Part of the
recent attack on me has focused on criticism of
the Silveira case. While the commenters in this instance aren't high on my list of favorite people, it's undeniable that some very credible and respectable attorneys argued the case was a bad one to make. I'll get into that another time, as the inclination strikes, but would just offer these observations:
If we wait for the "perfect" case and the "perfect" court, we will never resolve this "legally." That happy convergence will simply never happen. In the mean time, we are utterly powerless to prevent a
really wrong case from being made that will settle the matter (again, "legally") without our input and with overwhelming public sentiment agreeing with the decision--for instance, if a child molester files the suit.
And this is assuming that the initiative is taken by the "side" claiming 2A applies to
We the People--if the government prosecution of, say
Wayne Fincher argues he has no individual right, or if a lawsuit filed by
Michael Bloomberg or the
Brady Campaign predicates itself on establishing a national "collective rights" precedent, what will the
Silveria critics do then?
The recent tempest over FAA asserting a "collective rights" interpretation of the Second Amendment should demonstrate that it's a legal argument the federal government is willing to make and/or uphold--as in California, where decisions at both the state Supreme Court and federal Ninth Circuit Court of Appeals have created exactly such precedent.
If there is one constant we can demonstrate about those who would render us disarmed, it's that they will not wait around for us to suit up for the game on our terms. They will bring the fight to us at the times and places of
their choosing, again and again and again.
If there's one thing we can demonstrate about battles is, every war won by we Americans required going on a totally committed offense. It's, incidentally, why we haven't won one for over 60 years.
My position? If the government at
all levels intends to deny us our birthright, I want to know about it, and the sooner the better. Perhaps it will galvanize us, perhaps not, but at least we'll know the score, with no further illusions that cynical faux leaders can use to manipulate us with. Perhaps, if the change in temperature is stark enough, the frog will jump.
If not, we're screwed anyway, but in a manner that humiliates us, robs us of our dignity as men, and conditions our children for enslavement by the example we set.
