Monday, January 01, 2007

Open Letter to President Bush on FAA Assertion that Second Amendment is a "Collective Right"

Dear Mr. President,

From Federal Register: December 15, 2006 (Volume 71, Number 241)
[Rules and Regulations]

[Page 75615-75645]
II.C.6: Security Requirements:
Additionally, nearly all courts have also held that the Second Amendment is a collective right, rather than a personal right. Therefore, despite the Second Amendment collective right to bear arms, the FAA has the authority to prohibit firearms on launch and reentry vehicles for safety and security purposes.
From Laura Montgomery
Senior Attorney
Office of the Chief Counsel
Federal Aviation Administration:
This rule, including its security requirements, underwent coordination and review within the executive branch. It was reviewed and approved by the Executive Office of the President.
From "President George W. Bush Speaks On The Record":
NRA: Also early on in your Administration, Attorney General John Ashcroft stated his view "that the text and the original intent of the Second Amendment clearly protect the right of individuals to keep and bear firearms." This was a clear reversal, was it not, of the Clinton Administration's position?

President Bush: It was a clear reversal. It was a position that needed to be reversed--—the prior Administration had taken the position that the Second Amendment only applies to state militias and doesn'’t protect an individual right to bear arms. My opponent issued a press release earlier this year supporting that exact same position. I know that'’s not what the Constitution says. The Constitution gives people a personal right to bear arms. So we did reverse the Clinton Administration'’s position, and I think that was the right thing to do.

Mr. President, is it still "the right thing to do"? Clearly, the language that the Senior Attorney, Office of the Chief Counsel for the FAA says was "reviewed and approved by the Executive Office of the President" directly contradicts your earlier stated position.

Some have suggested this is merely a bureaucratic oversight--a staffer issuing routine approval without a meticulous detail check and without your cognizance. Others fear it may signal a change in your administration's official position on the Second Amendment.

If it's the former, will you take immediate steps to revise the Final Rule and delete all references to "collective rights," as well as establish controls to prevent such oversights from happening in future rulemaking?

If it's the latter, will you issue a public explanation of your new position and the reasons behind it?

Your immediate attention and personal response to this matter will be appreciated.

Sincerely,

David Codrea
Citizen

CC: Laura Montgomery

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Related Reading:


Further Thoughts on the Bush 2A Reversal

Bush Administration Reverses Ashcroft Interpretation of 2A
Bush Administration Declares 2A a "Collective Right"
FAA to Disarm Universe
Other Links

Wayne Fincher Update: Jan.1

From Paul W. Davis :
In the interest of maintaining access to all the documentation involved in the case of U.S. v. Hollis Wayne Fincher, I have updated the MOWCA's website with a page focused on the BATFE raid on the Militia and the arrest and detention of Wayne.

http://www.arkansasmilitia.com/raid/main.html

This page does not replace the USvFincher blog or the other blogs and websites that are tracking this case. However, it will lay out all documentation involved. Please note: This page is not a blog and is not intended to function as such, but is a document repository that also functions as a backup to the USvFincher blog in case access is unavailable for whatever reason.

All submissions to the page will be cleared through the militia and/or Wayne's lawyer if applicable. Please remember that I am only the webmaster and cannot post a document unless it has been previously cleared through the militia.
[More from WarOnGuns]

The Money Quote

"A person who is willing to shoot an officer is willing to shoot a civilian," he said.
Bingo!

Crouching to Tyranny

The removal of guns from this city's streets is basic to achieving a civilized level of order and a feeling of safety, which is the job of the New York Police Department and the city administration and any gathering of do-gooders focused on the lowering of the murder rate.

Police Commissioner Raymond Kelly says that Operation Gun Stop is a necessary program because it creates incentive and guarantees the protection of those citizens who want to report the sale of or possession of illegal firearms.
Stanley Crouch--kind of makes you wonder if Mr. Adams was prescient when he said:
Crouch down and lick the hands which feed you. May your chains sit lightly upon you, and may posterity forget that ye were our countrymen!
Stanley could benefit from reading this, that is, assuming he's merely ignorant.

This Day in History: January 1

On this day in 1781, 1,500 soldiers from the Pennsylvania Line--all 11 regiments under General Anthony Wayne’s command--insist that their three-year enlistments are expired, kill three officers in a drunken rage and abandon the Continental Army’s winter camp at Morristown, New Jersey.