I received the following email and got permission to share it:
Dear David,
I hope you are well.
First, I want to apologize for the length of this question / screed.
I re-upped my Guns mag subscription for the sole purpose of supporting your column.
I am 48, 4 kids 9- 22, married 24 years, self employed 30 years having built 4 notorious businesses still in operation today. A couple of post grad degrees and recently graduated from law school. I’ve interned for a senior partner at (one of) the top criminal / (constitutional) law firms in the country for the last year and a half.
I plan to take the kalifornia Bar exam and specialize in firearms and 4th amendment law defending "law abiding citizens" charged with gun possession and other "crimes".
I grew up in a hoplophope family. I was a gun fanatic since Roy Rogers, Bat Masterson, John Wayne, etc., etc., blah, blah, blah. I bought my first "legal" gun at Buchanans gun shop on College Avenue in Berkeley at 10:05 on my 18th birthday. I was standing at the door waiting for him to open. Gun Shop in Berkeley? (he’s been closed and gone for 25 years).
My kids all shoot and hunt. (Look for my 9 year old to be an Olympic contender)
This is a long way of saying that I am a forever believer in the second amendment and I want to believe in it. I want my children to grow up free. I frame EVERY argument in my life in terms of the freedom of my children and their future families. But now I have gone to Law school and I have worked in a top law firm (as an intern) and everywhere I turn the people with the experience in the trenches that I respect tell me that the second amendment is NEVER the argument.
I continually talk to experienced, smart, creative attorneys that I respect who tell me there is no second amendment. Yesterday I had a long talk with the partner I work for and he told me to "forget the second amendment, it was poorly written, it’s been completely de-balled. U.S. gun laws are entirely statute driven and it has been increasingly thus since "U.S. v Miller" in 1938. He said with the exception of "U.S. v Lopez" there are no meaningful constitutional arguments for inalienable gun rights. The courts have routinely upheld restrictions on possession and ownership particularly local ordinances.
I should throw in that these are seriously constitution believing, gun owning, gun in the top desk drawer attorneys with years of experience, not the bRADY BUNCH.
This is a very long way of asking YOU, in your opinion, is there any point any more in the second amendment or is it just a fund raising dog and pony show? Has the second amendment been rendered entirely symbolic? What basis do YOU see for ever demanding rights under the second amendment? (And yes I am watching "Parker")
I am asking sincerely as a newly minted (though not born yesterday) attorney that wants to make the second amendment (and the constitution) the law of the land for my children (and yours). Everywhere I look I don’t see it as a practical reality. As much as I want to believe in the second, it seems like a mass delusion (or worse) a cynical use of the concept for pure fund raising hype with no expectation (by the professional promoters) that there is any argument to win.
I acknowledge that I am a paranoid nut case and I do not trust the state (particularly the current GENERATION of self serving one world "alleged representatives" selling out our children in every way at every opportunity)
I cling to these beliefs being aware that forty states have passed Shall Carry laws and being fully informed about the "castle doctrine" laws. But isn’t it possible that "Shall Carry", i.e. "Shall Register" may just be a ruse to determine where all the guns are and that with the stroke of a pen they could use those lists as the basis for confiscation? Again, I know I am an unreasonable "nut case" but if anything is possible and history repeats itself....repeatedly.......?
Instead of keeping high paid lobbyists going (al la Wayne La Pierre) would it be more prudent to tell our children that confiscation is inevitable, do not cooperate? Wouldn’t it be more effective to rally those that would fund these (arguably) gun control organizations (like the NRA) that are raking in millions compromising away our gun rights routinely and incrementally - particularly by pretending we have to ask permission instead of saying "storm the capitals" and "Shall not be infringed" has it’s plain meaning?
Wouldn’t it be more meaningful for us to promote the compact made with US by the Founders when they pledged "Our lives our fortunes and our sacred honor" that your children and mine would live free? With regular pitchfork parties at the "government houses". Are U.S. Citizens sooooo gutless that they will not stand up to a government that works for them? Are we a nation of girls? (Rhetorical questions, I know). Maybe we should be shaming the masses instead of hyping them on the second. What is your view? (Is it time to contemplate the need or the inevitability of having to "water the tree of liberty with the blood of patriots")?
Isn’t it long past time for civil disobedience and non cooperation? Isn’t it time to teach your (our / all) children that confiscation is inevitable. It’s a deliberate plot against the populace. That citizens should never cooperate, register or report? Shouldn’t second amendment focused organizations and publications start promoting non registration, parents buying for their children so the children are never "on record", acknowledging that the government has already so far overstepped their authority that they can not be trusted and to act defensively for the future safety of our children and our country? i.e. REALITY.
If the minders won’t mind the borders at the minimum when in excess of 70% of the population is demanding to close the borders - why should any thinking person believe the government, bent on one worldism will ever protect the constitution or the citizens god given inalienable rights to anything?????
Shouldn’t we be screaming that totalitarianism is coming at light speed? Instead of this constant fund raising subterfuge that the second amendment will someday form the basis of a winning lawsuit that will set the U.S. back on a constitutional course and abolish all gun laws, blah, blah, blah, blah, promote the myth? Isn’t this just delusion and masturbation and mental disorder????
If we keep up all this sound and fury promoting an argument that can never move the reality forward and we are just flailing about chanting a mantra that is effectively a political divide and conquer and slight of hand strategy to dilute and pacify / pussify the electorate.........Aren’t we mentally ill? Or DUMB????
Are we passing the point of no return where in the second amendment (and many of the others, 1st, 4th, 5th, etc..), no, the Constitution will be stolen from our children without a shot being fired by the absolute worthless, embarrassing, self serving, pandering, lowest common denominator dunderheaded "alleged representatives" from top to bottom, petite totalitarians and soccer moms and the lowest common denominator educational / indoctrination system "we" have built?
Have we be been completely screwed by the "greatest generation" who having won WWII, sat on their fat assess and voted entitlement and totalitarianism into this country and hope to party till the lights go out and save the bill for their grandchildren and die before they have to see the damage they have delivered their future generations?
I know you are a fan of "the prisoner". We ARE living in the village. More so all the time and on an accelerating path. But you and I, and a few pockets here and there are "not prisoners, we are free men! Or by our actions, are we?
What do you think?
I am asking your personal opinion for my own interest and direction and I will NOT republish your response.
No hurry. I appreciate and value your considered opinion.
Again, I apologize for the length of this "question".
Thank you for your time David.
Dave Licht
It will take time to do justice to Mr. Licht's thoughtful observations and questions, and I doubt I'll be able to do it all in one sitting (and get anything else done). I hope to be able to respond to some, possibly all of his points, over the course of this week.
In the mean time, if you think you have value to add to the discussion, well, that's why we have a "Comments" section...