Tag Archives: rights

Open Letter to American Handgunner

Dear Editor, American Handgunner

Contrary to Alan Korwin, [American Handgunner, July/August 2020] Thomas Jefferson got it right. When I taught government, I explained to students the Declaration represented the accumulated political and religious wisdom and philosophy relevant to the American cause. It was a religious, not secular Libertarian document. For centuries, monarchs and emperors had employed Romans 13: 1-2 as justification for the notion of an unquestioned Divine Right to rule. Through the Declaration, the Founding Fathers established the principle rights are G-d-given, rather than privileges dependent on royal prerogatives. Rights are inalienable due to their divine origin and not dependent on one’s title or the force he commands. No people before had established their own government instead of the other way around. It should be common sense the Founders knew rights to life, liberty, and the pursuit of happiness were not extant. Inalienable rights are those which government cannot separate from people. As long as one person still draws breath, these rights exist. By declaring rights inalienable, Jefferson established the ultimate goal for which nations should strive. In naming those rights, he established a template by which Americans specifically, and nations as a whole, could judge their progress toward that goal. Jefferson knew future generations would hold the Declaration up to determine their progress on that journey. Reverend Dr. Martin Luther King Jr. “got it” when, in 1963, he declared at the Lincoln Memorial, people of color had come to collect on the Declaration’s promissory note of inalienable rights. It is too bad Alan Korwin doesn’t get it.

 

Yitzhak Goldstein

 

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Is History Going To Repeat?

Yom HaZikaron, Yom HaShoah, Holocaust remembrance day was April 20th, one day after the 77th anniversary of the Warsaw ghetto uprising on April 19th. I’ve got a few random thoughts this year.

The Warsaw Ghetto uprising actually had 3 different resistance groups that were fighting. Most know of ZOB with Mordechai Anielewicz, The Jewish Fighting Organization. Less well known was the communists and Bund also fought against the nazis, and the other group was right wing, the Zionist youth movement “Beitar” the “Jewish Military Union” (ZZW). Beitar sound familiar? It was established by Zev Jabostinsky. My puppy’s middle name is Zev, that’s appropriate as it means “wolf”. Most of the fighters were younger, and I’m guessing had seen their families hauled off and knew what was coming.

The Wuhan flu Zoo

Locked in a ghetto and told they aren’t allowed to leave without a permission slip. Possibly like the one I’m carrying in my purse along with my name badge which will get me through road blocks should the be instituted. I shamelessly swiped this from a friend of mine, who also apparently likes Mark Levin

How far are you willing to go with this?

If they told you to load your families onto train cars so that you could be taken to Virus Protection Facilities for your own safety, would you do it?

YES. Yes, you would. That much has become painfully obvious to me. And the whole time, you’d be shaking your finger and yelling at those of us who refused, accusing us of being “a danger to society” and “not caring if people die.”

But they don’t have to load you onto train cars and take you to Virus Protection Facilities or force you to comply, because you do that voluntarily. They control your mind. They control you through fear. They control you by convincing you that the world is a scary dangerous place, but they’re here to protect you, care for you, and keep you safe, just as long as you OBEY.

They know that as long as you’re locked inside your comfortable home with Netflix, Hulu, Facebook, Twitter, Instagram, and a cell phone while dangling a $1200 check in front of you like a carrot on a stick, you’ll comply. No force is necessary for the majority of the herd.

YOU ARE IMPRISONED, willingly, and you’re too blind to see it.

By Mark Levin

Our country has been locked down, and I think there are some lessons worth mulling over. Parents are being hauled off in handcuffs in front of their children because they took them to a park. A public park. I’ve covered some of these abuses in other columns. I’m guessing you know by now that while I do believe the virus is absolutely real, I also believe the reaction has been way overblown.

Corona worries?

Better safe than sorry? For whom? The 22 million people now out of work? The business owners that have lost or are losing a business because of what Doctors Fauci and Birx have urged? Honestly I have no idea why anyone would ever start a business now knowing it can be yanked away and your life’s work and savings down the drain at the whim of a government. Their employees that now may well face losing their homes and struggle with trying to support their families all the while the government is forcing farmers to dump milk, eggs and vegetables. I’m pretty sure the food banks could use them about now. Food like knowledge, is power. What will people do to feed their hungry children? Government is seizing power, no doubt. Some governors like the governor of South Dakota and Wyoming pretty much left their states open while others like the governor of Michigan took the power given by the federal government and then became a tin pot despot. What happened after that disturbs me even more. When people protested, she threatened them for speaking out by saying she might extend the lock down. Free speech not permitted. Along with freedom to assemble or to worship.

The following videos make several points, but the reason I’m putting them in are those listed above. This is going on all over the world. I have to tell you when I heard those German voices yelling “Ack-TUNG” and hauling people away I got nauseated. Beating people, using tear gas on them, explain to me how this keeps them safe? I mean, that’s what this is suppose to be about right? Saving lives from the Wuhan flu? Another friend of mine wrote this is response to something I had posted on facebook.

“When the State tells you it’s safe to go to Home Depot to buy a sponge but dangerous to go and buy a flower, it’s not about your health.

When the State shuts down millions of private businesses but doesn’t lay off a single government employee, it’s not about your health.

When the State bans dentists because it’s unsafe, but deems abortion visits are safe, it’s not about your health.

When the State prevents you from buying cucumber seeds because it’s dangerous, but allows in-person lottery ticket sales, it’s not about your health.

When the State tells you it’s dangerous to go golf alone, fish alone or be in a motorboat alone, but the Governor can get his stage make up done, and hair done for 5 TV appearances a week, it’s not about your health.

When the state puts you IN a jail cell for walking in a park with your child because it’s too dangerous but lets criminals OUT of jail cells for their health- It’s not about YOUR health!

When the state tells you it’s too dangerous to get treated by a doctor of chiropractic or physical therapy treatments yet deems a liquor store essential- It’s not about your health!

When the State lets you go to the grocery store or hardware store but is demanding mail-in voting, IT’S NOT ABOUT YOUR HEALTH.

WAKE UP PEOPLE — If you think this is all about your health you’re mistaken! Please open your eyes! Stop being lead like blind sheep.

I should probably mention this was originally one video, YouTube censored it and someone else put it up in three parts, so hopefully you can still see it.

And these protests to open the states back up are going on all over the country. Who decides the value of a life? I take death very seriously. When people get towards the end of life, one of the things one often does is to give an “Advance Directive” meaning they state what they consider to be an acceptable quality of life, and if something medically happens they can not do those things they do not want heroic measures done to save them. Quality of life counts. At what point do we begin to care about the 22 million that have been forced out of work due to flawed models designed by a man who has yet to get one right.

Wuhan Flu we will survive, but this government seizure of power? When has government ever handed back power once it’s been seized? Your rights are suspended. I keep hearing that line from the video. How much further will it go? Who knows. Just like the left are hypocrites about guns denying citizens the right to defend themselves and their families all the while having armed guards they are out of touch with the pain the lock down is causing. Yes, I know it’s a Trump ad, but it still sums it up really well.

And the new paradigm is set. Had a Democrat been president, I shudder because Democrats are communist now. Power and control, never enough. What will happen the next time there is a “crisis” be it in the fall or next year? I heard another great video from a politician named Paul Curtman who has written a couple of books Don’t Tread On Me and Don’t Tread On Me! The Constitution and State Soverneignty. Paul’s video was talking about the role of government. He said people have the misconception the role of government is to keep your safe. It is not, the proper role of government is to keep you free. And while you chew that over, I will give you the Partisans Song, because I honor those that resisted and fought against the tyranny.

וגם בעברית

In his most recent radio program Phantom Nation, host Sha’i ben-Tekoa talked about how some criticize and look down on the Jews in Germany who didn’t fight back. But he asked the question if you have a young man of 20, who has a wife and maybe a couple of kids what realistically could he have done when they heard that forceful knock on the door at midnight and opened it to find 5 nazis with guns at the ready?

The best answer I can give is to not let things get to that point. To recognize the signs, see people clearly, especially politicians and vote accordingly. We can still vote in this country perhaps. Some of the actions are familiar from the past, but is history going to repeat?

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Is the Right to Keep and Bear Arms Dependent On Militia Membership? Part 1

The entertaining Greta

My opposition to Red-Flag laws has been steadfast countenancing no exceptions. Until now. Liberal Time Magazine’s Girl, er um “Person”1 of the Year’s trembling quivering rage-filled Greta Thunberg, who should be starring in H. P. Lovecraft inspired movies, could be that one exception. Ghostwriters and Handlers, please, do not allow Greta near sharp objects or anything that goes bang. Perhaps parents should be scheduling counseling sessions rather than enabling Greta’s delusions of imminent human extinction. Scandinavia once gave the world Vikings. What happened?2

From the Great Depression, mass starvation, to man-created global warming, the Left needs crises with which to menace people. Only through scare tactics terrifying the masses can they evoke reaction based on emotion rather than reason. People who have lost their minds seldom make good decisions. Since the Second World War, the Left, either through ideological compatibility or supreme naïveté, has promoted notions the way to deal with adversarial nations (Communist dictatorships) and people is through non-violent appeasement. Leftists are moral relativists rejecting concepts of good and evil. Therefore global and personal conflicts result from misunderstandings not malevolent intentions. Because people have “issues”, not problems, conflicts can be resolved without anyone having to accept blame or facing consequences. All Stalin needed was a couch, a good listener, and a hug. Today, if the puny underweight wretched victim of bullying stands up to his tormentors, school administrators suspend him along with the thugs. Through its evangelists teaching in public schools, the Left has indoctrinated Americans to reject notions of self-reliance and taking responsibility for their own safety. Lockdowns, shelter-in-place, hide under your desk or in your home…Hence, they grow up to despise the Second Amendment. They are aghast at the idea citizens can own guns and decide when and where to use them in self-defense. Appearing on Fox’s Martha MacCallum Show in response to the Fort Worth Texas church shooting, Democrat strategist Doug Schoen argued people are not competent to carry guns for personal defense. This he added, should be left to the police who, coincidentally, were not there.3 The Left hates the Second Amendment for two reasons; first, it exposes their unwillingness to stand up to bullies and criminals whether on American streets or as heads of State. Think, Justin Trudeau. Second, it is an obstacle to the Great Project.

Whether taking the name Liberal, Socialist, Progressive, Central Planner, Democratic-Socialist, and so forth, Statists are determined to dismantle the Second Amendment either through abolition or redefining it out of existence. Until accomplished, it remains the single greatest impediment to The Project begun by 19th century American Progressives and European Socialists. Its central imperative is to bend the will of the individual completely to the volition of the State to plan, control, and regulate every aspect of human existence. And, the Left is the State. Because altering the Constitution has proven un-doable, the Left has chosen to redefine the Second Amendment as they did the Commerce, General Welfare, Necessary and Proper, and Supremacy clauses until they mean the opposite of their intent. For example they claim owning firearms is dependent upon membership in a federal (Army, Air Force, Navy, Marines) or State (“National” sic Guard) standing army. This claim could not be more wrong.4

Proponents and enemies of the Bill of Rights have debated the Founders’ meaning of “militia” ad nauseam. Rehashing it here would seem superfluous. That is, if its enemies were not using mass media, popular culture, and public dis-education to peddle lies conjoined with an American public too intellectually lazy to read and think for itself. As a recovering public school teacher, I can attest to the pervasiveness of this mental lassitude.

Mises Institute’s Ryan McMaken writes that the Founders’ idea of a militia was not one comprised of “unorganized amateurs”, called up by local authorities, to address insurrection or invasion. Instead, it was to consist of men between a certain age range, proficient in arms, possessing some degree of training in military discipline and tactics, a system of choosing officers, subject to call up by State or local authorities, and under civilian control.5 McMaken’s conclusion is problematic. In the 1740s, the French, perennially at war with England, established a large fort at Louisbourg near Cape Breton, Nova Scotia. From there the French threatened New England with invasion and provided safe haven for pirates and “cruisers” who raided its fishing villages and naval commerce. Finding the British unwilling to act, in 1744 New England raised an army of unorganized amateurs including commoners, farmers, merchants, fishermen, and so forth. With little or no experience, these New England boys executed a successful amphibious landing under difficult conditions, besieged the fort for three months, and forced the French to surrender.6 During the French and Indian War, the British could not have defeated the French without the assistance of colonial militia troops, amateur soldiers who fought as local units under American command.7

On 1 October 1768, in a lead up to what became the War of Independence, Britain dispatched 700 troops led by General Thomas Gage from Halifax, Nova Scotia to Boston. His orders were to suppress resistance to British commerce, trading, and tax laws.8 A month later (8 November 1768), King George III declared Bostonians to be in rebellion against English law and government. British political and military leaders drew up plans to subdue the insurrection.9 They employed their standard method of subjugation; round up, jail, and execute the rebellion’s leaders and door-to-door searches for arms and munitions in private hands. Colonials often stored gunpowder in storehouses outside of town due to its volatility. In order to prevent the Red Coats from seizing it, locals formed militias to guard them. In Virginia, Patrick Henry led the Hanover Independent Militia Company comprised of armed locals independent of the Governor’s control. They comprised the nucleus of resistance against British forces. Other colonies replicated this strategy.10

In 1774, British soldiers marched from Boston into the countryside to seize colonial supplies of gunpowder and weapons in Charlestown, Cambridge, Medford, and Salem. Forty thousand militiamen met the British, called “Bloody Lobsterbacks”, by locals, at Charlestown. These amateurs drove them back to Boston without firing a shot.11 British confiscation of private arms led to the “shot heard round the world”, the British march on Concord and Lexington, Massachusetts, to seize arms.12 Among the militiamen awaiting the British attack were farmers, craftsmen, mechanics, gentlemen, laborers, slaves, dairy farmers, and veterans of the French Indian War. Americans gave as good as they got forcing the British back to Boston.13

McMaken contends, “Gun Rights advocates fixate” on the latter part of the Second Amendment, “The people having a right to keep and bear arms shall not be infringed” as the rationale for private ownership of arms separate from militia membership. He asserts the Second Amendment’s purpose was to guarantee that States “would be free to raise and train their own militias as a defense against federal power and as a means of keeping defensive military force available to Americans while remaining outside the direct control of the federal government”.14 He is correct state militias are supposed to be outside federal control but his assertion the militia is the primary focus of the Second Amendment is incorrect. The Second Amendment clearly contains two independent parts that framers could have fashioned into separate amendments. In fairness to McMaken, his purpose was to demonstrate State Militias are to be independent of federal control and that the so-called “National” (sic) Guard is a standing army and a gross violation of the Constitution.

Drafters wrote definitions of a militia into State Declarations of Rights and later into the federal and State Constitutions from 1791 on. They typically refer to “the mass of ordinary citizens, trained to arms” who would be available for call-up by State or local authorities, and to which was often appended an age range for those subject to service. Founding Fathers from Patrick Henry, George Mason, John Adams to Thomas Jefferson made clear the purpose of the Second Amendment was “that every man” be armed.15 Was this not so that the people would be equipped for militia service if needed? True but only in part. The Founders clearly saw that as an auxiliary advantage. However, the stress was that all men possess the right to keep and bear arms and government in no way have the power to infringe on this right or disarm the people. During debates over ratification of the proposed Constitution (1788) at the Virginia Convention, Patrick Henry declared, “The great object is that every man be armed…Everyone who is able may have a gun”. Zachariah Johnson added, “The new Constitution could never result in religious or other oppression because ‘the people are not to be disarmed of their weapons”. Not militias, people. At the Massachusetts’ ratifying convention, Samuel Adams stated, “That the said Constitution 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”.16 Again, these rights, freedom of speech, religion, and arms belong to individuals, not states or any other form of organized political entity including militias.

Many States, including Arkansas, Colorado, Missouri, and others specifically state people have an individual right to keep and bear arms and it is not tied to membership in a militia, military, or any form of security force.17 The Founders knew Americans opposed standing peacetime armies (as we have today) and that States were reluctant to cede any of their sovereignty to this new untried federal system of government. They also knew government, like an irresistible force of nature, attracts to it men of ambition, those craving power, and men with no moral scruples. Therefore, they added the militia phrase. States would retain the means to resist federal usurpations of their power and infringement against the liberties of people. Under the proposed Constitution, the federal government, facing a national emergency such as invasion or insurrection, could request the states call up their militias. Governors would send them to federal authorities who in turn would arm, equip, and organize them into a standing army. The States would retain the right to choose officers commanding their militia units. Once the crisis was resolved, militiamen would return to their respective states and mustered out of service. Constitution or not, efforts to “federalize” (actually, “nationalize”) State militias placing them under presidential control began almost at once just as so-called Anti-Federalists had warned.18 The individual right to possess arms was always a separate issue.

English philosopher John Locke’s Treatises On Government were widely read (1689) in the colonies. He argued man had a “natural” (G-D given) right to life, liberty, and property. Inherent in each is the right to the means of defending it.19 Under the supervision of Benjamin Franklin, John Adams, Robert Livingston, and Roger Sherman, Thomas Jefferson wrote the Declaration of Independence.20 Drawing on many widely held philosophical and theological roots; Jefferson wrote that all rights are individual and a gift from G-D. Among them are the right to life, liberty, and the pursuit of happiness (property, wages, and the fruits of one’s labor). Rights imputed by Divinity are inherent in the nature of each individual’s humanity. People are born already possessing these rights. A right to life presupposes a right to the means of defending it.21

The Second Amendment employs the words “right” and “shall not be infringed demonstrating it refers to “a right that is already assumed to exist” (which comports with the Declaration). It does not say, “The people shall have a right to keep and bear arms.” The amendment recognizes but does not grant the right” [emphasis in the original].22 Requirements to join the military, a militia, or engage in a government specified activity in order exercise a right would negate that right. Any regulation, red tape, or hoops one must jump through before accessing a right is a gross infringement and, again, negates it as a right. Governments can in no way qualify a right. No vote by a majority of one’s neighbors to limit a right in any way is legitimate. In addition, people cannot through constitutions or laws, “agree to an infringement on their rights”.23 This is because of the inherency of rights. Only Divinity can alter or abolish rights divinely created. So why does the Second Amendment continue to confound people?

George Mason’s proposed draft of the amendment read, “That the people have a right to keep and bear arms; that a well regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defense of a free state”.24 Madison’s version read, “The right of the people to keep and bear arms shall not be infringed; a well armed and well-regulated militia being the best security to a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person”.25 Madison, like Mason and other Founders, wanted it understood that the right to keep and bear arms is an individual right separate from membership in any form of militia. For example, those objecting to military service on religious grounds, still possessed the right to keep and bear arms. This would not be true had the right been dependent on being in a militia. Madison’s intent “is clear not only from his wording, but also from his notes for his speech proposing the amendment”. He states it pertains to an individual right which his “colleagues clearly understood the proposal to be protective of individual rights”. Massachusetts delegate Fisher Ames wrote that among other rights, that of bearing arms “to be inherent in the people”. Writing under the name “A Pennsylvanian” in the Philadelphia Federal Gazette, Madison’s friend Tench Coxe argued that the delegates wrote the Second Amendment to “guarantee the right of the people to have ‘their private arms’ to prevent tyranny and to overpower an abusive standing army or select militia”. Madison read Coxe’s articles and agreed, the amendment pertained to an individual right.26

So much, did the Founders write about the Second Amendment; its meaning is beyond question. These documents and writings are available to anyone. On what basis can opponents of an individual right interpretation justify their position? Simple. The truth is unimportant. Only the Great Project matters. All narratives, including history, must be made to fit and support it. Like a starfish turning a clamshell over searching for a vulnerability by which to penetrate its defenses, so too do enemies of the Bill of Rights search for weaknesses. They find it in contemporary American’s unfamiliarity with grammatical construction.

It is important to keep in mind, of the Bill of Rights none refers to “States having rights”. Each refers to a right of the people. These are individual rights. To argue the Second Amendment applies only to members of a military organization turns it into a State not individual right. We have clearly seen that was not the Founder’s intention. If the Founders had intended military or militia membership dependency in order to own or possess arms, “Why would they say, ‘the right of the people to keep and bear arms shall not be infringed”? Madison and those who shaped the amendment’s wording “chose to put the militia reference into a dependent phrase” choosing “the weakest possible construction by using the participle (word formed from a verb) ‘being’ instead of writing say, ‘Since a well regulated militia is necessary…” The militia wording’s weak form demonstrates its framers listed it as a right of states. “The main independent clause” of the amendment reads, “The people’s right to have guns ‘shall not be infringed”.27

An independent clause is a stand-alone sentence dependent on nothing. The militia part of the Second Amendment forms a dependent phrase. It cannot stand alone by itself containing a subject, verb, and complete thought. Therefore, it is secondary in importance to the main independent clause. The words; “A well-regulated militia being necessary to the security of a free state” would mean what by itself? The words; “The right of the people to keep and bear arms shall not be infringed” would mean what without the first part of the amendment? People have a right to keep and bear arms. By reversing this order, the amendment’s drafters made emphatic that the independent clause was its most important part. “The Founders correctly intuited that in a bill of rights (list), the last thing the reader should have ringing in his mind’s ear is the absolute prohibition on infringement of the natural right to own guns”.28

If the Bill of Right’s enemies read America’s founding documents and writings, they know the truth. None of that matters. What does matter to them is total disarmament of American citizens. The Great Project cannot culminate until that happens. Toward that goal, the end always justifies the means.

11 Unlike men and women since the dawn of time, those on the Left are stymied when it comes to determining their sex, of which, there are but the two aforementioned options.

22 As with the Marjory Stoned Man Douglass high school “useful idiots,” Emma Gonzalez, Cameron Kasky, David Hogg, et al, the Left cowardly uses kids as stooge props, their youth supposedly giving them and their terribly immature and uninformed rantings an unassailable immunity against critique. Isn’t this what Muslim terrorists do, hide behind children?

33 Martha MacCallum Show, FOX News, 31 December 2019.

44 Sheldon Richman, “Reading the Second Amendment”, The Freeman 2 (February 1998), 112.

55 Ryan McMaken, Mises Institute, 22 August 2018, “Why We Can’t Ignore The ‘Militia’ Clause Of The Second Amendment”, Mises Institute, at https://mises.org/wire/why-we-cant-ignore-militia-clause-second-amendment/

66 Marvin Olasky, Fighting For Liberty And Virtue: Political and Cultural Wars in Eighteenth Century America (Wheaton, Illinois, Crossway Books, A Division of Good News Publishers, 1995), 93.

77 IBID. 97-98, 102-105, 107, 109.

88 Stephen Halbrook, The Founder’s Second Amendment (Chicago, Illinois, Ivan R. Dee Publisher, 2008), 13.

99 IBID. 17-19.

1010 Halbrook, 104-105.

1111 Willard Sterne Randall, Ethan Allen: His Life And Times (New York, N.Y., W. W. Norton & Company, 2011), 8.

1212 Robert Middlekauff, The Glorious Cause, The American Revolution 1763-1789 (New York, N.Y. Oxford University Press, 2005), 272-274.

1313 Randall, 8, Halbrook, 76-79.

1414 McMaken.

1515 IBID.

1616 Stephen Halbrook, That Every Man Be Armed: The Evolution of a Constitutional Right (Albuquerque, New Mexico, University of New Mexico Press, 1984), 73-75.

1717 McMaken.

1818 Edwin Meese III, Matthew Spalding, and David Forte, The Heritage Guide to the Constitution, (Washington, D.C., Regnery Publishing, Inc., 2005), 139-143.

1919 Gary A. Shade, “The Right to keep and Bear Arms: The Legacy of Republicanism vs Absolutism,” at http://www.firearmsandliberty.com/papers-shade/TheRightToKeepandBearArms.PDF.

2020 Clarence B. Carson, A Basic History of the United States, Volume I: The Colonial Experience 1607-1774 (Wadley, Alabama, American Textbook Committee, 1987), 182-183.

2121 Forrest McDonald, Novus Ordo Seclorum: The Intellectual Origins of the Constitution (Lawrence, Kansas, University Press of Kansas, 1985), ix, 60-63. See also, Gary T. Amos, Defending the Declaration (Brentwood, Tennessee, Wolgemuth & Hyatt, Publishers, Inc., 1989), 35-74, 117-118.

2222 Sheldon Richman, “Properly Interpreting the 2nd Amendment” Human Events (June 16, 1995), 16.

2323 IBID.

2424 Halbrook, Founder’s Second Amendment, 22.

2525 Shade.

2626 Halbrook, That Every Man Be Armed, 76-77.

2727 Richman, Reading the Second Amendment, 112-113.

2828 IBID.

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Guest Post: Second Take on a First Dilemma: News Control

By Mona Oliver

Question.

The news media hype mass murders like sports. They generate excitement using continuous coverage, announcer-like intensity and narratives, names and backgrounds of “contestants,” manisfestos and quotes, play by plays, tactics and gear, video and photos, comparisons with other contestants, and scores. Regardless of intention, the news media are strongly encouraging copycats.

But it doesn’t stop there. The news media then use the carnage as propaganda to push an agenda — to disarm the population at large — which would result in millions of defenseless law-abiding citizens everywhere at the mercy of an infinitesimal percentage who desire to be their mass-murderers. Again, regardless of intentions, the news media are pushing for broader playing fields with more targets, higher scores, and greater notoriety for mass murderers.

(At this point, it’s worth remembering that the greatest mass murderers are governments, a risk that increases dramatically with civilian disarmament.)

There is hope. A few countries have seen the light. They have directed their news media to change their coverage of mass murders — and their news media have complied, with minimal coverage, non-hyped language, no emphasis on the perpetrators, just a presenting of facts about the event and moving on. In those countries, mass murders have dropped to zero or nearly zero.

In the US, our news media is only getting worse. Hearing such intense, ongoing, sports-like coverage of the latest horrific events is not just personally sickening, it is quite literally sickening our country. It is doing nothing to help alleviate the problem and may, in fact, be escalating conditions.

We have to demand better. We have to demand a similar change from our news agencies — but without usurping the 1st Amendment.

The question is, how do we achieve that?

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Poll Tax? Bill of Rights Tax

Chicago Tribune’s Dahleen Glanton has a plan to offset Illinois’ oh-so-expensive violation of Second Amendment rights: Do it even more.

The Second Amendment doesn’t say that gun ownership has to be free of charge
But the freedom to own a firearm doesn’t mean it has to be free of charge. It doesn’t mean that owners can’t be a tiny bit inconvenienced. And someone’s right to own a gun certainly does not trump the safety rights of the rest of us.

Two words: Poll. Tax.

How ’bout charging Chicago South Side would-be voters $250 for voter registration, and making them pay another $100 for a background check?

To paraphrase: But who says that the people who choose to vote shouldn’t have to go into their pocketbooks every now and then? Voters have no problem approving taxes on other people for the latest welfare benefit. But if you ask them to get free voter registration cards they go ballistic. They are perfectly satisfied allowing taxpayers who would never get EBT to supplement the administrative costs for their munchies.

Perhaps $250 for a reporter’s license, and a hundred buck background check for each ill-considered column?

License to practice religion? (Huh; churches are specifically exempted from taxes.)

Hey! You could pay $250 to be free of warrantless searches.

Glanton, peruse the Bill of Rights, and tell us which — other than the Second Amendment — routinely require permission slips and preemptively-prove-your-innocence checks.

Speedy and fair trial license?

Here’s a wild idea. Instead of treating an enumerated right as a privilege to be taxed, stamped, regulated, restricted, folded, spindled, and mutilated — at some cost to government and victim alike — let’s save money — for government and victim alike — by treating the Second Amendment as the right that it is.

The money you save could be better spent on tracking down actual criminals who bypass your permission slips anyway. Of course SA Kim Foxx will probably just let them go, since dealing with real criminals is tough and scary. Honest citizens are easier marks.

[Permission to republish this article is granted so long as it is not edited and the author and The Zelman Partisans are credited.]

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could really use the money, what with ISP and web host bills. And the rabbits need feed. Click here to donate via PayPal.
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Carol Bowne Right to Safety Act

In 2015, Carol Bowne had a restraining order against an abusive ex-boyfriend. But she was wise enough to know paper isn’t a good shield, so she tried to lawfully obtain a defensive firearm.

She waited.

And waited. For New Jersey to deign to grant her permission to protect herself.

Carol Bowne was murdered while awaiting government permission to obtain a defense firearm.

The murderer killed himself later… with a firearm that he possessed unlawfully as a convicted felon. Unlike Carol, he simply ignored the government’s edicts; those just for honest people.

Carol Bowne tried trusting the government.

She died. “A right delayed is…” deadly.

Federal delays of human/civil rights can be just as deadly and state and local violations. National instant criminal background checks (NICS) inherently delay rights. Maybe for a few minutes, maybe a few days, or possibly permanently.

Millions of firearms transaction have been denied by NICS. The Bradys and the victim-disarming confederates brag about it. But 93% of those millions of denials were false positives; violation of rights without cause. The false positive rate may be as high a 99.8%, if you judge by the lack of prosecutions for the remaining 7%.

The government doesn’t track false negatives; those incidents where some prohibited person somehow passes his NICS check. Take a look at the 4473. With name, address, place of birth, date of birth, sex, race, ethnicity, and a physical description, NICS can’t tell a prohibited John Smith from a law-abiding John Smith.

If they even bother with NICS at all.

88-91% of guns used in crimes are stolen, thus bypassing background checks. Only 7% of guns used in crimes were obtained through lawful channels. Presumably because theft is easier and cheaper than buying from an FFL.

And while NICS is mandatory for us law-abiding types, who aren’t out there committing the crimes, the Supreme Court’s HAYNES decision says felons can’t be required to self-incriminate by reporting their attempt to unlawfully obtain a firearm with a NICS check.

NICS doesn’t work. And it only applies to the law-abiding; not simply because the law-abiding are the only ones who’ll bother, but because they are the only ones required to do it.

Kinda makes you wonder why the Brady Bill was pushed as an anti-crime measure, unless violation of rights was the intent.

18 U.S. Code § 922(t)
(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages—”
(A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.

Violating rights was the point from the beginning. Violators are specifically protected from any consequences of their unconstitutional acts (or inaction).

Let’s write that up formally.

18 U.S. Code § 922
(t)
Strike “(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages—”
(A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.

and replace with

(6) Any local government or employee of the Federal Government or of any State of local government, shall be liable in a civil action for damages—
(A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.

Added: 18 U.S. Code § 922(t)
(7) It shall be a felony under 18 U.S. Code § 242 for any local government or employee of the Federal Government or of any State of local government to deny or impede the Second Amendment rights of any person in any State, Territory, Commonwealth, Possession, or District not prohibited from firearms possession under this section; and that offender shall be guilty as an accessory to the crime if the failure to prevent the sale or transfer of a firearm to any person in any State, Territory, Commonwealth, Possession, or District whose receipt or possession of the firearm is unlawful under this section results in a crime committed with the firearm.

It’s high time that those in government face consequences for screwing up, just as us little citizens must.

It occurs to me that someone might look up at the masthead at that, “No compromise” and think that I’m offering just that on preemptively-prove-your-innocence prior restrain NICS checks. Read that proposed text again.

Permits and licenses (which criminals bypass) impede rights.

Waiting periods (which criminals bypass) impede rights.

“May issue” denials (which criminals bypass) deny rights.

I’m not compromising. I’m giving the Second Amendment the teeth it lacks. Consider the “accessory” provisions of paragraph (7): that can allow for Felony Murder charges for violators.


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What color is your coat?

David Codrea addresses the recent minor furor over the lack of prosecutions for NICS denials.

Gun Groups and Grabbers Find Common Ground on NICS Denial Prosecutions
That mass roundups of the scofflaws haven’t begun has got gun-grabbers – and some gun groups – in a lather. Lost in much of the noise is economist and author John Lott’s contention that a “high percentage” of “false positives” wrongly deny purchases. Not that due process is a concern when there are guns to be “taken off the street”…

I was a bit concerned where Codrea was going with this initially, since I’m not one of those in a lather over lackadaisical enforcement. My take differs that; and it certainly doesn’t share common ground with human/civil rights violating victim-disarmers.

Let me spell it out for those who have not yet caught on:

We now have 20 years of data that clearly establishes that preemptively-prove-your-innocence (PPYI) prior restraint on Second Amendment-guaranteed (not “protected,” sadly) human/civil rights is a complete failure as “gun safety.”

1. Roughly 96% of the denials proved to be false positives. As David notes, there were a mere 12 referrals for prosecution in 2017. The last time I checked the total number since it began, it was…

140. In two decades. Out of tens of millions of NICS transactions.

When the Bradys et al proudly point at three million denials, they are gleefully bragging on violating constitutionally guaranteed (not “protected,” damnit) rights of 2,880,000 innocent people.

Almost three million people that they have successfully — at least for a time — rendered into helpless targets for criminal predators. And they’re happy about it. If you hadn’t before, think about that now.

That’s false positives, which brings us to…

2. False Negatives. Almost every week, I come across a news story about a felon (or other prohibited person) who got a gun by passing the NICS check. No one seems to track false negatives, so I don’t know how common it is. And I’m not speaking of cases like the DC Navy Yard or Sutherland Springs shooters, whom the “authorities” never entered into the NICS databases. I’m speaking of those who are in the databases, who pass by misspelling a name, changing their name, or just giving the wrong birth date.

And those are just the few felons who bother gaming NICS. Roughly 94% of firearms used in crimes were obtained through unlawful channels, completely bypassing NICS.

NICS doesn’t have a bloody thing to do with most criminals; those who do submit to checks can easily spoof it.

The only thing NICS is good for is delaying rights, and completely denying them, for honest folks.

And that is precisely the point.

I have heard well-meaning people call for 18 U.S. Code § 242 – Deprivation of rights under color of law charges for those responsible for the violation of rights through improper denials, or for deaths when a sale is improperly allowed. In fact, survivors of Sutherland Springs (where the Air Force failed to report a felony-equivalent conviction, a domestic violence conviction, and an involuntary committal) trying to sue over it.

I wish them luck, but I’m astonished that the judge hasn’t dismissed the case already. There’s something in 18 U.S. Code § 922 that many people don’t seems to know about.

18 U.S. Code § 922(t):

(6) Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the national instant criminal background check system shall be liable in an action at law for damages—
(A) for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this section; or
(B) for preventing such a sale or transfer to a person who may lawfully receive or possess a firearm.

Bureaucratese Translator: We can directly violate your rights — even get you killed — and you cannot hold us responsible for our failures, sucker!

That was built into the Brady Bill. Its original intent was to rape human/civil rights with total impunity.

And the Bradys brag.

As I said, I was briefly concerned about Codrea’s direction, which seemed odd for someone with whom I’ve been somewhat acquainted for years. My confidence in his respect for rights was rewarded.

Enforce existing “Intolerable Acts?”

The people who have been complaining consistently are the NRA’s “leaders.” They’ve made “enforce existing gun laws” a mantra many gun owners repeat unthinkingly, as if ceding to the status quo of infringements will dissuade the totalitarian lobby from enacting any new citizen disarmament edicts.

Substitute “Intolerable Acts” for “gun laws” and see how much amplification that gets from members and supporters. Instead, we got “bipartisan” kabuki.

Intolerable Acts, indeed. Any supposed “pro-gun” group or person in a “lather” over the lack of enforcement of a law meant to violate rights, is supporting exactly the same disarmament which sparked the American Revolution.

Is it any wonder the field of pro-PPYI NRA’s logo is red?

What color is your coat?


Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could really use the money, what with truck repairs and recurring bills. And the rabbits need feed. Truck insurance, lest I be forced to sell it. Click here to donate via PayPal.
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Deprivation of Rights Is Suddenly a Bad Thing?

Young Mister Hogg, speaking at the Toronto International Film Festival, made the astonishing — for him — assertion that people should not be deprived of human/civil rights because of a mere felony conviction.

“I think the most important thing to realize, however, is the problems we face as a country, whether it be water in Flint, Michigan or the mass amount of mass incarceration of people of color that can’t vote. In Florida, the number of eligible African Americans that would otherwise be eligible to vote but can’t because of a previous conviction is 21 percent. In Kentucky it’s 26 percent. In Mississippi and Alabama it’s 15 to 16 percent.”

I personally subscribe to the notion that anyone who can’t be trusted with a firearm should not be on the street without a keeper. If they’re safe to be on the loose, they’re safe to exercise constitutionally protected rights. Whether that’s voting or bearingdefensive arms.

I’m pleased to see that Hogg agr… oh. Wait.

“Why didn’t you ban bump-stocks and raise the age to purchase firearm to 21 when you said you would?”

We’ll leave aside for the moment the fact that the befuddled boy has no idea of how our constitutional representative republic works, and that no president has the lawful power to do that. And if he did rule by edict, Hogg would probably call him a dictator; “Hitler” even.

Hogg is outraged that those convicted of felonies lose rights. But stripping Second Amendment rights from people never convicted of any crime is a good thing?

This is the punk who wants the voting age lowered to 16 so they can vote to raise the age to exercise the right to keep and bear arms.

Eighteen year-olds are too immature to safely operate a simple device with three or four controls, but sixteen year-olds can operate massive motor vehicles with a plethora of controls to manipulate?

If they cannot master arms, then they certainly can’t be trusted with the far more complex instruments of democracy.


Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could really use the money, what with truck repairs and recurring bills. And the rabbits need feed. Truck insurance, lest I be forced to sell it. Click here to donate via PayPal.
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Ed. note: This commentary appeared first in TZP’s weekly email alert. If you would like to be among the first to see new commentary (as well as to get notice of new polls and recaps of recent posts), please sign up for our alert list. (See sidebar or, if you’re on a mobile device, scroll down). Be sure to respond when you receive your activation email!

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Minorities don’t have rights?

David Frum, writing in The Atlantic, has an interesting take on rights.

Only 30 percent of Americans own guns. Thus far, that minority has sufficed to block substantial federal action on guns. But a one-third minority—and especially a nonurban one-third minority—may no longer suffice to shape American culture.

Does he really want to go there? Does he really want to argue that rights are subject to a majority vote; that some minority should lose some right because they’re outnumbered?

What other minorities would he like to disenfranchise?

(https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=DEC_10_DP_DPDP1&src=pt)

America has done that before. It was a bad idea — morally, legally, and constitutionally — then. It’s a bad idea now.

Especially when said minority is heavily armed.


Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could use the money, what with truck repairs and recurring bills.

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Ed. note: This commentary appeared first in TZP’s weekly email alert. If you would like to be among the first to see new commentary (as well as to get notice of new polls and recaps of recent posts), please sign up for our alert list. (See sidebar or, if you’re on a mobile device, scroll down). Be sure to respond when you receive your activation email!

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Rights are not up for grabs or votes

Now that Election 2014 has come and gone, and Bloomberg’s Everytown initiative suffered losses in nearly every arena, forcing him to waste $50 million  on an effort Americans obviously oppose, it’s time to ask some questions about our rights.

Among the sea of rejection for the gun control mission, however, there were tiny spots of stupid that gave small victories to the gun grabbers.

Washington state (as if you hadn’t heard Gunsense drones crowing about it) has passed Initiative Measure 594 – a gun control measure that would require every person wishing to purchase a firearm – even those doing so via private sales – to get government permission to do so.

This, in essence, has banned private sales. When you insert a government transaction, done through an FFL, into a private transaction, said sale ceases to be private.

Was the initiative about safety? Anyone who has been following the gun rights debate for any length of time knows that safety has nothing to do with it.  Criminals, for the most part, do not get guns through legal channels.

Guns purchase

Basic economics indicate that as long as there is a demand, there will be a supply, and when you close off legal supply channels, the black market flourishes.

So it’s not about safety. So why is it that Washingtonians were so eager to cede their basic rights to government infringement, even though this measure has no hope of stopping crime?

Why hand over your rights so easily?

Make no mistake, these are rights.

The right to keep and bear arms is a natural right that stems from the right to life and the right to defend your life. Why allow petty elected tyrants to control what tool you use to do it?

What about the right to property? Why would you allow the government to intrude on your right to dispose of your property as you see fit? If it rightfully belongs to you, why would you allow any government to control to whom you sell it?

And lastly, why would Washingtonians subject their natural rights to a vote in the first place?

Less than 50 percent of Washington residents voted in this election, and yet, they decided the fate of the natural rights of their fellow citizens – the right to dispose of their property, and the right to purchase it without government intrusion.

They decided this despite the fact that no loud, screeching, uninformed majority should ever be allowed to decide the fate of our natural rights with a push of a button.

That is not a decision any majority should be allowed to make.  And yet Washingtonians not only allowed the right to keep and bear arms and the right to property to be limited by their fellow state residents, but also allowed those rights to be put on the chopping block in the first place.

Rights exist. They are not and should not be up for discussion, debate, or a vote.

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