November 29, 2014

Gun statistics are irrelevant to the 2nd Amendment

640px-Weapons_confiscated_from_the_Kosovo_Liberation_Army_(1999)TAMPA, December 13, 2013 – The Washington Post is at it again. Days before the one year anniversary of the murders at Sandy Hook, the Post is running another piece asking readers “What’s your gun number? Share your gun story.”

Citing statistics is a central plank in the liberal war on private gun ownership. CNN host Piers Morgan began several televised “debates” with gun ownership proponents by asking them if they knew statistics on gun violence or gun-related deaths. It was partly just a ploy to try to catch his opponent without an answer and make him seem uninformed. Sometimes he was successful, sometimes not, but nobody gave him the right answer.

Statistics are irrelevant to the 2nd Amendment.

The 2nd Amendment protects each individual’s right to keep and bear arms. Even the Supreme Court agrees, its abysmal record protecting individual rights notwithstanding. An individual’s right cannot be infringed as a result of what someone else did. It can only be infringed as a result of what that individual did. That’s why we don’t choose people at random for prosecution when a robbery is committed. An investigation is made to determine the specific individual who committed the crime, so he or she can be tried and sentenced.

Read the rest of the article at Communities@ Washington Times…

Zimmerman trial could further damage the Bill of Rights

TAMPA, July 16, 2013 – For over a year, we’ve heard that the George Zimmerman case is significant as a barometer of equal protection under the law for blacks. Some argued that the delay in charging George Zimmerman with murder was due to racial bias in the justice system. A “white man” is less likely to be prosecuted for killing a black man than if the races of the killer or victim were different.

The problem is that there is zero proof in this case of any of that. Prosecutors initially decided not to press charges because they didn’t have a case. The only account of the confrontation that led to Trayvon Martin’s death is Zimmerman’s. There are no witnesses to refute it. The call to the non-emergency police dispatcher does not provide any proof that Zimmerman “pursued or confronted” Martin after being told by the dispatcher “we don’t need you to do that,” despite widespread media misinformation to that effect.

Setting aside credibility issues with Rachel Jeantel’s testimony, even her account provides no evidence refuting Zimmerman’s account of how he and Martin ended up face to face.

This case does not represent racial bias in the system. The real danger inherent in this case is the danger to all of us, of all races, if due process protections in the Bill of Rights are eroded further.

The War on Terror has already gutted the 4th, 5th and 6th Amendments. The requirements that the government have probable cause before searching us or our communications, that its warrants are specific to the places to be searched and items to be seized, that no one be imprisoned unless indicted by a Grand Jury are part of what defines the United States as “a free country.”

However well-intentioned, the Patriot Act, 2012 NDAA, and the NSA surveillance programs have virtually nullified those basic protections of individual freedom.

Now, good intentions on ensuring equal protection under the law for all races could lead to further attacks on the right to trial by jury, the prohibition on double jeopardy and the presumption of innocence, the first two explicit and the last implicit in the Bill of Rights.

Read the rest of the article at Communities@ Washington Times…

Why conservatives lost the gun control debate

TAMPA, March 18, 2013 – Conservatives believe they’ve won the gun control debate because they expect any new restrictions on gun ownership to be relatively minor. That doesn’t really jibe with their position that gun ownership was already too restricted before the Sandy Hook shootings, but that is the way things go in America. Both sides declare victory, the government gets a little bigger and more intrusive, and the next debate starts from there.

The underlying problem is that neither conservatives nor liberals truly believe in inherent, inalienable rights. Americans think conservatives do, but that doesn’t jibe with any of their arguments on gun control (or anything else). Conservatives believe that rights come from the government or long tradition, not from nature.

No one who believes that the right to defend one’s own life is inherent and inalienable would rely so heavily on the existence of the 2nd Amendment. The right to keep and bear arms exists regardless of whether there ever was a 2ndAmendment to the U.S. Constitution. It exists regardless of the American Revolution or the 800 or so years of British tradition that preceded it.

Read the rest of the article at Liberty Pulse…

The cops are a dangerous replacement for private gun ownership

TAMPA, February 11, 2013 – It would be the hilarious stuff of satire or black comedy if it were fiction, but it involves real people and it’s tragic.

Police officers in pursuit of one of their own gone bad shot 71-year-old Emma Hernandez in the back after opening fire on her newspaper delivery truck. Hernandez’s daughter, 47-year-old Margie Carranza, sustained a hand injury. Police apparently mistook Hernandez’s blue Toyota Tacoma for murder suspect Christopher Dorner’s dark-gray Nissan Titan. The two women were not warned or ordered to stop before the shooting.

“No command, no instruction, no warning. They just opened fire on them,” said Glen Jonas, who is representing Emma Hernandez, 71, and Margie Carranza, 47, in possible legal action against the Los Angeles Police Department.

These are the “public servants” that we are supposed to rely on to defend us against violent crime after we surrender our natural right to keep and bear arms. That obviously begs the question, “Who is going to protect us from the public servants?”

These are by no means the only circumstances in which you have good reason to fear the police.

In the fantasyland inhabited by gun control advocates, the use of firearms is delegated to police, who somehow defend innocent victims against violent criminals even in absentia. The victim need only dial 911 and the police will “respond within minutes.”

This is so preposterous that the effort shouldn’t be necessary, but let’s walk through the thought experiment nonetheless. Three criminals break into your home. They may be armed with guns, knives, or just superior strength and numbers. You have no firearms, so you dial 911.

Assuming that your attackers stand motionless for the “minutes” it takes the police to get there, they are thwarted just before killing or maiming you by police who burst through the door and dispatch them with pinpoint accuracy, perhaps even shooting a perpetrator who is holding a gun to your head. Those not killed by the police drop their weapons and surrender. You live happily ever after.

That might play well on a movie screen, but out here in the real world, exactly the opposite will likely occur.

First, even if the cops “respond within minutes,” it’s too late. They responded within minutes at Sandy Hook. They responded within minutes in Aurora, Colorado. Ten minutes is too long. Two minutes is too long. If you are unarmed, two minutes after you are attacked by a violent criminal, you’re dead.

Do the math.

If the cops do arrive at your home or place where you are attacked before you’ve been killed, your problems might just be beginning. As Will Grigg reminds us, the first priority for police responding to a 911 call is “officer safety.” More often than not, the officer attempts to secure his or her own safety at the expense of yours.

Charlie Mitchener learned this the hard way when he called 911 to report a break-in at his office. When the police officer arrived on the scene, Mr. Mitchener dutifully informed her that he had a firearms permit and was carrying a firearm. The officer responded by handcuffing and disarming him, to make certain “we were all safe.”

Read the rest of the article at Communities@ Washington Times…

Disarm the police, not the citizens

TAMPA, February 7, 2013 ― First, the good news. The five-year-old boy kidnapped by a deranged man in Alabama has been rescued unharmed. He is with his family and reportedly “seems to be acting normally.”

The bad news is that some media seem to be using this incident to justify the ongoing militarization of domestic police forces.

“Military tactics, equipment helped authorities end Alabama hostage standoff,” reads today’s Fox News headline. The article describes how law enforcement responded to the hostage situation with what has become the new normal in the former land of the free. They mobilized paramilitary forces to deal with the situation just as an occupying army would deal with “counterinsurgency.”

According to the article, “In many ways, the scene resembled more of a wartime situation than a domestic crime scene as civilian law enforcement relied heavily on military tactics and equipment to end the six-day ordeal.”

Yes, every response by law enforcement seems to resemble a wartime situation these days, something one would think that Americans would be concerned about. Yet, for a nation that was born with a suspicion of standing armies and that wouldn’t tolerate the existence of one during peacetime, virtually no one objects to the increasingly aggressive tactics of local, state and federal police, often acting jointly to address routine local crimes.

One can already imagine the response by apologists for the all-powerful state. “If that’s what it takes to keep our children safe, then it’s worth it.”

It’s hard not to assume that the author of the article intends for the reader to draw that preposterous inference. It supposes a cause and effect relationship between the militarization of domestic police and the rescue of the child that does not exist.

Read the rest of the article at Communities@ Washington Times…

Obama outmaneuvers Republicans again on gun control

TAMPA, January 20, 2013 — One day before his second inauguration ceremony, President Obama has plenty of reasons to smile. Despite a persistently weak economy, he was reelected by a comfortable margin in November and then completely outmaneuvered his Republican opponents in the tax hike standoff. That ended with Republicans breaking a decades-old pledge never to raise taxes.

Following the usual calls for more gun control following a widely publicized shooting, it looks as if Obama has outmaneuvered the GOP again. After appointing Vice President Joe Biden to head a gun violence task force, Obama made an ominous-sounding statement.

“Well, my understanding is the Vice President is going to provide a range of steps that we can take to reduce gun violence. Some of them will require legislation. Some of them I can accomplish through executive action. And so I’ll be reviewing those today. And as I said, I’ll speak in more detail to what we’re going to go ahead and propose later in the week.”

The Republican response was predictable. Cries of constitutional crisis and calls for impeachment exploded from Republican politicians and conservative-leaning media.

Whether because of the Republican reaction or by design, Obama’s executive orders were remarkably uncontroversial. Despite rumors that the president had written 23 new executive orders restricting gun ownership, Obama actually didn’t write any. Instead, he wrote 3 “presidential memoranda” directing existing federal agencies to do a better job at what they are already doing.

This leaves Republicans who yelled “impeachment” before even hearing what the president proposed looking like “extremists” again, not to mention somewhat silly. It sets up the Democrats perfectly for the upcoming congressional fight over new gun legislation. Republicans will be under pressure to compromise to undo the political damage done by this latest gaffe.

There are certainly constitutional arguments against Obama’s actions, but Republicans are in no position to make them. Strict constitutionalists have long argued that the mere existence of agencies like the ATF and the CDC is unconstitutional, but the Republican Party, which created one and greatly expanded the other, has no grounds upon which to make this argument.

Those few GOP legislators who can do so with any credibility, like Senator Rand Paul or Rep. Justin Amash, are considered outsiders by the party elite.

There is a fundamental problem here that the GOP has to resolve if it does not wish to fade into irrelevance. It has to define some fundamental philosophical differences between it and the Democratic Party. Despite rhetoric about small government and free markets, there just isn’t any meat on the GOP bones for opponents of the Democratic Party to sink their teeth into.

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Even convicted felons have a right to bear arms

TAMPA, January 11, 2013 ― Supposedly, a philosophical debate is going on between “right and left” over the natural right to keep and bear arms. As usual, both sides are wrong.

The right to keep and bear arms is inseparable from the right to life. Here in the real world, arming oneself is the only practical way to exercise the right to life, which is properly defined as the right not to be killed by another human being.

Banning guns removes an individual’s ability to exercise the right to life. It places his life at the discretion of anyone who would take it away. Life is no longer a right, but a privilege, exercised at the discretion of criminals. Sometimes, the criminals wear government costumes.

When is this ever justified?

The only reasonable answer would be when an individual has wrongfully taken the life of another person. Even then there is room for an argument. If manslaughter does not carry a lifetime prison sentence, why does the perpetrator permanently surrender his right to life?

There is no justification for prohibiting gun ownership for virtually any other crime. Perhaps egregious assaults or child molestation also qualify, but that is still a tiny percentage of the population.

Even conservatives cast the net far wider. Standard conservative talking points go something like this. “We defend the 2nd Amendment rights of law abiding citizens who are not mentally ill to keep and bear arms.”

Virtually every word of this statement is wrong. And this is the “pro-gun” side.

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Every law is a threat of violence

TAMPA, December 29, 2012 – The new U.S. Congress will convene on January 3rd with two high profile issues to consider. There is zero chance that they will get either one of them right. The debates on both are already framed into a lose-lose proposition for the American people, as are virtually all “debates” on Capitol Hill.

One issue is “How should the right to keep and bear arms be further infringed?” The other is “How much less of their own money should Americans be allowed to keep?”

With a more enlightened populace, there is always some chance that pressure on the legislators could produce a more positive result. However, the gullible American public has already taken the bait that “something must be done” on both issues. “Something” means Congress passing a law, which means the perceived problem will be solved with violence.

Every law is a threat of violence. Americans used to understand that. In their present condition, they are aware of little beyond football on Sunday and Dancing with the Stars during the week. Fat, progressive and stupid is no way to go through life, son.

Government itself is an institution of violence. That’s not an opinion. That’s what it is. That’s all it is. Governments are constituted for the express purpose of pooling the capacity for violence of every member of the community.

Every law promulgates human behavior that is mandated under the threat of violence. It either prohibits certain activity or requires certain activity. Failure to behave as the law proscribes results in violence against the transgressor. He is kidnapped at best, killed resisting at worst.

Putting aside the question of whether this power should ever be invested in a regional monopoly, every society must first answer the question of whether this power should be exercised by anyone at all. Is violence ever justified?

In a free society, there is only one circumstance under which it is. Violence is only justified as a reaction to aggression committed in the past. Murder, assault, and theft are all examples. These justify the use of force against the perpetrator. Consider this statement.

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The Newtown tragedy should not prompt a “national discussion”

TAMPA, Fl, December 26, 2012 ― Perhaps 21st century Americans are not worthy of liberty. Reason is a prequalification of liberty, and Americans don’t demonstrate the ability to exercise it at all, at least not in a political context. It may be time to admit that a century of “progressive” education has transformed Americans into a herd of dependent, unthinking sheep.

Any person capable of even the most elementary reasoning would immediately conclude that not only shouldn’t the Newtown tragedy prompt a national discussion, but that there is no such thing as a “national discussion” in the first place.

Do Americans really believe that the 300 million people occupying this nation are actually participating in a discussion?

During the Republican primaries, presidential candidate Newt Gingrich often referred to “having a conversation with the country.” I assumed that I was not alone in rolling my eyes. Any lucid person would assume that Gingrich was either delusional, insincere or both to even suggest that any “conversation” he could participate in actually involved the wishes or interests of every individual in the country.

If most Americans believe there is a “national conversation” going on about guns, a reason to have one or even the possibility that one could be had, we’re in deep trouble. This is all just a well-orchestrated show to herd Americans to a place where they will accept being disarmed without raising too much fuss.

The debate is already framed. “Something must be done.” Now “we’re” just bickering about what that will be.

Think for a moment how idiotic this is. It is suggested that we pass a law that affects 300 million people because of the actions of a solitary lunatic. It’s happened before? So what? You could fit every person that has committed a similar crime during the past fifty years into the kitchen of a Greenwich Village apartment. Somehow we’re to believe that the actions of these few have some relevance to the rights of hundreds of millions.

The math doesn’t work.

Yet, this is only a secondary and utilitarian argument for rejecting gun control. The most important is that keeping and bearing whatever arms one wishes is a right, not a privilege. It is not granted by the 2nd Amendment. That amendment merely attempts to ensure that the right it refers to is not violated by the government.

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Feinstein’s assault weapons ban would abolish the 2nd Amendment

TAMPA, December 18, 2012 –U.S. Senator Dianne Feinstein has vowed to introduce a bill to ban assault weapons nationwide, similar to existing legislation in California. In doing so, she will effectively abolish yet another of the first ten amendments to the Constitution.

To many, Feinstein’s argument might sound very reasonable. She isn’t looking to ban all guns. “The purpose of this bill is to get just what Mayor Bloomberg said, weapons of war off the streets of our cities,” the senator told Meet the Press.

Having weapons of war on the streets is the whole point of the 2nd Amendment. The amendment wasn’t drafted to ensure that Americans could hunt. It wasn’t drafted so that Americans could protect themselves, although the natural right to defend one’s life was never as compromised as it is in the modern gun control era.

Like most of the amendments in the Bill of Rights, the 2nd Amendment was drafted to prevent an abuse of power that American colonists had suffered under the British. The 4th Amendment was passed with Writs of Assistance in mind. Lexington and Concord inspired the 2nd.

The left loves to reduce the American Revolution to one issue: taxation without representation. That works for well for their agenda, because they can then say, “Well, you’re represented, so now we can tax the living daylights out of you.”

It wasn’t that simple, of course. There were many long term and short term causes for the American secession from Great Britain. But the straw that broke the camel’s back, the most immediate cause for armed resistance, was the British attempt to disarm the colonists.

That’s why the British marched to Concord. That’s the only reason the colonists cared where they were marching.

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