A new “study” by David Swedler, trained at the (gun control crusader Michael) Bloomberg School of Public Health, and co-authored by longtime anti-gun researcher David Hemenway, of the Harvard School of Public Health, uses rigged methodology to conclude that law enforcement officers are more likely to be murdered in states that have higher levels of gun ownership. As a result, Swedler and Hemenway say, “States could consider methods for reducing firearm ownership as a way to reduce occupational deaths of LEOs.”
In what may be the understatement of the century, Swedler and Hemenway concede that it’s “possible” that law enforcement officers are more likely to be murdered than other Americans because they have “more frequent encounters with motivated violent offenders.” To say the least. According to the FBI, from 2004 to 2013, 46 percent of officer murderers had prior arrests for crimes of violence, 63 percent had been convicted on prior criminal charges, 50 percent had received probation or parole for prior criminal charges, and 26 percent were under judicial supervision, including probation, parole, and conditional release, at the time of the officers’ murders.
On the other hand, Swedler and Hemenway say, law enforcement officers are able to defend themselves because they carry handguns, an argument that on its face endorses the carrying of handguns by private citizens, which is certainly not what the anti-gunners intended.
In painstaking academic detail, economist John Lott shows that Swedler and Hemenway skewed their study by comparing the number of law enforcement officers murdered with firearms in each state, to the percentage of suicides committed with firearms in each state, pretending that the latter accurately measures each state’s level of gun ownership. Additionally, the anti-gun researchers didn’t extend their comparisons over time to determine whether law enforcement officer murders increased or decreased in each state or did so in comparison to other states.
The anti-gunners also try to measure gun ownership with survey data, which is problematic, because over-reporting takes place in states where people are more supportive of gun ownership, while under-reporting takes place in states where anti-gun viewpoints are more common.
For the obvious reason, Swedler and Hemenway didn’t point out that law enforcement officer murders have been decreasing while ownership of firearms has been increasing dramatically. From 1993 to 2013, the most recent year of data from the FBI and BATFE, the annual number of law enforcement officers feloniously killed with firearms dropped 61 percent, while the American people acquired 140 million new firearms. In 2013, the number of law enforcement officers feloniously killed with firearms was less than half the annual average of the last 20 years.
That, however, is not what you want to point out if you’re jockeying for a cut of the $10 million that President Obama has asked Congress (p. 8) to throw at so-called “gun violence research” or to continue to promote an anti-gun agenda.
As the L.A. Times reported this morning, the Social Security Administration (SSA) is currently developing a program to strip the Second Amendment Rights of over four million Americans currently receiving SSA benefits through a “representative payee.” Not only would this amount to the largest gun grab in American history, but according to the published report, would take place without any due process protections for recipients, amounting to a nullification of Second Amendment rights for millions of Americans who don’t pose a threat to themselves or anyone else.
This new program appears to have been instigated by the SSA in response to a memorandum issued by Obama in January of 2013 which directed all federal agency executives to “improve the availability of records to the National Instant Criminal Background Check System (NICS).” This memorandum required all agency heads to submit to the Department of Justice (DOJ) a plan for “sharing all relevant Federal records” for submission to the NICS.
Evidently, Obama’s SSA bureaucrats read “all relevant Federal records” to mean all Social Security recipients who have a “representative payee” assigned to their accounts to help them manage their payments and receipts. Obviously, many individuals swept up in this egregious case of bureaucratic over-reach would not otherwise be prohibited from owning, possessing, or acquiring firearms under federal law.
The federal prohibitions against acquiring or possessing firearms apply to those “adjudicated as a mental defective,” among others. The term “adjudication,” however, refers to a determination made after a judicial-type process that includes various due process protections. In no case does the federal law describe or contemplate the type of prohibition by bureaucratic fiat exercised by the SSA in developing its guidelines for those with “representative payees” assigned to their accounts.
But SSA is not alone in this directive. The memorandum names several agencies, including the Departments of Defense, Health and Human Services, Homeland Security, Transportation, and “such other agencies or offices as the Chair may designate.” Potentially, bureaucrats in all these agencies could be working hard to identify and forward “all relevant Federal records,” to the NICS pursuant to the Obama mandate.
In total, this program could easily grow to include many more millions of Americans who have any connection to the Federal government through the various agencies named in the memorandum.
Unfortunately, this fits a pattern of abuse within the Obama Administration which is clearly hell-bent on destroying the Second Amendment in any way possible. As we reported previously (here and here), the Veterans Administration (VA) has already implemented a similar program to designate veterans as “prohibited persons” when they have a fiduciary assigned to administer their VA benefits. Like the SSA program described above, the VA procedures are also devoid of significant due process protections or any requirement that the beneficiary be found a danger to self or others. According to the L.A Times article, 177,000 vets have been swept into NICS with the bureaucratic short-cut.
The implications of this policy are too far reaching to fathom at present. Social Security is one of the more prolific and relied upon Federal programs in American history. That Obama’s directive could so easily be implemented within the SSA suggests that bureaucrats could effectively cloak such a program in any agency within the growing leviathan that is the federal government.
EDITORS NOTE: Readers who may wish to call or write their members of congress may do so using the Congressional switchboard at 202-225-3121 or send an email to their lawmaker by using the NRA-ILA “Write Your Representatives” tool.
https://drrichswier.com/wp-content/uploads/automatic-pistols-display.jpg338600Dr. Rich Swierhttp://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngDr. Rich Swier2015-07-21 06:15:282015-07-21 06:17:26Social Security Administration Stripping Gun Rights of Millions of Seniors
A May 5, 2015 article in Scouting Magazine by Bryan Wendell, a senior editor for Boys’ Life, Scouting, and Eagles’ Call magazines, reminded Boy Scout leaders across the country that page 99 of the 2015 Boy Scout Handbook prohibits the use of toys such as water guns and Super Soakers in friendly water games. According to Wendell’s blog posting, “It’s a good time to remind you that BSA (Boy Scouts of America) policies prohibit pointing simulated firearms at people. Yes, that includes water guns.”
Wendell also reminded local scout leaders of restrictions contained on page 100 of the Boy Scout Handbook, cautioning that, in order to prevent serious injury during water balloon fights, scouts should use “small, biodegradable balloons,” and that balloons should be filled “no larger than a ping pong ball.” No larger than a ping-pong ball?
When contacted by reporters, BSA spokesman Deron Smith confirmed that these policies have been on the books for quite some time, and that the Wendell blog posting was simply a reminder of longstanding safety rules. He said, “Water guns and rubber band guns must only be used to shoot at targets, and eye protection must be worn.”
When asked why the rule was being highlighted, Smith replied that a scout leader had once told him that, “A scout is kind. What part of pointing a firearm (simulated or otherwise) at someone is kind?”
After interviewing Smith, Todd Starnes, host of Fox News & Commentary, commented, “I’m assuming that also means kids won’t be able to cool off by running through semi-automatic sprinklers. Don’t be surprised if the BSA bans campfires and replaces them with simulated flames on portable smartphones. Can’t risk the kids burning their marshmallows.”
All of this was followed by a May 21, 2015 speech by former Defense Secretary Robert Gates at the BSA Annual Convention in Atlanta. As the recently elected president of the BSA, Gates urged the organization to reverse its longtime ban on homosexual scoutmasters, warning that “court challenges to the ban would be inevitable, costly, and ultimately lead to the collapse of the organization.”
One wonders whether Gates might have left the Pentagon in July 2011 with a copy of Barack Obama’s Iraq and Afghanistan Rules of Engagement in his pocket and simply read the wrong speech to the assembled scouts. The proposal to reverse the ban on homosexual scoutmasters comes on the heels of a historic policy change of May 23, 2013, when the BSA voted to lift the ban on gay scouts. Fearing unforeseen financial consequences, the BSA voted to reverse its 103 year policy banning homosexuals from the organization, while postponing any decision on the issue of gay scout leaders.
The news that the Boy Scouts may soon reverse their ban on gay scoutmasters caught the eye of conservative talk radio icon, Barry Farber, host of The Barry Farber Show in New York.
In a June 9 column for WorldNetDaily, titled, What if ‘Gay Scoutmaster’ Story is Sick Joke? Farber expressed his outrage. He said, “There’s only one way to let you know how the likely arrival of gay scoutmasters sits with me. It may seem over-twisted to you, but don’t forget, I’m the world’s foremost authority on how things sit with me!”
To illustrate his befuddlement, Farber said, “Remember Alan Funt’s laugh-laden TV show Candid Camera? Elaborate practical jokes were played on unsuspecting people while concealed cameras were rolling. Innocent people were thrust into preposterous situations, and after their confusion and consternation were milked dry, the mask would come off and the announcer would proclaim, ‘Smile! You’re on Candid Camera!’
“Now gay scoutmasters are coming! Part of me semi-seriously suspects that all this talk of gay scoutmasters is fake, a practical joke by major media and major politicians to target me and mess up my head. I imagine a secret conclave in a back room. The ringleader calls for order. ‘Let’s have some fun,’ he begins. ‘Barry Farber is a conservative talk-host and columnist who believes in virtues and values and stuff. We’re gonna pretend the Boy Scouts decided to lift the ban on gay scoutmasters. Boy Scout President Bob Gates has agreed to go along with the gag, and as former head of the CIA and secretary of defense, he knows how to keep a secret and put on a good act. Gates will put out a statement like, ‘We must live in this world as it is and not as we wish it to be, and, given society’s mounting opposition, we can no longer sustain banning overtly homosexual men from serving as scoutmasters.’
“Farber will bite the bait and get sucked all the way up the exhaust pipe and take it all seriously and stutter and sputter his way through one of his right-wing rages. We’ll have some good, clean fun when Farber learns it was all an absurd gag and he was tee-totally stupid enough to fall for it! Learn your roles in the hoax, everybody. We’ll roll it out in spring of 2015.’ ”
Farber confesses, “I’d volunteer to undergo the most stinging humiliation possible if ‘gay scoutmasters’ really were a gag. I remember full well how utterly fascinated we Boy Scouts – age 12 to 15 – were about everything having anything to do with sex. This lifting of the ban against overtly gay men serving as scoutmasters is the one news story most deserving of being a sick joke and not a breathtaking transmogrification of the rulebook…
“Is Bob Gates seriously asking us to believe there are hordes of American parents right now stomping and screaming, ‘We won’t tolerate this mindless bigotry against gay scoutmasters. Admit them immediately or we’ll withdraw our sons from Scouting!’ I don’t think so. What strikes me as unsustainable is maintaining sexual distance between boys aflame with experimentation lust and gay scoutmasters challenged beyond comprehension by the temptations brought on by this incredible surrender.”
Farber concludes, “Political correctness has a brother, older, wiser and stronger. His name is Common Sense. That brother is now pleading to be heard and heeded. Historian-philosopher Will Durant gave us an excellent battle cry that goes, ‘When liberty destroys order, the hunger for order will destroy liberty.’ As a suggested corollary, we might also assume, ‘When political correctness destroys common sense, the hunger for common sense will destroy political correctness.’ I hope so. Too many innocent lives stand to be affected and afflicted.
“In my view this cave-in by the Boy Scouts does not make big trouble possible. It makes big trouble inevitable. And I wish the gay-agendacrats could understand that zero animosity toward gays attends this outcry.”
I tend to believe that Barry’s onto something and I’m sure he speaks for the vast majority of parents with sons of scouting age. The gay scoutmaster thing has got to be a classic “Smile! You’re on Candid Camera!” gag. After all, if it is now national policy of the Boy Scouts to allow gay men to be scoutmasters, surely the Girl Scouts would have announced by now that they’re going to allow adult male heterosexuals to be troop leaders… taking our pubescent 12 and 13-year-old daughters and granddaughters off into the woods for weekend camping trips, and all with the blessing of the New York Times, The Washington Post, and every liberal politician within shouting distance of a microphone or a TV camera.
As I read Barry’s heartfelt rant, I couldn’t help but think of the 1955 song, “Love and Marriage” by Sammy Cahn and Jimmy Van Heusen, a song first introduced by Frank Sinatra in the 1955 TV production of Thornton Wilder‘s Our Town. The first stanza tells us:
Love and marriage, love and marriage, Go together like a horse and carriage. This I tell you brother, You can’t have one without the other.
In other words, if parents of 12 and 13-year-old boys are going to be faced with the dilemma of whether or not to allow their sons to go off on weekend camping and canoeing trips with openly gay scoutmasters, then how long will it be before we are called upon to wrestle with the same dilemma where our daughters and granddaughters are concerned? Or are we to assume that, while the sexual abuse laws are written to be gender neutral, parents should be willing to put their sons in harm’s way, but not their daughters?
That’s what convinces me that the gay scoutmaster thing is just another liberal gag. Will liberal orthodoxy dictate that we discriminate between boys and girls, as we do in nearly all sex-related matters, or, in the interest of “fairness,” will they insist that, just like love and marriage, “You can’t have one without the other?”
In the meantime, Mr. Gates need not worry about the demise of the Boy Scouts of America. When we’ve become so politically correct that 12-year-old boys are prohibited from squirting each other with water guns and Super Soakers, and when they are prohibited from hitting each other with water balloons larger than ping-pong balls, the end has already arrived and the Boy Scouts of America have become the Boy Wooses of America.
What is needed is for parents to regain control of the Boy Scouts, telling Mr. Gates, Mr. Smith, and Mr. Wendell to do what all good scouts should do: “Take a hike!”
https://drrichswier.com/wp-content/uploads/scouting1-e1491996696580.jpg360640Paul R. Hollrahhttp://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngPaul R. Hollrah2015-06-13 05:16:032015-06-13 05:16:46You Can’t Have One without the Other
Suing the government is always risky. It’s mostly unsuccessful. But the inventor of the first 3-D-printed gun (“The Liberator”) is forging ahead anyway. He has filed suit against the U.S. Department of State for forcing him to take down his digital files from the Internet.
The New York Timesquoted several constitutional attorneys who believe that Wilson case is non-trivial and could possibly be decided in his favor. First Amendment attorney Floyd Abrams told the Times: “On the face of it, it seems to me like a serious claim.”
The grounds he has chosen are interesting and compelling. He says that by forcing his data offline, the government violated his free speech rights. He did nothing but post a file type with digital content, essentially just a series of 1s and 0s
The State Department scrambled to find some old regulation to use to force it down. They scrounged up Cold War-era regulations concerning “International Traffic in Arms” — legislation designed to control the flow of arms from the U.S. to Soviet-bloc territories in Eastern Europe.
But Wilson never trafficked in guns. He didn’t even manufacture any with an attempt to market them, much less transport them across national borders. He merely shared an idea through the medium that is the primary vehicle for the exercise of speech in our time. How can a law designed to prevent guns exports pertain to the sharing of an idea?
What is the difference between a real gun and a digital model of a gun? Guns are physical, weighty, take up space, and subject to the constraints of scarcity. To be transported, they have to be packed and shipped.
But what if you can take the model for printing a gun and render it in an infinitely malleable, portable, reproducible, weightless file that can shared like an email? Anyone who obtains that file can print a functioning gun.
Under those conditions, a gun leaves the physical world to become part of the realm of ideas. To invent it, change it, and share it is no different from inventing, changing, and sharing any other idea. It is a human right. And that is precisely what the First Amendment seeks to protect. For any government to forbid it is to muzzle the freedom to think and to speak.
Wilson publicly posted his computer-aided design (CAD) files on a distributed network. He did nothing more. It’s a form of speech. But the government said no. Over the following two years, Wilson tried his best to comply with the regulations to which the government claimed he was subject, but never did receive a green light.
Meanwhile, this being the Internet, his CAD files migrated to a thousand other places online. Wilson very cleverly assured that this would happen by releasing his file with a compelling video that garnered massive media attention. Millions of downloads took place. Just days after the files had been posted, crowd-sourced improvements to his 3-D gun were all over the Internet, and YouTube was hosting video tutorials in how to print and assemble them.
The case really pushes us to think about the implications of government regulation in the digital age.
Over the last 20 years, we’ve seen the acceleration of a great migration of the physical world to the digital world. It began with messaging, moved to images, and then onward to sound files and movies.
With 3-D printing, potentially any object can be digitized and ported peer-to-peer anywhere in the world, making a mockery of production controls, consumer regulations, trade barriers, patents, taxes, and a thousand other government restrictions. With the migration of money from physical to digital, and from national to global, as with Bitcoin, the same new reality presents itself.
The more this revolution progresses, the more we become aware of just how outmoded our systems of government control really are. They were created in an analog age where all sources of economic value seemed to be instantiated exclusively into scarce, physical goods. When government sought to control them, they were really controlling physical things and persons. This is what government does well, by use of its monopoly of coercive control in a particular geography. Government is a uniquely analog institution.
But what happens in a digital age when the physical inhabits a digital space in which “things” become infinitely portable (regardless of borders), infinitely malleable (regardless of regulations), and essentially indestructible (regardless of how much coercion is used)?
Government experiences a loss of control. It becomes ineffective, outmoded, and obsolete. Inner contradictions begin to reveal themselves.
In a digital world, government attempts to control really amount to an intervention in fundamental civil liberties such as speech that nearly everyone believes must be protected.
The American left — which has long believed it could heavily regulate the “economy,” while leaving civil liberties intact — will have trouble making sense of this one. The American right — with its belief that free enterprise can live happily alongside censorship — faces a similar cognitive dissonance.
What’s beautiful in this case is that Cody Wilson knew of this tension all along, and his gun was designed to underscore the point: If you try to control the Internet, you are really attempting to control people in ways that are unconscionable. He is a student of the libertarian tradition, and his passions are fundamentally with the cause of human liberty. He is not a “gun nut” so much as a “human rights nut”; now he can fairly be said to be a free speech nut. Matters are playing out exactly as he had hoped.
Regulating in the world was much easier when we are talking about land, heavy machinery, and other things that take up space. It all comes down to who has the most manpower and firepower.
But when the truly valuable things in the world cross that great divide between material and merely intellectual, the balance of power shifts too. The cause of freedom has the advantage. This is the single most salient feature of the politics and economics of our time.
I truly hope that Wilson wins his case. But even if he loses, he has made his point: Either we shut down the progress of the world toward ever more sharing of information, or we stop trying to impose atavistic forms of coercion and control.
Meanwhile, I just Googled for CAD files of printable guns. In a fraction of second, 2,000 different models filled my screen. In some ways, Wilson has already won. You can’t stop the signal.
Jeffrey Tucker is Director of Digital Development at FEE, CLO of the startup Liberty.me, and editor at Laissez Faire Books. Author of five books, he speaks at FEE summer seminars and other events. His latest book is Bit by Bit: How P2P Is Freeing the World.
https://drrichswier.com/wp-content/uploads/AR15-e1431547204319.jpg317640Foundation for Economic Education (FEE)http://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngFoundation for Economic Education (FEE)2015-05-13 16:01:112015-06-12 09:00:22Blurred Lines: When Guns Become Speech by JEFFREY A. TUCKER
https://drrichswier.com/wp-content/uploads/armed-america-women.jpg416638Bill Finlayhttp://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngBill Finlay2015-03-19 05:39:552015-06-12 09:01:21Armed American Women
The Florida legislature is considering bills in both houses to allow students with a concealed carry permit to bring their gun on campus. Educators have a responsibility to keep their students safe while on campus. Students currently give up their unalienable rights to defend themselves while on a school campus. Making college and K-12 school campuses gun free zones puts safety on the back burner and self defense impossible.
In November 2014 three Florida State University students were shot on campus by a lone gunman. One of the wounded students was a military veteran and holder of a Florida concealed carry permit. He was unarmed because current Florida law prevented him from carrying while on campus.
Across the country, legislators are debating the right of law-abiding concealed carry permit holders to legally carry firearms onto university campuses.
Just the other day, I was asked “Why do you need a firearm on campus? What’s so threatening about becoming educated?” Here’s my answer: Eight years ago, during my junior year at the University of Nevada-Reno, I was raped in the parking garage only feet away from the campus police office.
As this stranger raped me while holding a pistol to my temple, I could see the police cruisers parked for the night, and I knew no one was coming to help me. Eventually the man who raped me, James Biela, was caught. He was tried and convicted for not only raping me at gun point in a gun-free zone, but also raping two other women and murdering Brianna Denison. So, I ask, “How does rendering me defenseless protect you against a violent crime?”
At the time of my attack, I had obtained my Concealed Carry Weapons (CCW) permit for the personal choice of not wanting to be a defenseless target. In Nevada, permit holders are not allowed to carry firearms on campuses. As a law-abiding citizen, I left my firearm at home, which means that the law that is meant to ensure my safety only guaranteed the criminal an unmatched victim.
I still wonder what would have been different if I’d been carrying my weapon that night. But here’s the truth: Had I been carrying my firearm, I would have been able to stop the attack. Not only that, but two other rapes would have been prevented and three young lives would have been saved, including my own.
Any survivor of rape can understand that the young woman I was walking into the parking garage that night was not the same woman who left. My life has never been the same after my attack. Legalized campus carry would have saved my family, who happens to be the collateral damage in my story, and me a great deal of untold torment.
My case is a perfect example that despite law enforcement’s best efforts to ensure our safety, they are unable to be everywhere at once. All I wanted was a chance to effectively defend myself. The choice to participate in one’s own defense should be left to the individual. That choice should not be mandated by the government. As a law-abiding citizen, I should not have to hand over my safety to a third party. Laws that prohibit campus carry turn women like me into victims by stripping away our Second Amendment rights.
Unfortunately, legislators opposed to campus carry are more intimidated by law-abiding citizens like me sitting in class with a legal firearm, than the rapist waiting for me in the parking garage. Most people are unaware that one in four women will be raped while attending college and one-third of them occur on the campus they attend.
EDITORS NOTE: Amanda Collins’ op-ed is a response submitted through the National Rifle Association to a Feb. 24 column, “More Guns on campus is not the answer to sexual assault,” by Shannon Watts, the founder of Moms Demand Action for Gun Sense in America, a Michael Bloomberg funded anti-gun organization.
https://drrichswier.com/wp-content/uploads/girls-concealed-carry.jpg424620Dr. Rich Swierhttp://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngDr. Rich Swier2015-03-13 11:45:442015-06-12 09:01:40Why Florida needs to legalize concealed carry on campus: A rape survivor’s compelling argument
In Dallas, Texas, the newly formed Huey Newton Gun Club marches in the streets bearing assault rifles and AR-15s. “This is perfectly legal!” the club leader shouts. “Justice for Michael Brown! Justice for Eric Garner! … Black power! Black power! Black power! Black power!”
Meanwhile, closer to Washington, DC, the venerable National Association for the Advancement of Colored People (NAACP) responds to the fatal shooting of two New York City police officers in December by repeating its call for tougher gun-control laws.
How, then, do black Americans feel about guns?
They are divided on the issue, as are Americans generally. But that doesn’t mean they’re evenly divided. The 21st-century NAACP represents what one black scholar calls “the modern orthodoxy of stringent gun control,” whereas the members of the Huey Newton Gun Club are a minority within a minority, as were the Black Panthers of the 1960s, from whose founder the gun club takes its name.
It turns out, however, that the gun-toting resistance may better represent the traditional majority among the American descendants of enslaved Africans — including the original NAACP.
Peaceful people with guns
An older and deeper tradition of armed self-defense “has been submerged,” writes scholar Nicholas Johnson, “because it seems hard to reconcile with the dominant narrative of nonviolence in the modern civil-rights movement.”
It is the same tension modern-day progressives see in libertarians’ stated principles. Advocates of the freedom philosophy not only see our principles as compatible with gun rights; we see those rights as an extension of the principles. For a government (or anyone else) to take guns away from peaceful people requires the initiation of force.
“But,” progressive friends may object, “how can you talk of peaceful people with guns?”
What sounds absurd to them is clear to the libertarian: the pursuit of “anything peaceful” is not the same as pacifism. There is no contradiction in exercising a right of self-defense while holding a principle of nonaggression. In other words, we believe peaceful people ought not initiate force, but we don’t rule out defending ourselves against aggressors. And while a few libertarians are also full-blown pacifists who reject even defensive violence, that does not mean they advocate denying anyone their right to armed self-defense (especially as such a denial would require threatening violence).
The black tradition of armed self-defense
For more than a hundred years, black Americans exemplified the distinction above when it came to gun rights. The paragon of black nonviolence, Martin Luther King Jr., explained it eloquently:
Violence exercised merely in self-defense, all societies, from the most primitive to the most cultured and civilized, accept as moral and legal. The principle of self-defense, even involving weapons and bloodshed, has never been condemned, even by Gandhi.
King not only supported gun rights in theory; he sought to exercise those rights in practice. After his home was firebombed on January 30, 1956, King applied for a permit to keep a concealed gun in his car. The local (white) authorities denied his application, claiming he had not shown “good cause” for needing to carry a firearm.
Modern advocates of gun-control laws will point out that King ultimately regretted his personal history with guns, seeing them as contrary to his commitment to nonviolence, but King understood that his pacifism was not in conflict with anyone else’s right to self-defense.
According to his friend and fellow activist Andrew Young, “Martin’s attitude was you can never fault a man for protecting his home and his wife. He saw the Deacons as defending their homes and their wives and children.” The Deacons for Defense and Justice was a private and well-armed organization of black men who advocated gun rights and protected civil rights activists. Even after the Deacons became a source of embarrassment to many in the nonviolence movement, King maintained his support.
“Martin said he would never himself resort to violence even in self-defense,” Young explained, “but he would not demand that of others. That was a religious commitment into which one had to grow.”
While King may have come to see his strategic nonviolence as being of a piece with personal pacifism, most activists in the civil rights movement saw no contradiction between nonviolent strategy and well-armed self-defense.
“Because nonviolence worked so well as a tactic for effecting change and was demonstrably improving their lives,” writes Charles E. Cobb Jr., a former field secretary for the Student Nonviolent Coordinating Committee (SNCC), “some black people chose to use weapons to defend the nonviolent Freedom Movement. Although it is counterintuitive, any discussion of guns in the movement must therefore also include substantial discussion of nonviolence, and vice versa.”
Voting-rights activist Fannie Lou Hamer, for example, advised blacks to confront white hatred and abuse with compassion — “Baby you just got to love ’em. Hating just makes you sick and weak.” But when asked how she survived when white supremacists so often grew violent, Hamer replied, “I’ll tell you why. I keep a shotgun in every corner of my bedroom and the first cracker even look like he wants to throw some dynamite on my porch won’t write his mama again.”
In Negroes and the Gun: The Black Tradition of Arms, Johnson shows that the attitudes of King and Hamer go back for well over a century in the writings, speeches, and attitudes of black leaders, even when their libertarian attitude toward firearms was at odds with the philosophy of their white allies.
Frederick Douglass, an escaped slave and the most famous black leader of the 19th century, rejected the pacifism of his white abolitionist supporters when he suggested that a good revolver was a Negro’s best response to slave catchers.
Harriet Tubman, the celebrated conductor of the Underground Railroad, offered armed protection to the escaped slaves she led to freedom, even as they sought sanctuary in the homes of Quakers and other pacifist abolitionists.
Lest you think religious devotion divided the black community on this subject, a mass church gathering in New York City in the mid-19th century resolved that escaped slaves should resist recapture “with the surest and most deadly weapons.”
W.E.B. Du Bois, one of the cofounders of the NAACP in 1909, wrote of his own response to white race riots in the South: “I bought a Winchester double-barreled shotgun and two dozen rounds of shells filled with buckshot. If a white mob had stepped on the campus where I lived I would without hesitation have sprayed their guts over the grass.”
If that sounds like simple bloodlust, consider that Du Bois outlined for his readers an understanding of armed violence that should resonate with advocates of the nonaggression principle: “When the mob moves, we propose to meet it with bricks and clubs and guns. But we must tread here with solemn caution. We must never let justifiable self-defense against individuals become blind and lawless offense against all white folk. We must not seek reform by violence.”
Du Bois was not at odds with the larger organization for which he worked. “While he extolled self-defense rhetorically in the Crisis,” writes Johnson, “the NAACP as an organization expended time, talent, and treasure to uphold the principle on behalf of black folk who defended themselves with guns. That fight consumed much of the young organization’s resources.” Yes, the NAACP originally devoted itself to defending precisely those same rights that it now consistently threatens.
These examples all predate the nonviolent civil rights movement of the 1950s and ‘60s. But as King’s own words show us, support for armed self-defense continued well into the civil rights era. In fact, Charles Cobb argues in This Nonviolent Stuff’ll Get You Killed: How Guns Made the Civil Rights Movement Possible, the success of the civil rights movement depended on well-armed blacks in the South. Cobb writes that the “willingness to use deadly force ensured the survival not only of countless brave men and women but also of the freedom struggle itself.” The victories of the civil rights movement, Cobb insists, “could not have been achieved without the complementary and still underappreciated practice of armed self-defense.”
Even Rosa Parks, quiet icon of both civil rights and nonviolent resistance, wrote of how her campaign of peaceful civil disobedience was sustained by many well-armed black men. Recalling the first meeting of activists held at her house, Parks wrote, “I didn’t even think to offer them anything — refreshments or something to drink.… With the table so covered with guns, I don’t know where I would’ve put any refreshments.” The guns didn’t go away after her victory in the Supreme Court. “The threatening telephone calls continued.… My husband slept with a gun nearby for a time.”
The origins of gun control, public and private
In contrast to the rich black history of peacefully bearing arms, the earliest advocates of gun control in America were Southern whites determined to disarm all blacks. In 1680, the Virginia General Assembly enacted a law that made it illegal for any black person to carry any type of weapon — or even potential weapon. In 1723, Virginia law specifically forbade black people to possess “any gun, powder, shot, or any club, or any other weapon whatsoever, offensive or defensive.”
These were laws from the colonial era, but even after the Second Amendment, we see the same pattern: Southern whites who reacted to the abolition of slavery “through a variety of state and local laws, restricting every aspect of Negro life, from work to travel, to property rights.” Johnson explains that “gun prohibition was a common theme of these ‘Black Codes.’”
Where the Black Codes fell short in their effectiveness, the Ku Klux Klan and an array of similar organizations “rose during Reconstruction to wage a war of Southern redemption.… Black disarmament was part of their common agenda.”
But while many white people were opposed to the idea of black people with guns, black support for gun rights, according to Johnson, “dominated into the 1960s, right up to the point where the civil rights movement boiled over into violent protests and black radicals openly defied the traditional boundary against political violence.”
That violent and radical turn was the catalyst for a dramatic transition, as the movement ushered in a new black political class. Rising within a progressive political coalition that included the newly minted national gun-control movement, the bourgeoning black political class embraced gun bans.… By the mid-1970s, these influences had supplanted the generations-old black tradition of arms with a modern orthodoxy of stringent gun control.
Top-down versus bottom-up
In every large group, there is a division of interests, understanding, and goals between an elite and the rank and file. In American history, those of African descent have been no different in this regard. But for most of that history, the black leadership and the black folks on the ground have been in agreement about the importance and legitimacy of armed self-defense — and equally suspicious of all attempts by any political class to disarm average people.
According to the new orthodoxy, however, any preference that black people demonstrate for personal firearms cannot represent the race — only a criminal or misguided subset. So the black political class consistently supports disarming the citizenry, both black and white — although remarkably, some are even willing to target gun bans to black neighborhoods.
But while the black elite tries to plan what’s best for the black rank and file, some individuals are rejecting the plan and helping to drive history in a different direction. “Recent momentous affirmations of the constitutional right to keep and bear arms,” writes Johnson, “were led by black plaintiffs, Shelly Parker and Otis McDonald, who complained that stringent gun laws in Washington, DC, and Chicago left them disarmed against the criminals who plagued their neighborhoods.”
What do we make of these rebels? Are they traitors to their race? Are they dupes of the majority-white gun lobby? Or were they, as Cobb describes Southern blacks of the 1960s, “laying claim to a tradition that has safeguarded and sustained generations of black people in the United States”?
Neither Parker nor McDonald will be nominated for an NAACP Image Award any time soon, but perhaps they represent a different black consciousness — a more individualist, even libertarian, tradition with a stronger grounding in black history.
https://drrichswier.com/wp-content/uploads/20150203_CivilRightsGunsdetail.png313631Foundation for Economic Education (FEE)http://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngFoundation for Economic Education (FEE)2015-02-06 15:59:082015-02-06 15:59:58Armed and Black: The history of African-American self-defense by B.K. Marcus
The video below of Washington State Representative Matt Shea demanding an apology, after a deputy said Mine-Resistant Ambush Protected (MRAP) vehicles are needed for gun owners, is a quick study of leadership by an elected official.
Representative Matt Shea, Washington State (R-District 4).
The Great State of Washington has a leader in Representative Shea, but he is more than a public official. Matt is an attorney, and proudly served in our military two tours of Iraq in military intelligence. Thoughtful, studious, and passionate about a person’s freedom and the sovereignty of a city, county, or state, Representative Shea is not about worrying over his next election or committee assignment or building a resume. Representative Shea knows the citizens of this Nation are in a war for the very survival of our country, and the enemy is “behind the wire” and determined to collapse this Republic we call home. I also know Representative Shea personally, and call him “friend” and colleague, in that, we both are working to preserve these exceptional United States.
Moments after concluding his speech, Matt, Sheriff Richard Mack, and I were on a conference call. One of the topics discussed was rallying elected officials to stand against the growing juggernaut, which is the Federal Government and its many agencies. Since the near disaster at Bundy Ranch almost a year ago, we are aware of a growing list of elected officials who have come forward and placed their responsibilities to their Oaths of Office and representation of citizens first, and concerns with re-election a distant second. These elected officials embrace the foundational concept:
People are free and equal, and they voluntarily transfer some of their rights via a social contract to a government – mostly to protect them from violence, so they may enjoy their freedoms and their lives.
Governments exist by the consent of the people in order to protect the rights of the people, and therefore, governments that fail to do so can be resisted and replaced with new government. Listen to Representative Matt Shea speak truth and speak as a leader. We need this in those we have elected to represent us. American voters will trust a leader who believes in right and wrong and acts on it, even at his own seeming expense. And the reverse is also true: a leader must trust the American people, believing they are both good and gifted, equal to almost any challenge thrown at them.
Politics for those in office so they can remain and get internally promoted to this coveted chairmanship of a committee, or the corner office, or bigger title is crude and rude, we are losing our country and do not need such office holders. We need leaders who are willing to publicly place the people above themselves, above ideology, above political agendas. We need leaders who will stand and speak straight with the citizens, as you will see when you click on the below link and listen to Representative Shea; leaders who will call-out those abusing their positions of trust; those in public office who, for whatever reason, have forgotten their Oaths of Office, much less that all positions of public trust are but temporary, and an honor to hold – not a right.
If you elected official is not coming close to the ideals I have mentioned, or those you will see and listen to then put them on notice! Enough! We are losing our country and this is NOT a drill!!
https://drrichswier.com/wp-content/uploads/DHS-MRAP-Vehicle.jpg399600Lyle J. Rapacki, Ph.D.http://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngLyle J. Rapacki, Ph.D.2014-12-22 08:15:472014-12-22 08:15:47Washington State Rep. Shea demands Apology after Deputy says Armored Vehicles needed to combat Gun Owners
Last month, while addressing a group of Colorado sheriffs, Colorado Governor John Hickenlooper spoke on the topic of the state’s 2013 measure outlawing almost all private transfers of firearms. According to the Denver Post, Hickenlooper told the sheriffs, “I think we screwed that up completely… we were forming legislation without basic facts.”
A new Associated Press report examining Colorado background check data in the first year of the new law proves the accuracy of Hickenlooper’s statement, and should (although likely won’t) end the repetition of an already discredited anti-gun background check factoid.
The report states that the Colorado Legislative Council, an offshoot of the state legislature that is tasked with analyzing legislation, estimated that 420,000 additional background checks would be conducted in the two years following the new private sale restrictions. This led the Colorado legislature to allocate $3 million to the Colorado Bureau of Investigation to handle the anticipated increase.
However, the AP notes, “officials have performed only about 13,600 reviews considered a result of the new law — about 7 percent of the estimated first year total.” The article goes on to state, “In total, there were about 311,000 background checks done during the first year of the expansion in Colorado, meaning the 13,600 checks between private sellers made up about 4 percent of the state total.”
How did the Colorado Legislative Council get their estimate so wildly wrong?
They relied on the same bogus statistic (that 40 percent of gun transfers occur between private parties) which gun control advocates and the White House have been using to advocate for expanded background checks all over the country.
The 40 percent statistic is from a Police Foundation survey, the results of which were published in a 1997 National Institute of Justice report titled, Guns in America: National Survey on Private Ownership and Use of Firearms. The figure has been debunked repeatedly by the NRA and others, and even earned the President “Three Pinocchios” from the Washington Post’s fact-checker for his repeated use of the misleading stat.
Unfortunately, these public admonishments haven’t deterred gun control supporters from using this absurdly inflated figure. In November, Sen. Dianne Feinstein repeated the factoid in an opinion piece for the San Jose Mercury News. As recently as early July, the Brady campaign asserted in a press release, “Approximately 40 percent of all guns sales go unchecked.” A May press release from Michael Bloomberg’s Everytown for Gun Safety reiterated estimates “that 40 percent of gun sales occur without a background check in the U.S.” Even President Obama’s official website, whitehouse.gov, has a page for his “Now is the Time” gun control campaign that continues to claim, “Right now, federally licensed firearms dealers are required to run background checks on those buying guns, but studies estimate that nearly 40 percent of all gun sales are made by private sellers who are exempt from this requirement.”
The data from Colorado’s first year of restricted private transfers makes continued use the 40 percent figure untenable. Still, some gun control advocates might seek to blame Colorado’s low increase in background checks on scofflaws, and those unaware of changes in the law, circumventing the new restrictions. Even if these factors did have a role to play in the underwhelming check numbers, they could hardly be expected to raise the percentage of undocumented private transfers by a factor of 10. Even if they could, it would merely weaken the case of the efficacy of private transfer restrictions. Evidence of background check avoidance would simply underscore NRA’s position that background check laws cannot affect the behavior of those who intentionally or unknowingly violate them.
Colorado’s expensive foray into background check expansion should serve as a warning to state and federal legislators as to the limited effect these laws can have, and the importance of collecting the “basic facts” before crafting legislation that inhibits the rights of their constituents.
Yet the tactics of gun control supporters are nothing if not shameless, so don’t expect them to relinquish the 40 percent myth any time soon. President Obama has openly embraced the confiscatory gun bans of Australia and Great Britain, and he and other gun control radicals realize they can’t achieve that goal without registration. “Universal” background checks are the next step in that direction, so for their proponents, the ends justify their dishonest means.
For everyone else, however, Colorado’s example is a resounding reminder that the war the proponents of “universal” background checks are waging is one of ideology, not one of facts, and it is certainly not in the service of “gun safety.”
EDITORS NOTE: This column is by the NRA-ILA with accompanying graphic.
https://drrichswier.com/wp-content/uploads/background-checks-graphic-e1406370426252.jpg339640Dr. Rich Swierhttp://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngDr. Rich Swier2014-07-26 06:29:532014-07-26 06:29:53Colorado’s Experience Soundly Refutes Common Anti-gun Talking Point
You may have seen the news that the Humane Society of the United States (HSUS), along with other anti-hunting groups and individuals, filed a petition with the Interior Department demanding rules against hunting with traditional ammunition on public lands – one-fifth of the total land area in the U.S.
The National Sports Shooting Foundation (NSSF) warned this was coming after the HSUS playbook was discovered. After all, this is the same HSUS that is run by Wayne Pacelle, who has made his goals known:
“If we could shut down all sport hunting in a moment, we would.” (The Kingman Daily Miner, 30 December 1991).
“We are going to use the ballot box and the democratic process to stop all hunting in the United States. We will take it species by species until all hunting is stopped in California. Then we will take it state by state.” (Full Cry Magazine, 1 October 1990).
The 50 page-petition is littered with junk science and fails to make the case that the use of traditional ammunition is a threat to wildlife populations or to humans that would warrant such a drastic action. Are we really to believe USUS finds hunting acceptable just so long as hunters use alternative ammunition? Hunters, sportsmen and target shooters aren’t gullible. We know better than to trust HSUS with setting hunting policy for the entire country. But we can’t assume the Obama Administration’s Interior Department is on our side.
Call Interior Secretary Sally Jewell today at202-208-3181and tell her to reject this scientifically baseless petition from HSUS to ban traditional ammunition. Let the Department of the Interior know that requiring the use of alternative, non-lead ammunition, is nothing more than a back-door way to ban hunting by raising the price of participating in an American sporting tradition. Make sure to tell them:
There is no sound science to support banning traditional ammunition used by hunters for centuries.
Don’t allow the Humane Society and other anti-hunting groups to advance their end game of banning all hunting through the tactic of by banning the use of traditional ammunition for hunting on public lands.
There is absolutely no adverse wildlife population impact that warrants such a drastic measure.
There is no evidence that consuming game taken with traditional ammunition poses a human health to hunters and their family.
Hunters are the original conservationists. Excise taxes (11%) raised from the sale of traditional ammunition the HSUS and others unfairly demonize is a primary source of wildlife conservation funding. Banning traditional ammunition will harm the very animals HSUS claims to care about.
Call your officials today:DOI Office of Communications: 202-208-6416DOI Executive Office: 202-208-3181FWS Public Affairs: 703-358-222
https://drrichswier.com/wp-content/uploads/kids-guns-e1386882799305.jpg359640Dr. Rich Swierhttp://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngDr. Rich Swier2014-06-18 11:40:212014-06-18 11:44:47Hunting on Public Lands at Risk!
I am not going to spend hours and hours to answer this question. America, Israel, Canada, and other non Islamic countries can be spared their destruction from the evils of the Islamic ideology by only one method.
I am not a war monger, not do I desire any form of violence, or want to see innocent children harmed by a war in their country. I am providing my professional analysis of a very serious problem. The problem is the Islamic ideology. It is an ideology that lives, breeds, and grows faster than any known terminal form of cancer.
If we do not want America to be destroyed it is going to take Americans saying no to Islam. Not just with bumper stickers. Americans are going to have to demand the Islamic ideology and Shariah law to be labeled as an Islamic terrorist group.
Al Qaeda, Hamas, Boko Haram, and the dozens of other Islamic terrorist groups are just splinters from the Islamic ideology itself. There is no good with such violent groups as the KKK, Al Sharpton’s organization, or the Islamic ideology.
Think back the last decade, how many days have gone by in which Islam and their murderers have not been in the world news. In the name of Islam, their fighters have murdered thousands upon thousands of innocent men, women, and children.
Americans must stand up and fight the ‘Holy War’ Islamic leaders have always expressed their desire for. The days of shaking hands and allowing Islam to spread in America are gone. There are approximately 2300 mosques in America. Their numbers are growing and existing mosques are expanding in size.
How do Americans fight?
Again this is my analysis, not my desire. During the civil war Americans (due to politics) had to fight other Americans. Politicians left Americans with no choice. In 2014 after six long years of Socialist Obama, politics are again pitting Americans against people living in America. The people within Islam are not Americans, regardless of what a court or politician dictates. One can only be an American if he/she vows to put the U.S. Constitution as the supreme law of the land. An American vows to give his/her life for America against enemies from the inside and out.
The Islamic ideology and it’s followers living in America do not support the U.S. Constitution over Shariah law. If a Muslim tells you he/she does, they are lying to you. The only solution to save America is for America to be a land for Americans only or those who would give their life to support the U.S. Constitution. If a person does not meet this requirement then he/she should be considered an enemy of America.
Boko Haram, the group that kidnapped 300 innocent Christian children in Nigeria are practicing Islam as Mohammed and Shariah law dictate. They are not radical. They are ‘Pure Muslims’ who desire to live in a land as Mohammed wanted. They are just carrying out his commands. See:
On 12 Feb 2007, a Muslim left a mosque in Salt Lake City, Utah. He proceeded to Trolley Square Mall and murdered 5 innocent people in the name of Islam. I had personally conducted research at this mosque and rated it at the highest level for the potential of violence. This mosque is about a one minute walk to the Shopping Mall.
A bit of interesting trivia:
How many people die on average each year due to ‘Guns’? 30,000
How many people die on average each year due to ‘Alcohol’? 88,000
How many people die each year due to ‘Tobacco’? 443,000
How many Babies’ are murdered each year in the name of ‘Abortion’? 1.7 million
Do readers truly believe politicians, our law enforcement, media, or liberals really want to save Americans from needless death? Why do they choose to put guns as their number one enemy, when a hundred times more die from Alcohol or Tobacco? A thousand times more innocent babies are killed by abortions each year in America than people killed by guns (30,000).
It would be more appropriate for these hypocrites to ban alcohol, tobacco, and stop murdering innocent children if they really care about human life. The fact is, sadly, they don’t care.
https://drrichswier.com/wp-content/uploads/shariah-demonstration.jpg359640Dave Gaubatzhttp://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngDave Gaubatz2014-05-28 08:29:282014-05-28 08:29:28There is Only One Way to Prevent Shariah from Destroying America
The Second Amendment clause, “The right of the people,” indicates that the framers were acknowledging a right rather than granting a right. Therefore, this right “to keep and bear arms” is an inherent and intrinsic right that predates the Constitution. A preexisting right cannot ever be malum prohibitum – wrong because legislatures, courts or political correctness says it’s wrong.
Regardless of recent Supreme Court of the United States (SCOTUS) decisions supporting this legal fact, our detractors have continued to work to disparage our right. Their next assault might be to the effect that, though the Right to Keep and Bear Arms (RKBA) is an individual right, it is not absolute. They will contend that even a SCOTUS mandate is not absolute and thus is subject to restrictions.
Contrary to what some over zealous pro-gunners want to believe, the antis are correct inasmuch as the RKBA is not an absolute. Stay with me, now. If it was, we would have to allow little children and prison inmates to keep and bear arms. Therefore, some limits must be acceptable. But limits do not mean anything the legislature/courts want it to be. Bearing arms is not an absolute right under all conditions anymore than free speech allows one to yell fire in a crowded building when there is no fire. The constitutional right to bear arms does have limits, but these confines are only limited to two factors: Citizenship and Other’s Rights.
“The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.” Justice Louis Brandeis, 1927.”
CITIZENSHIP: At the time of the Constitution’s inception the framers, “all men in a man’s world,” clearly gave little thought to anyone other than the man as the defender of family, property or country. Whereas, in Eighteenth-Century England, only the landed rich were empowered to defend honor and country. This concept of all men being full citizens and having the right, empowerment and obligation to self-preservation was unique to America.
A citizen, circa 1785, was considered to be any white, American, male over the age of 21 and not a felon. The idea of civilian gun controls was unconscionable. It is was also inconceivable that a Thomas Jefferson or a James Madison would refuse to take a musket away from a drunk, a child or someone conspicuously deranged. Had one been able to ask these learned, most-sacred-document framers of the conflict of such a restrictive action; they most likely would have replied with words to the effect that the drunk or mental incompetent were, at least temporarily, not citizens. A child was, of course, not a man and a felon had forsaken his citizenship.
The controversy of the 2nd Amendment exists because, erroneously, some have insisted that the right to keep and bear arms is a state (as in Ohio, Texas, Florida) right and not an individual right. However, it is clear that the first clause: A well regulated militia being necessary to the security of a free state, means a free America. The word “state” also means nation/country, such as “the State of Israel” or “the Arab States” or “Secretary of State”. In other words, the nation can best form a well regulated militia (army/navy) if its militia (originally, men between the ages of 18 and 45) are free to keep and bear arms.
With the ratification of the 13th, 14th and 19th Amendments all of-age Americans were recognized as full, ruling-class citizens. Arms possession was, AND STILL IS, the signature of being a citizen – not a subject to some monarchy and most assuredly not mentally inept, a child, a felon, or a substance abuser.
OTHER’S RIGHTS: Violating the rights of others is cause to restrict gun rights. Allowing certain persons, such as children, felons, drunks, etc., to possess firearms most assuredly creates a substantial risk of loss of someone’s life or liberty. However, restricting the RIGHT of a law-abiding, bona fide citizen from carrying a firearm that is concealed from public view where it can not induce panic or be available to a snatch-and-grab thief, does not present a substantial risk of damage to anyone. Likewise, machine guns, assault rifles, or short-barreled shotguns, while in the possession of law-abiding citizens, are of no danger to others.
Constitutional rights are only such when they don’t infringe on the constitutional rights of others. One’s right to swing his fist ends where the other person’s nose begins. Of course, if one keeps his fist concealed in his pocket he is violating no ones rights. On the same token, if a law-abiding citizen goes about his legal business with a firearm concealed in his pocket he is no more infringing the rights of any other person than the theater-goer who keeps the word “fire” concealed in his mouth.
Some citizens might wish to exercise their right to the “pursuit of happiness” by not wanting to be in the presence of guns. On their own property, not accessible to the public, they can do as they please. However, where public property is involved such as court houses, police stations and legislatures guns can be restricted by instituting the use of metal detectors and storage boxes that the carrier can store his/her gun until he/she leaves that secure area.
But, what about the reasonableness factor? Other “rights” such as those found in the Third, Fourth and Eight Amendments are subject to this doctrine of reasonableness – why not the Second? Our enemies might argue, that, under the reasonableness doctrine, it is reasonable to ban certain types of arms or exclude bearing of arms into specified locations without incorporating metal detectors/lock boxes.
Unlike other Articles and Amendments there is no such provision for “reasonableness” in the Second Amendment. Discretion is not part of the right to bear arms. In other portions of our Constitution we see the following discretionary wording:
Article I, Section 4: “Each house may determine the rules….”
Amendment III: “…but in a manner prescribed by law.”
If the framers of the Constitution had intended for the bearing of arms to be anything other than what it says, they would have included in the Second Amendment subjective words or terms such as “reasonable,” “excessive,” “prescribed-by-law,” “upon-probable cause,” “unusual,” or “may”.
Reading discretionary or reasonableness provisions into the Second Amendment of our Bill of Rights, is no different than reading the First Amendment to say: “Congress shall make no UNREASONABLE law respecting an establishment of religion…” If the legislature or the courts are permitted to insert reasonableness into the Second Amendment, what’s to prevent them from saying a national church or attending church only on Tuesdays is not unreasonable. Not in America, not yet anyway!
SUMMARY: The Second Amendment RKBA is a conditional absolute right. Conditional, insomuch as restrictive conveyances can only be based on citizenship and the rule of other’s rights. In other words, if you are not precluded from owning a gun and your exercising of this right does not infringe on anyone else’s right, you can bear any type of arm anywhere you wish.
Until such time as the Constitution is amended, keeping and bearing any type of arms is an intrinsic and absolute right for all citizens. While on the other hand, non-citizens do not have an absolute right to a firearm. However temporary that condition might be. The “American ruling class” (aka voters), if they so desire, can change the definition of citizen or establish some restrictions – but ONLY by amending the Constitution.
Though voters may change the Constitution and are empowered to repeal portions or amendments thereof, they may not abolish intrinsic and fundamental rights such as the right to self-protection and the means to maintain that right.
Copyright 2014 Chuck Klein
https://drrichswier.com/wp-content/uploads/righttokeepbeararms.jpg432607Chuck Kleinhttp://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngChuck Klein2014-01-16 07:15:082014-01-16 09:01:28The Fallacy of “Reasonable” Gun Control Laws
House Bill 89, Threatened Use of Force, introduced by Representatives Neil Combee (R-Auburndale) and Katie Edwards (D-Sunrise) was favorably amended and passed the Florida House Criminal Justice Committee by a bipartisan vote of 12-1. The bill currently has 29 cosponsors and with the number growing.
According to NRA-ILA, “HB-89 is a bill to stop abusive prosecutors from using 10-20-LIFE to prosecute people who ‘threaten to use deadly force’ against an attacker as a means of self-defense and to stop an attack. Some anti-gun, anti-self-defense prosecutors have been abusing the 10-20-LIFE law to prosecute average citizens who displayed a weapon or gun in self-defense to make an attacker back off.”
“Average citizens who never would have been in the system if they had not been attacked and in fear for their own safety, are being prosecuted for defending themselves. Because citizens took responsibility for their own safety, some prosecutors treat them like criminals and make them victims of a judicial system that is no longer about justice but rather about the whim or politics of prosecutors. 10-20-LIFE was passed to be used against criminals who use guns in the commission or attempted commission of crimes — NOT average citizens who rightfully defend themselves against threats of force,” notes NRA-ILA.
Voting In Favor of HB-89 were Florida Representatives Matt Gaetz, Ray Pilon, Irving Slosberg, Randolph Bracy, Mike Clelland, Dane Eagle, James Grant, Gayle Harrell, Dave Hood, Travis Hudson, Dave Kerner and Charles Van Zant.
Kionne McGhee voted Against HB-89.
FOLLOWING IS THE TESTIMONY OF MARION P. HAMMER:
HB-89 by Rep. Neil Combee & Rep. Katie Edwards House Criminal Justice Committee Thursday, November 7, 2013 3:00pm – 8:00pm
Thank You Mr. Chairman and Committee Members. The NRA and Unified Sportsmen of Florida support the Proposed Committee Substitute.
The simple truth is the intent of the 10-20-Life law is being violated.
10-20-Life was intended to lock up criminals who use guns during the commission or attempted commission of a crime.
10-20-Life was designed to put criminals behind bars and keep them off our streets – and to stop plea bargaining and sentence reductions for gun wielding criminals.
It was designed to stop prosecutors and judges from slapping gun-toting criminals on the wrist so they could quickly clear cases.
Folks, I was here in 1999 when we passed 10-20-Life – and NRA was a part of helping pass the law. I know what was intended and why.
10-20-Life was never intended to be used against citizens who, in an act of self-defense, threatened the use of force to stop an attacker.
It was never intended to be used on citizens who, in fear for their own safety, threaten to use force to stop an attack.
Yet that’s how some prosecutors are using it. Depending on the seriousness of the threat, they’ll try to put you in prison for 10 years or 20 years for threatening to use deadly force to protect your own life or the lives of your loved ones.
So the message from those prosecutors seems to be, if you actually use force in self defense — the law protects you But threaten to use force in self-defense, and they’re going to put you in prison for 10-20 years.
That is the cold hard reality of how some prosecutors are treating law-abiding people who never would have been in the system if they had not been attacked and in fear for their own safety.
There are people sitting in prison today who should not be there – but they are because prosecutors abused their discretion and violated the intent of 10-20-Life. This bill will stop that. Please support it.
https://drrichswier.com/wp-content/uploads/stand-your-ground.jpeg480640Dr. Rich Swierhttp://drrich.wpengine.com/wp-content/uploads/logo_264x69.pngDr. Rich Swier2013-11-12 06:00:422013-12-10 06:53:49Florida HB-89 — “Threat of Force to Stop Attackers” Bill Passes