness of such forces the declaration and guarantee of the Second Amendment were made. It must be interpreted with that end in view” (1194).

Continuing, the Court defined the militia as a force consisting of "civilians primarily, soldiers on occasion” and that it was "comprised [of] all males physically capable of acting in concert for the common defense," who, "when called for service . . . were expected to appear bearing arms supplied by themselves and of the kind in common use at the time" (emphasis added) (ibid).

Whereas the Court had ruled that the firearm in question was not exempt from registration, it also highlighted two key points that reinforce the notion the Second Amendment provides for private firearm ownership. First, the Court states that the militia was composed of "civilians primarily," which is contrary to gun-control activist's views that the militia of the Constitution equates to the National Guard (i.e. “professional soldiers”) of today. Second, the Court states that those civilians, when called into service, "were expected to appear bearing arms supplied by themselves," which is only possible if private firearm ownership is permitted.

In a more modern viewpoint, the 1989 Supreme Court unanimously held in U.S. v. Verdigo-Urguidez that the term “the People” in the Second Amendment carried the same meaning as when used in the Preamble to the Constitution, and the First, Fourth, and Ninth Amendments (FindLaw). In those contexts, “the People” described a singular right, that is, a right secured by each person of the United States and legal aliens while they are here (ibid). Thus, according to the ruling in this case, “the right of the people to keep and bear Arms” applies to the individual, just as the First Amendment does for free speech, or the Fourth does for security in one’s person.

((Author's note: This concludes Part II.  Click here for Part III. ))

----------==========----------

Works Cited / Bibliography

Beccaria, Cesare. “Of false Ideas of Utility.” Of Crimes and Punishments. 1788. Bell, R. 08 Apr 2004. http://www.constitution.org/cb/crim_pun40.htm

Berggren, Kris. “Fear-rooted gun culture kills before shot is fired.” National Catholic Reporter 06 Jun. 2003: 20. Academic Search Premier. EBSCOHost. M.M. Bennett Lib., St. Petersburg College. 19 Feb. 2003.

Brady. “The Second Amendment.” bradycampaign.org. 2004. The Brady Campaign To Prevent Gun Violence. 19 March 2004.
http://www.bradycampaign.org/facts/issues/?page=second

Cox, Chris. “Mr. & Mrs. America, turn them all in.” National Rifle Association Institute for Legislative Action. 20 Jan. 2004. 19 Feb. 2004.
http://www.nraila.com/issues/Articles/Read.aspx?ID=114

Docs. “Transcript of Dredd Scott v. Sanford (1857).” ourdocuments.gov. 2004. 08 Apr. 2004.
http://www.ourdocuments.gov/doc.php?flash=true&doc=29&page=transcript

FindLaw. “United States v. Verdigo-Urguide “ findlaw.com. 1990. Find Law for Legal Professionals. 08 Apr. 2004.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=494&invol=259

Gooch, Robert Kent, O’Connor, Karen, and Larry J. Sabato. American Government: Continuity and Change. 2004 ed. New York: Pearson Longman, 2004.

GPO. “Second Amendment: Bearing Arms.” gpoaccess.gov. 1996. Government Printing Office. 08 Apr. 2004.
http://www.gpoaccess.gov/constitution/html/amdt2.html

Halbrook, Stephen P. “The Right of the People or the Power of the State: Bearing Arms, Arming Militias, and the Second Amendment,” 26 Valparaiso University Law Review. (1994): 131-207.
http://www.stephenhalbrook.com/law_review_articles/power.PDF

Interlution. “Famous Quotes.” famousquotes.com. 2003. Interlution. 15 Mar.2004.
http://famousquotes.com/Show.php?_id=1053677

Lott, John R. Jr. More Guns Less Crime: Understanding Crime and Gun Control Laws. Chicago: The University of Chicago Press, 1998.

NRA.org. 2004. National Rifle Association. 06 Mar. 2004.
http://www.nra.org

NRAILA. “Good Riddance to the Clinton Gun Ban.” nraila.com. 2004. National Rifle Association Institute for Legislative Action. 17 Mar. 2004
http://www.nraila.com/Issues/FactSheets/Read.aspx?ID=158

Poe, Richard. The Seven Myths of Gun Control. New York: Three Rivers Press, 2001.

Publius. “The Influence of the State and Federal Governments Compared.” The Federalist Papers: Federalist No. 46. 1788. 08 Apr. 2004
http://lcweb2.loc.gov/const/fed/fed_46.html

SAF. “Quotes of the Founding Fathers & Their Contemporaries.” SAF.org. 2001. Second Amendment Foundation. 08 Apr. 2004
http://www.saf.org/pub/rkba/general/FoundersQuotes.htm

Stevens, Richard W. and Aaron Zelman. Death by “Gun Control:” The Human Cost of Victim Disarmament. 2001. Jews For The Preservation Of Firearms Ownership, Inc. 15 Mar. 2004.
http://www.jpfo.org/deathgc.htm

“Targeting the Second.” ABA Journal. 28. Academic Search Premier. EBSCOHost. M.M. Bennett Lib., St. Petersburg College. 19 Feb. 2003.

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http://www.patrioticon.org/patriotic-downloads-5.htm
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Firearms in America: Right of the People? :: Part I

 

Introduction

Gun!

Said in the wrong crowd or in the wrong manner, the speaker of this word would find themselves detained, if not arrested. This tiny, three-letter word elicits remarkably polar reactions from any who hear it, for the conviction runs deep on all sides of the issue it represents. The issue, of course, is the Second Amendment to the Constitution of the United States. Whereas the Fourteenth Amendment has the “honor” of being the most litigated, the fervor surrounding the Second Amendment casts long shadows over the debate surrounding all other Amendments.


This paper will attempt to get to the heart of only a handful of the arguments and positions surrounding the Second Amendment and private firearm ownership. It will briefly cover the text and history of the Amendment and its effects on modern-day life. Also, it will discuss the emotion and passion from the two main sides of private firearm ownership (pro vs. con) and how the media reports on events regarding this issue. Too, it will analyze some of the Supreme Court decisions that have had an impact on the Second Amendment and bills that are currently before Congress. For conclusion this paper will suggest some ways to approach and consider the Second Amendment and offer a final analysis.

History

Originally, the Constitution was ratified by nine of the thirteen American colonies without any Amendments. Anti-Federalists were deeply concerned that there were no specifically outlined civil liberties in the Constitution and no individual protection from the federal government. In a compromise between Federalists and Anti-Federalists, ten Amendments were proposed, the “Bill of Rights,” and were added to the Constitution in 1789 (Gooch 803). Ratification did not come until 1791 (ibid).

The wording of the Amendment has been the cause for much misunderstanding and debate, calling into question the motivation of the Constitutional Framers and their intent. The Second Amendment reads, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” On the one side, there is the camp that suggests firearm ownership is a collective right, that is, only State Militias or some equivalent (e.g. the National Guard) are protected under this Amendment (Brady). On the other, is the camp that suggests firearm ownership is a singular right and that lawful, private citizens are protected (NRA). Others suggest the general atmosphere of the day was anti-firearm, postulating that the “gun-culture” of this country is a myth rooted in tradition instead of fact (Brady). In any case, it is best to let the Framers and citizens of that era speak for themselves.

Thomas Jefferson, third President of the United States and author of the Declaration of Independence had much to say about nearly every facet of the Constitution. Quoting Cesare Beccaria, an eighteeth century criminologist, Jefferson wrote in his book, Commonplace Book (SAF):

"Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man" (emphasis added) (Beccaria).

Samuel Adams, a well-known political activist of his time, was one of the organizers of the “Committees of Correspondence” and a leader of the “Sons of Liberty” (Gooch 37-8). During the Massachusetts Constitution Ratification Convention in 1788, Adams said:

"The said Constitution [shall] be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms(emphasis added) (Halbrook).

In Federalist No. 46, writing under the nom-de-plume “Publis,” James Madison justifies private firearm ownership as a necessary measure against a standing army controlled by a strong, central government. Madison wrote:

“This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Those who are best acquainted with the last successful resistance of this country against the British arms, will be most inclined to deny the possibility of it. Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of” (emphasis added) (Publis).

The significance of the Second Amendment is also underscored by its placement in the Bill of Rights. To be certain, all civil liberties are precious and there is none “more sacred” than another. But when one considers how the Bill of Rights was ordered, the implication is that private firearm ownership was very important to the Framers. It is second only to the freedoms of speech, press, and religion, and it precedes the freedoms from unlawful quartering of soldiers, search and seizure, self-incrimination, trial by jury with appropriate representation, and cruel and unusual punishment. To be second place on a list of ten implies such consequence that it cannot be ignored.

((Author's note: This concludes Part I.  Click here for Part II.))

----------==========----------

Works Cited / Bibliography


Beccaria, Cesare. “Of false Ideas of Utility.” Of Crimes and Punishments. 1788. Bell, R. 08 Apr 2004. http://www.constitution.org/cb/crim_pun40.htm

Berggren, Kris. “Fear-rooted gun culture kills before shot is fired.” National Catholic Reporter 06 Jun. 2003: 20. Academic Search Premier. EBSCOHost. M.M. Bennett Lib., St. Petersburg College. 19 Feb. 2003.

Brady. “The Second Amendment.” bradycampaign.org. 2004. The Brady Campaign To Prevent Gun Violence. 19 March 2004.
http://www.bradycampaign.org/facts/issues/?page=second

Cox, Chris. “Mr. & Mrs. America, turn them all in.” National Rifle Association Institute for Legislative Action. 20 Jan. 2004. 19 Feb. 2004.
http://www.nraila.com/issues/Articles/Read.aspx?ID=114

Docs. “Transcript of Dredd Scott v. Sanford (1857).” ourdocuments.gov. 2004. 08 Apr. 2004.
http://www.ourdocuments.gov/doc.php?flash=true&doc=29&page=transcript

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Firearms in America: Right of the People? :: Introduction

 
I think I've figured how I'm going to post my paper, Firearms in America:  Right of the People?  Because it's a researched and referenced work, I'll be posting the Works Cited / Bibliography with each section.  This will make the paper less fluid from post-to-post, but it will reduce the chances of someone missing a reference.  I don't wish to take credit for anything not mine, so I think this will be a prudent move.

A little background on the paper, and then on to the post. 

Firearms in America:  Right of the People? is a work constructed to satisfy the requirements of an American Government college course; this work is copyright 2004 by me.  The class was heavily slanted left; though I was not the oldest student, I was sometimes referred to as 'the old man' because of my social conservative views.  The professor aided the lefting slant, encouraging folk to not only question social conservatives, but also to actively dismiss their point of view.  It was an uncomfortable class but, thanks to the First Amendment and the professor's reminder of it's existence from time-to-time, I was afforded the same opportunities as the rest of the class.

To the professor's credit, he did not like me, my politics, my ideas, or my views, but he did not stifle them in his class.  Sometimes I think he would let me speak just so the rest of the class could use me as the butt of their jokes, but that was their right.  I have a lot of respect for the professor; though we did not agree on virtually anything, he was fair, allowed me to be fair, and gave me the feeling that he was really listening to me, not just listening to debunk.  I returned the favor. 

The following posts are the contents of that research paper which was a required part of the class.  We were allowed to choose any topic to discuss in our papers so long as no one else in the class did the same.  The firearms issue is apparently a hot potato and was untouched by the time it came for me to choose.  The only editing I've done is to format it for this forum and to put the Works Cited / Bibliography at the end of each part to ease a reader's reference.  Too, I've broken the work into three parts so it can be read in small chunks.  It seems long-winded posts are not as read or appreciated as short, sound-bite posts.  Other than this formatting, the contents remain the same.

Feel free to post with comments or questions.
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