Very astute

Kevin puts the pieces together. It works for me.

Obama and Hillary

Both SayUncle and Sebastian are feeling happy to see “Obama Slaps Hillary Silly in VA” but note that rationally that feeling doesn’t make much sense.

Admittedly, even if you drop the title of “The First Woman President of the United States of America” this image is pretty frightening:

But which would you rather have in office? Someone who 40% of the population thought was a power mad megalomaniac without morals or someone who would attempt to implement the same laws and tyranny but 80% of the population thought was, deep down, a “nice guy”?

If those were the only two choices I had I would vote for the megalomaniac because it would be easier to motivate the opposition and throw them and their collaborators out the next election. And if the next elections “didn’t happen” a lot more people would have been preparing for the revolution.

Basically its a choice between being forced to distribute either a poison that tastes sweet or one that tastes extremely bitter. Go with the bitter tasting because fewer people will take a lethal dose.

And it may not come to one of them being elected. As some have said, we want Hillary to win the nomination because she has less chance of being elected than Obama. Go Hillary! Then get lost.

Rented out by the minute

Some people should be rented out by the minute by their cellmates to the bidder of the most cigarettes. My number one nominees at this time are these criminals. This should continue for the rest of their lives–no sleep allowed.

A woman in New York state sold a young girl to her landlord for sex to cover her overdue rent, federal authorities said.

Linda O’Connor, 46, also sold the girl to strangers twice at a hotel in 2006 and 2007, authorities said. The girl was 12 and 13 at the time of the alleged rapes.

O’Connor, who lives in the upstate New York town of Norwich, was arrested Sunday on federal charges of selling a child and other pornography counts. Assistant U.S. Attorney Miroslav Lovric said she could face up to life in prison.

O’Connor’s former landlord, Dean Sacco, 49, of New Jersey, was also charged with having sex with the girl, crossing state lines to have sex with a minor and various pornography charges.

The girl told authorities that O’Connor and Sacco photographed the assaults. Now 14 and in foster care, she told police she faced homelessness and that Sacco threatened to kill her if she did not comply.

The girl told investigators Sacco had sex with her at least five times and that O’Connor took her to a hotel in December 2006 to have sex with a 40-year-old man for $150 while O’Connor watched. O’Connor later took her back to the hotel again to have sex with a second man, the girl said. After the second encounter, O’Connor took the girl Christmas shopping.

Quote of the day–Jeffrey B. Teichert

In the end, the only statistic that matters in Second Amendment discussions is that at least sixty million (and perhaps over one hundred million) people were murdered by their own governments during the twentieth century. Robert J. Cottrol & Raymond T. Diamond, The Fifth Auxiliary Right, 104 Yale L.J. 995, 1025 (1995) (book review). In America today, the necessity of exercising the last resort of revolution appears remote. But a Constitution is not for the moment – it is for the ages. The people’s right to alter or abolish a despotic government is fundamental to their sovereignty. The means to exercise that right should not be entrusted to an exclusive military class, any more than the freedom of speech should be entrusted only to government spokespersons.

Jeffrey B. Teichert
February 12, 2008
District of Columbia, et al., v. Dick Anthony Heller
Page 21.
BRIEF AMICUS CURIAE OF ORGANIZATIONS AND SCHOLARS CORRECTING MYTHS AND MISREPRESENTATIONS COMMONLY DEPLOYED BY OPPONENTS OF AN INDIVIDUAL-RIGHTS-BASED INTERPRETATION OF THE SECOND AMENDMENT IN SUPPORT OF RESPONDENT

CCRKBA files amicus brief in Heller case

This came via another email from Joe Waldron. I haven’t been able to find the brief on the CCRKBA website but I did find it here.

CCRKBA FILES AMICUS BRIEF IN D.C. GUN BAN CASE BEFORE SUPREME COURT

BELLEVUE, WA – The Citizens Committee for the Right to Keep and Bear Arms has filed an amicus curiae brief in District of Columbia v Heller, in the appeal of the historic case that overturned the district’s 31-year-old handgun ban because it violates the constitutional right to keep and bear arms affirmed by the Second Amendment.

Written by Bellingham, Wash. attorney Jeffrey B. Teichert, the brief was filed in cooperation with the Evergreen Freedom Foundation and several university scholars. It carefully details the history of the Second Amendment, and dismantles arguments by the District of Columbia that the constitutional right to keep and bear arms was written only to protect some mythical state’s right to organize and maintain a militia.

“Our 53-page brief is tightly written, and it refutes contentions by the District and anti-gun rights organizations that the Second Amendment is exclusively written for the common defense, and only applies to military service,” said CCRKBA Chairman Alan Gottlieb. “The brief, which can be read on our website at www.ccrkba.org, goes right to the heart of this case, and essentially dismantles every specious claim by anti-gunners about the intent of this Amendment.”

CCRKBA’s brief also properly labels arguments by the Brady Campaign that the English Bill of Rights only provided for arms for the military as “patent nonsense.” Likewise, the brief notes that the District of Columbia’s argument would deny the sovereignty of the people by falsely claiming that the Second Amendment permits them to be disarmed in favor of an exclusive military class.

“The District of Columbia cannot abolish a fundamental constitutional right anymore than Congress can,” Gottlieb said. “Furthermore, neither the District, nor its anti-gun-rights supporters, can be allowed to transform a civil right into a privilege, as they seek to do by regulating the Second Amendment into irrelevancy.”

“For the past several months anti-gun extremists have been beating drums about the downfall of civilization if the high court correctly upholds the Second Amendment as protective of an individual civil right,” Gottlieb stated. “That argument amounts to hysteria. The Second Amendment is the cornerstone of liberty and public safety in this country, whether the District or its supporters like it or not. Our brief to the Supreme Court clearly explains this.”

NRA on state AG amicus brief

Another wheelbarrow full of cash just showed up at my bunker from the Apex of the Triangle of Death. They just put a news release on their website about the state attorney generals signing on to the pro-individual rights amicus brief in D.C. v. Heller.

I like this part:

This brief by the state Attorneys General comes on the heels of last week’s congressional brief, having the largest number of co-signers of a congressional amicus brief in American history, with 250 House Members, 55 Senators and the Vice President of the United States, acting in his capacity as President of the Senate.

I’m betting the decision in this case will be delayed compared to most. Lots and lots for the Justices to read and ponder.

We got their attention

Mike Brown and I have been talking about this bill for months. He wrote it and I helped with the website and blog. Last week it was introduced. It appears we have got someone’s attention.

From the University of Idaho:


From: asui@uidaho.edu
To: students-list@uidaho.edu
Date: Tue, 12 Feb 2008 08:24:23 -0800
Subject: Senate Bill 1381 Allowing students with concealed weapons permits to campus

Dear Vandal,

In case you have not heard, the Idaho State Senate is considering Senate
Bill 1381.  If this bill passes, it will allow individuals with concealed
weapons permits to carry their firearms on campus after notifying proper
university authorities.  Because this bill has the potential to affect every
student at the university the ASUI has decided to put together a discussion
panel where students can learn more, ask questions, and state their stance
on this piece of legislation.  This is a great opportunity to engage in the
political process.  After the panel, you will have an opportunity to write
letters to state legislators supporting or opposing SB 1381.

Here is a link to the actual bill text:
http://www3.state.id.us/oasis/S1381.html

What: Senate Bill 1381 Allowing students with concealed weapons permits to
carry firearms on campus
Where: Renfrew Hall Room 111
When: Wed. Feb 13th, 2008 from 4:00-5:30 PM

 

 

ASUI and the ASUI Center for Volunteerism and Social Action

GRPC 2008 is in Phoenix

This fall the Gun Rights Policy Conference will be in Phoenix. Give serious consideration to attending.

I was a speaker at the 1999 and 2000 events. I’m hoping to at least attend this year. It is a tremendously inspiring event.

SAF files amicus brief in Heller case

Via another email from Joe Waldron:

SAF FILES AMICUS BRIEF IN D.C. GUN BAN CASE BEFORE SUPREME COURT

BELLEVUE, WA – The Second Amendment Foundation has filed an amicus curiae brief in District of Columbia v Heller, the appeal of the landmark case that overturned the district’s handgun ban on the grounds that it unconstitutionally violates the Second Amendment right to keep and bear arms.

Written by attorney Nelson Lund at the George Mason University School of Law, the brief has already earned praise of veteran Second Amendment authority David Kopel, who noted in remarks on a popular Second Amendment website, “If you want to read a model Supreme Court brief, this is the brief to read.”

In the brief, Lund notes that the Second Amendment right of the people to keep and bear arms would remain even if the militia were disbanded.

“Our 48-page brief is tightly written, and it refutes the contentions by anti-gunners that the Second Amendment only protects some right of the states to maintain militias,” said SAF founder Alan Gottlieb. “The brief, which can be read on our website at www.saf.org <http://www.saf.org/dc.lawsuit/saf.heller.amicus.brief.pdf>, gets right to the heart of this case. We also note that the opposition arguments are absurd, and explain why.”

SAF’s brief further reminds the court that “In liberal theory, the most fundamental of all rights is the right of self defense.” It also notes that ‘the people’ referred to in the Second Amendment “has always been a much larger body of individuals than the militia.”

“Congress cannot abolish this constitutional right of the people by abolishing the militia,” notes Lund in the brief. “Neither can the right be limited to contexts in which its exercise contributes to the functioning of an organized militia that Congress is not even required to maintain.”

“While anti-gun extremists are beating drums about the downfall of civilization if the high court upholds the individual right,” Gottlieb stated, “we believe that the time has come for the Second Amendment to take its place as the Constitution’s insurance policy against tyranny and as our guardian against unjust laws that leave us defenseless against a growing criminal element.”

The Second Amendment Foundation is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

Update 8:20 AM: As outspoken as I am, I still wouldn’t have said this even though I think it is true (page 4):

United States v. Miller, 307 U.S. 174 (1939), suggests an interpretation that is different from petitioners’, and more facially plausible, namely that private citizens might have a right to possess weapons that are “part of the ordinary military equipment or [whose] use could contribute to the common defense.” Id. at 178. This test (which is not Miller’s holding) implies that American citizens have a right to possess at least those weapons that an unaided individual can “bear” and that “could contribute to the common defense.” Today this would include, at a minimum, the fully automatic rifles that are standard infantry issue, and probably also shoulder-fired rockets and grenades.

That should generate some PSH.

Update 8:40 AM: I like this (page 15):

The militia has always been a small subset of “the people” whose right to keep and bear arms is protected by the Second Amendment. James Madison, for example, estimated that the militia comprised about one-sixth of the population when the Constitution was adopted.

Most obviously, women were not part of the eighteenth century militia, nor are they included today (except for female volunteers in the National Guard). Women, however, have always been citizens and thus part of “the people.” See, e.g., Minor v. Happersett, 88 U.S. 162, 165-70 (1874) (although women did not have voting privileges, they were part of “the people” who ordained and established the Constitution, and they have always been citizens). Just as women have always been covered by the First Amendment’s “right of the people” to assemble and petition for redress of grievances, and the Fourth Amendment’s “right of the people” to be secure from unreasonable searches and seizures, women have always had the same Second Amendment rights as men.

Women have rights? Who would have guessed? Certainly not the D.C. anti-gun bigots.

Update 8:50 AM: From page 17 and 18 we have another great point:

The opposite form of noncongruence was also significant. Those who were physically unable to perform militia duties, as well as those aged 45 and older, still had all their political rights, including the right to vote. Besides the numerous men in these categories, many other citizens were legally exempted from militia duties.28 Thus, many men with full political rights were not subject to militia obligations. The noncongruence of the militia and the people points to another fatal defect in petitioners’ interpretation of the Second Amendment. Nothing in the Constitution purports to forbid Congress from exempting everyone from militia duties, as this Court has recognized. 29 It would be absurd to conclude that if Congress effectively abolished the militia by enacting such a universal exemption, the right of “the people” to keep and bear arms would thereby vanish. Congress cannot abolish this constitutional right of the people by abolishing the militia. Neither can the right be limited to contexts in which its exercise contributes to the functioning of an organized militia that Congress is not even required to maintain.

Update 9:05 AM: One should not retain the impression that SAF is arguing for the private ownership and use of machine guns and RGPs. They say:

[A] significant gap has developed between civilian and military small arms. Eighteenth century Americans commonly used the same arms for civilian and military purposes, but today’s infantry and organized militia are equipped with an array of highly lethal weaponry that civilians do not employ for self defense or other important lawful purposes. The Constitution does not require this Court to blind itself to that post-Miller reality, or to hold that the civilian population has a right to keep every weapon that the militia can expect to find useful if called to active duty.

Vote early, vote often

An email I received from Joe Waldron:

Oklahoma Republican Senator (and medical doctor) Tom Coburn is leading
the fight in the Senate to force the Dept of the Interior to open
National Parks to concealed carry. He’s running a poll on his web site
to demonstrate support for the idea.

Recall back in the 90s, the Park Service decided to arm some of their
rangers. It wasn’t because of the bears, it was because of the
two-legged predators who prey in our parks. Park Service rules should
be the same as National Forest rules: follow state law or simply allow
law-abiding citizens to carry.

V/R,
Joe Waldron

Middle of the page, lower center.

Should law abiding citizens be permitted to carry guns in national parks?

http://coburn.senate.gov/public/

Quote of the day–Benjamin Franklin

Laws too gentle are seldom obeyed; too severe, seldom executed.

Benjamin Franklin

Very cool (and wet)

Via Sebastain we have this awesome picture. I love the balls of water suspended in the air. Today we can see things that a 100 years ago people probably didn’t even imagine.

Community policy

Paul Helmke of the Brady Campaign to Prevent Gun Violence made this statement (and here) the other day:

These incidents all highlight the tensions involved when individuals argue that their “personal liberty” outweighs the rule of law and trumps community policy as decided by our governmental systems.

I presume this means we should just ignore the “personal liberty” issue if it is in conflict with community policy because of the tension it causes. Here are some other community policy issues decided by our governmental systems that I’m certain Helmke will agree with:


From Leavenworth, WA September 2, 2007. Notice the weapons prohibition on the right.


From St. Louis Missouri, August 13, 2006.

And here are thousands of more laws and regulations affecting the possession and use of firearms. “Community policies” that severely restrict and in some cases ban the exercise of a constitutionally guaranteed right. And according to Helmke’s organization all these thousands of laws are not enough. The “community policies” get a “failing score” in his world view.

I can’t help but note the similarities between the “community policies” above and those from not too many years ago. Then, as now, there were people who argued their personal liberties trumped “community policy” and it caused tension.

[Except where noted the following pictures are from About.com: African-American History.]

From http://www.cah.utexas.edu/ssspot/lesson_plans/lesson_10.php
From http://www.cah.utexas.edu/ssspot/lesson_plans/lesson_10.php

And here are some laws representing “community policy” Helmke should feel comfortable with.

Helmke and friends argue they just want to prevent violence. They argue they just want “common sense” laws. They argue no business should be forced to allow “those people” on their premises. They argue no colleges/university should be forced to allow “those people” on their campus. They argue “those people” should be fingerprinted and registered by the government.

Those arguments are the same as those of the Jim Crow era and are no more valid.

The other similarity that cannot be ignored–same political party has been claiming “community policy” should not be trumped by constitutionally guaranteed personal liberties. Democrats–the party of bigots.

Quote of the day–Louis D. Brandeis

Our government… teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.

Louis D. Brandeis
[Brandeis could have been talking about me. I’m a great believer in playing by the rules of your enemy. If the government declares me, via ignoring the law, their enemy then I figure I can play by the same (lack of) rules.–Joe]

Next on the restricted materials list

I’ve long ranted about the futility of restricting explosive materials. Most of the time I’m a little circumspect on the details but after this massive explosion some news sources aren’t so circumspect:

Sugar dust is just one of a variety of forms of dust that can, under the right circumstances, combust and cause an explosion.

Explosions are not uncommon in places like grain silos, but have been known to happen in sugar factories in the U.S. and abroad, much like the one in Georgia Thursday.

The dust itself can be created in a variety of ways during the refining process.

Anything from sparks from machinery to a lit cigarette could have ignited the blaze.

The dust also has to have a certain concentration to support combustion fast enough to maintain the explosion.

Those are 100 foot high silos in the picture below.

Lets see them restrict access to sugar! It’s for the children…

Boomershoot spectators email list

I just created a new Boomershoot email list.

People planning to be spectators sign up for emails about the event by sending an email to spectators-subscribe@boomershoot.org. There is no requirement to sign up in order to be a spectator but it will get them information about the Saturday night dinner and weather forecasts when the information becomes available.

Second Amendment Blog Bash

May 16-18 is the NRA convention and the Second Amendment Blog Bash in Louisville. Initially I said I would wait and think about it until April or so. Uncle told me to make my reservations then cancel later if I decided to because the hotels fill up quickly.

I procrastinated* for a month or so and Kevin started asking if I was going. I talked to Barb and we decided if she didn’t have to work that weekend we would go. I looked it up on the calendar and found out she had to work and couldn’t go. So told Kevin no and dropped it.

Last week Barb said she wanted some time with her sister in California. I prefer to avoid repressive regimes** so Barb suggested she would go to California sometime and and I could go to Louisville.

I just finished making my reservations. I got a non-smoking King bed at Red Roof for $55.50/night (Fri and Sat, Thu and Sun it’s $45/night). Most of our group is staying at the Executive Inn but it is full. Red Roof is about two miles from the Executive Inn and Convention Center so I rented a car. I’ll willing to give people rides if you want to stay at Red Roof or the Super 8 next door.

See you in Louisville!


* Xenia, this is not justification for you to indulge yourself in the bad habit you inherited from me.
** Peoples Republic of Kalifornia, not Barb’s sister.

Ray Chapman died

Jeff Cooper is gone and now so is Chapman.

[Heavy sigh]

Amicus Academics for the Second Amendment

Here is a draft of the brief in the Heller case from Dave Hardy. He reports the final will be probably be available tomorrow morning.

I haven’t read it yet either. I’m working on it…

Update 10:15 AM: I really like this point (page 5):

Petitioners’ position is that the Framers intended the Second Amendment to protect only possession of arms in connection with a well-regulated, i.e. government-organized, militia.

This presents us with an anomaly: an “individual right” that exists only if the government implements it by statue. Indeed, Petitioners argue that Respondent is himself outside the protection of the Second Amendment, because he is outside the Federal militia age range. […] Apparently this is a constitutional safeguard void where prohibited by law.

Update 10:35 AM: The “federalist mantra”, pages 21 and 22, is new to me. I like this. It so clearly shows the original intent.

Update 10:50 AM: Another thing that is new to me and that I really like (page 30): “Madison and the First Congress knew of the sensitivity of Americans on the arms issue. Calls for a right to arms had been voiced in five Conventions, compared to three calls for freedom of speech, and only one for a guarantee against double jeopardy.”

Update 2/11/2008: Here is the final version: 07-290_amicus_academicsforsecondamendment.pdf (232.09 KB)

The Joy of Sex gets modern makeover

I have had a copy of Joy of Sex and More Joy of Sex since shortly after they came out. Now there is a much updated new version, The New Joy of Sex, due to come out in September. If you can’t get expert personal training then reading a book is the next best thing. This will probably be one of the better books on the market.