Questions and Answers II

In Part One, questions and concerns from Dave Licht about the Second Amendment were posted, and many of you responded with comments of your own. Here are some of my initial observations.

He loaded a lot on the plate, so I'm going to spread this out over a couple posts this week, and do everything in bite-sized chunks.

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.

Unless things radically change, I'd say this assessment of the current state of things is inarguable.

I've been saying for some time that those in power will not allow that balance to significantly change unless forced to. However, it is also my opinion that there will be a "legal resolution" from the Supreme Court on the Second Amendment, and sooner rather than later, and that individual rights will be acknowledged. Perhaps Parker will be that case.

Did I just contradict myself? I don't think so, because I don't think such a ruling will ultimately prove useful at repealing the most offensive of existing gun laws. I believe most of those will be upheld as "reasonable restrictions" where there is a "compelling state interest."

Why do I think SCOTUS will hear and decide on a case? I believe the tension between the Fifth (Emerson) and Ninth (Hickman and Silveira) Circuits can't be allowed to perpetually stand. It's in the interests of the federal government to have one interpretation of the Constitution--"one Ring to rule them all..."

So far, the "High Court" has managed to duck the issue. Some in the "pro-gun camp" say this is a good thing, because the court was not properly stacked to rule for an individual right. This was a significant reason they opposed--and tried to derail--Silveira, citing how it could create "bad precedent." Many of these critics conveniently forgot to mention how the precedent they brought about in Hickman solidified the state of California's legal position that there is no individual right.

That SCOTUS refused to hear the case was not really a surprise. Their dilemma: They couldn't rule that 2A is an unalienable right, applicable to the states as well as the national government, that shall not be infringed, because that would erode the monopoly of power--and no "authority" gives that up unless forced to. And they dared not rule that there is no individual right, because that would provoke widespread defiance and disobedience that could well get out of hand.

The time--and the cases--were not "right" to serve the purposes and maintain the balance.

That's where John Ashcroft showed the way, albeit in an often overlooked footnote...

More later.

Information Request

Many of you know of (or have blogged of) stories about people who used firearms to defend themselves from mutants and were then charged with serious crimes because of that. Or they were sued in civil court by family members (and greedy lawyers) of the shot perpetrators.

Alphecca is looking for help to counter some blatant opinion steering by the "authorized journalists."

Hmmm...Makes Sense!

The city of Carson is urging residents to surrender their weapons at the Carson sheriff's station on Wednesday.

And in other news:

An 18-year-old man was wounded in a shooting at a Carson gas station early Sunday.

Sheriff's officials believe the incident is gang-related.

We're the Only Ones Child-Caring Enough

An 11-year veteran of the New Braunfels Police Department has been charged with one count of possession of child pornography.

Sometimes it takes the "Only Ones" to remind us how important the little things in life are.

[Thanks to AB5SY]

We're the Only Ones Abreast of the Situation Enough

A former sheriff's deputy who sexually assaulted two women and fondled another's breasts while patrolling in the Compton area was sentenced Thursday to 30 years in federal prison.

Lick it or ticket?
[More from "The Only Ones" files...]

We're the Only Ones Violated Enough

A former Los Angeles police officer, who was fired after he was videotaped striking a suspected car thief with a flashlight, filed a $10 million civil rights lawsuit on Friday against the city and Chief William Bratton.

Damn straight. The day an "Only One" doesn't have a guaranteed right to kick a subdued suspect in the head and beat him with a flashlight is the day this is no longer Amerika.

We're the Only Ones Young and In Love Enough

A U.S. Capitol Police sergeant has been charged with child sexual abuse after allegedly having videotaped sex at his home with a 15-year-old girl that authorities believe was arranged by a former Bowie High School assistant football coach.

That poses quite a dilemma. I mean, if you take her to dinner afterwards, do you buy her a Happy Meal or a Big Kids Meal?

[More from "The Only Ones" files...]

[Via K Romulus]

Mexico Calling on U.S. to Stem Weapons Trade

That's almost funny.

Questions and Answers

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...

We're the Only Ones Camped Out Enough

36 year old Matthew Cyr, a prominent member of the Windham police force, was shot in the leg at his parents' camp. He is now in good condition.

State Police spokesman Steve McCausland says Cyr was at his family's place on Millinocket Lake Friday night. He was sleeping in a tent when he was shot in the leg with his own gun.

State Police won't say who fired the gun.

No. No, of course they won't.

[More from "The Only Ones" files...]

Dial 911 and Wait

Witnesses said children and others feared for their lives while a man walked around outside with a gun. Repeated calls to 911 went unanswered until Horry County police responded after the town's police didn't...

Residents heard a woman being beaten. They called police. One minute passed. And another. And another. And another.

A few wondered if they should enter the house themselves. Seventeen minutes later Horry County police showed up because the town's underpaid, overworked police didn't.

But you'll be damned if you come to the obvious conclusion, won't you, Bailey?

[Thanks to Jason M]

We're the Only Ones Domestically Disturbed Enough

An off-duty Shelton police officer was wounded by a bullet from his service pistol Sunday morning as he tried to prevent his wife from shooting herself with it, the Thurston County Sheriff's Office said.

No one had been charged with a crime Sunday, but deputies were investigating the incident...

I wonder--had they been non-"Only Ones"-- if anyone would have been charged by now...

Who Could Have Guessed?

Mass pardon for convicts in Italy leads to a crime wave...

Governments. Is there anything they don't do well?

The Real Bellwether

Kansans are lining up to buy guns and learn how to shoot them.

“Usually summers in the gun business are deader than a doornail, but we’re having a record year,” said Jeff Howlett, owner of Kansas Firearms Specialties in Tonganoxie.

If it seems there has been an unusually intense barrage of anti-gun activity, from opportunistic political traitors making their treasonous threats, to "authorized journalists" egging them on, Americans voting with their pocketbooks ought to be an indicator of what's really going on behind all the hoopla.

We're the Only Ones Stunning Enough

A COP lost his 50,000- volt Taser stun gun when he left it on his car roof and drove off...Police fear it has fallen into the wrong hands and a spokesman said: "If someone has it or finds it they should contact us immediately."

Ah, the lovely, disarmed UK.

Where the term "shooting match" takes on a whole new meaning...

[More from "The Only Ones" files...]

We're the Only Ones Locked Down Enough

New Jersey State Prison remained in lockdown Sunday, two days after authorities discovered a loaded firearm within its secured perimeter, prison officials said.

If the "Only Ones" can't even keep guns out of the state pen or other maximum security cellblock hellholes like Newark or Jersey City, what are the chances that "gun control" will work in society at large?

I Hope He Didn't Mess Up His Upholstery, Either

A 78-year-old Philadelphia man used a .38 caliber handgun to thwart a carjacker.

George Newton said that when William Edney approached him, held a pistol to his head and said "Don't do anything funny," he handed him the keys to his sport utility vehicle...But when he saw that Edney was trying to shift gears with his gun hand Newton decided the time had come for action. He pulled out his own weapon and shot Edney in the jaw, and then walked to the other side of the car and shot him in the shoulder.

Here's my favorite part of this story:

"Both windows were down so I didn't mess up any of my glass," Newton told the Inquirer.

Glad to see not all Newtons are morons.

Still, I wonder if he thinks it's worth all that "blood on the streets" in Philadelphia?

Besides, why couldn't he just dial "911"?

Or like Democrat Hal smugly proposes, "engage a bodyguard or two"?

We're the Only Ones Natural Enough

A former Milwaukee police officer already facing charges in connection with the beating of a biracial man has been charged with lying on an application to buy a gun and then jumping bail...

[Jon] Bartlett also is charged in a separate case with calling in a bomb threat to his former police district station...

Bartlett's attorney, Bridget Boyle, said it was natural that her client, given his law enforcement career, would be interested in guns.

Naturally.

As long as they're for him.

[More from "The Only Ones" files...]

We're the Only Ones Privately Checked In Enough

No one was injured when an off-duty Woodbury, Minn. police officer's gun fired through a wall at a St. Cloud, Minn. hotel into another guest's room as the officer practiced holster and trigger pulls, authorities said...

Woodbury Police Chief William Hering refused to release the name, rank or years of service of the officer on the advice of the city's attorney.

"Right now we're treating that information as private," Hering said Thursday.

But of course. The criminally negligent moron is, after all, an "Only One."

[Via KABA Newslinks]

Hal: A Typical Democrat Elitist

I came across the following comment in response to a story about Tom Delay trying to get his CCW back:

10 Hal - Aug 4, 11:52 pm

I'm sorry, I just have one question here. Why does Tom DeLay feel that he needs to be able to carry a concealed weapon? I just don'’t get it. Millions of Americans survive a day-to-day existence without feeling the need to pack heat.

If he feels threatened then maybe he needs to let loose of a few thousand of those campaign contribution smackers and engage a body guard or two. People who are trained in the art of self defense. Tom, as a middle aged, out of shape white man, is out of his element if he wants to pack a rod to fend off hardened criminals.

It'’s the same in DC as it is in the "burbs”. Leave it to the professionals.

I followed his link to his website, and found he's part of the "Lefty Blogs" ring.

Hey Hal: Your party is supposed to represent the common man, the downtrodden, the underdogs, the poor. What are they supposed to do if they need protection? They don't have "a few thousand...smackers" to engage a bodyguard. Dial 911?

And as for being "out of shape," who better to need an "equalizer" when faced with "hardened criminals"? I know plenty of women, Hal, who are adept with firearms but would be no physical match in a street fight against an enraged male. What do you recommend they do, Mr. Egalitarian? Lay back and hope they survive the beating, stabbing, shooting or rape?

And Hal--YOU "leave it to the professionals," that is, "The Only Ones." We've examined the evidence, and we know better.

Hal, here's your problem. You're stupid and you're a coward.

But aside from that, we'll give your opinions all the consideration they deserve.