Just say no

Advice from the NRA, when the jack-booted thugs ask for the serial numbers of your guns, just say no:

On the other hand, some of the agents have used heavy-handed tactics.  One reportedly demanded that a gun owner return home early from a business trip, while another threatened to “report” an NRA member as “refusing to cooperate.”  That kind of behavior is outrageous and unprofessional. 

Whether agents act appropriately or not, concerned gun owners should remember that all constitutional protections apply.  Answering questions in this type of investigation is generally an individual choice.  Most importantly, there are only a few relatively rare exceptions to the general Fourth Amendment requirement that law enforcement officials need a warrant to enter a home without the residents’ consent.  There is nothing wrong with politely, but firmly, asserting your rights.

Quote of the day–Kenneth Chinran

Population pre-event, fifteen million. Population post-event, ten million and dropping. Four Operatives. My share of the initial casualty count was one million, two hundred and fifty fucking thousand people. The number was meaningless except as a strategic calculation and a sick, horrible comment percolated thorough my thoughts.

I. Am. A. Weapon. Of. Mass. Destruction.

Kenneth Chinran
A character in the book The Weapon, Page 440.
By Michael Z. Williamson
[A few days after I made this post on April 1 2008 Freehold and The Weapon showed up on my desk at work courtesy of Tony. As Jim said, “Joe, if you haven’t read Freehold and The Weapon by Michael Z. Williamson you really ought to, they describe your ‘April Fools’ scenario almost to a T.”

I don’t have much time for reading dead tree stuff but I put these books on the top of my stack. I finished Freehold in about three or four months and I currently have only a handful of pages left on The Weapon. They are very good books. Had I decided to take the time they would have been the type of book I would have read straight through stopping only to tell Barb to leave me alone–I really didn’t need to eat or sleep yet.

Being an engineer I would have liked more detail on some things. But being a good engineer I can figure out the details for myself should I have the need.

Sleep well.–Joe]

Quote of the day–Chris

Sheep have no use for fangs and claws. But they become acquainted with them anyway.

Chris
June 16, 2009
In a comment to Totems.
[I frequently think of sheep when I see and hear of these type of people too. And I feel sad for them.–Joe]

Quote of the day–L. Hope

I can see that our politicians haven’t cornered the market on stupidity and insanity. I think after a liberal/progressive person gets to a certain age, they should have a net thrown over them and hauled away somewhere. The longer they are liberal, the crazier they get.

L. Hope
Baldwinsville, USA
June 15, 2009
In the comments to First ‘anti-stab’ knife to go on sale in Britain
Via Jeff.
[In a sense I think L. Hope is right. They are, in a sense, crazy. What I think is going on is that they do not or cannot understand the complexities of the real world. They believe central planning/control by “the right people” will result in a better result than letting people make their own decisions and being responsible for their own well-being  When unintended consequences happen they think they need to exercise more control rather than understanding there are people just as smart, if not smarter, working to defeat their controls and even take advantage of those controls to their advantage. Hence criminals take advantage of disarmed people by nearly risk free home invasions. The disarming of the population made the home invasions possible with only a knife as a weapon. This sort of thing is repeated on a massive scale in the black market, taxes, prostitution, gambling, etc. Government controls, implemented with the best of intentions, almost always create more problems than they fix. The person that believes government can solve everything keeps thinking “just one more law” when a new problem shows up that was caused by the previous law. Eventually, such as in this case with the “anti-stab” knife, outsiders realize the proponent of government control is in some sense insane. But unless one or more of the five conditions are broken the people on the inside will not only fail to realize their insanity but will proselytize even more. This happens even when the proponents are facing near certain death. Read up on Joseph Stalin and his supporters sometime.

The only real solution that I know of is to remove the social support for their delusions. Point out their insanity. Rub their noses in it. People that have do not have the commitment to the “cause” need to be made aware and then join in on the public humiliation of the proponents of the insanity.

If we fail to stop the insanity early enough we run the risk the next Joseph Stalin will take over the reins of power of a system intended for use only by “the right people” with predictable and catastrophic results. And even after tens of millions have died there will still be people saying Stalin was a great leader. I believe there are some forms of insanity which are not completely curable and liberalism/communism/progressivism/socialism/statism may be one of those. The best we can do is to remove them from power and ignore them as they spout their mad ravings in public.–Joe]

Quote of the day–Ben Franklin

Freedom is not a gift bestowed upon us by other men, but a right that belongs to us by the laws of God and nature.

Ben Franklin
[I’m amazed at how many people get this wrong.–Joe]

Quote of the day–Mikee

Because courts have decided that people have an inherent right to use condoms to protect themselves and others during acts of consensual sex (surely an optional activity for both parties), they cannot rule that people do not have an inherent right to use firearms to protect themselves and others during acts of non-consensual violent attack (surely a non-optional activity for the victim of attack).

Mikee
0926, June 11, 2009
Comment to Second Amendment Might Be Back on Its Way to Supreme Court via Say Uncle.
[Contrast to James Kelly saying, “…the right to own a gun as a relatively meaningless, one-dimensional freedom, and thus interpret the banning of handguns as merely a minor disappointment to the minority of people concerned…”.

Which way will the courts ultimately decide?–Joe]

Tingles and tears

This post by David made my back and neck tingly for a good five seconds followed by my eyes welling up with tears.

Quote of the day–Dave Workman

Gun control, as a philosophy and as a political mechanism, is a flimsy sham. It has become a smoke screen behind which its proponents hide two simple facts: 1) they are more interested in controlling the public than reducing crime, and 2) they are incompetent when it comes to reducing crime.


Dave Workman
May 29, 2009
Gun control laws target wrong people, don’t stop violence
[It’s preaching to the choir but it helps to reinforce the talking points.–Joe]

It depends on what your definition of ‘or’ is

Following a link from Sebastian on efforts to block importation of common knives I found this:



Our interpretation of 15 U.S.C. § 1241(b) and 19 CFR 12.95(a)(1) is supported by case law. In Demko v. United States, 44 Fed. Cl. 83, 88–89 (Fed. Cl. 1999), the Court of Federal Claims, in analyzing a regulation regarding the grandfathered sale of ‘‘street sweeper’’ shotguns, recited the following interpretations of the word ‘‘or’’ as used in statutes and regulations:



‘‘Generally the term ‘or’ functions grammatically as a coordinating conjunction and joins two separate parts of a sentence.’’ Ruben v. Secretary of DHHS, 22 Cl. Ct. 264, 266 (1991) (noting that ‘‘or’’ is generally ascribed disjunctive intent unless contrary to legislative intent). As a disjunctive, the word ‘‘or’’ connects two parts of a sentence, ‘‘but disconnect[ s] their meaning, the meaning in the second member excluding that in the first.’’ Id. (quoting G. Curme, A Grammar of the English Language, Syntax 166 (1986)); see Quindlen v. Prudential Ins. Co., 482 F.2d 876, 878 (5th Cir. 1973) (noting disjunctive results in alternatives, which must be treated separately). Nonetheless, courts have not adhered strictly to such rules of statutory construction. See Ruben, 22 Cl. Ct. at 266. For instance, ‘‘it is settled that ‘or’ may be read to mean ‘and’ when the context so indicates.’’Willis v. United States, 719 F.2d 608, 612 (2d Cir. 1983); see Ruben, 22 Cl. Ct. at 266 (quoting same); see also DeSylva v. Ballentine, 351 U.S. 570, 573, 100 L. Ed. 1415, 76 S. Ct. 974 (1956) (‘‘We start with the proposition that the word ‘or’ is often used as a careless substitute for the word ‘and’; that is, it is often used in phrases where ‘and’ would express the thought with greater clarity.’’);


Emphasis added.


They go on to conclude:



In New York Ruling Letter (‘‘NY’’) G83213, dated October 13, 2000, CBP determined that ’’a folding knife with a spring-loaded blade [which could] be easily opened by light pressure on a thumb knob located at the base of the blade, or by a flick of the wrist’’ was an ‘‘inertia-operated knife’’ that ‘‘is prohibited under the Switchblade Act and subject to seizure. See 19 C.F.R. §12.95 (a)(1).’’ In NY H81084, dated May 23, 2001, CBP determined that 18 models of knives ‘‘may be opened with a simple flick of the wrist, and therefore are prohibited as inertial operated knives.’’ In HQ 115725, dated July 22, 2002, CBP determined that a ‘‘dual-blade folding knife’’ in which the ‘‘non-serrated blade is spring-assisted [and] is opened fully by the action of the spring after the user has pushed the thumb-knob protruding from the base of the blade near the handle to approximately 45 degrees from the handle’’ ‘‘is clearly a switchblade as defined in § 12.95(a)(4) (Knives with a detachable blade that is propelled by a spring-operated mechanism and components thereof.)’’


Again, emphasis added.


So now it appears you can be prosecuted for possession of a switchblade knife if the spring holding the blade shut is broken. It’s the Olofson case applied to knives. And it appears they are pushing toward calling any knife you can open with one hand as a switchblade. And who does the testing to determine if whether the knife “may be opened with a simple flick of the wrist”? Will the Bureau of Alcohol, Tobacco, Firearms, Explosives, Knives, and Sharp Pointy Sticks have labs full of technicians with calibrated wrists such that you can send your knife in for periodic testing to make sure the retention spring hasn’t gotten too weak?


I have to wonder if a Second Amendment test case can’t be brought up on knives in one of the states in the 9th Circuit where incorporation has already been made (or in D.C.). What is the government going to say, “Sure, the Second Amendment guarantees you the right to carry a handgun to defend yourself but we can’t let people own something as dangerous as a knife in their own home! Think of the children!“? Actually, they might. But it would be pretty funny seeing them laughed out of court when they do.


Update: I just figured out how to open my Spyderco Delica “with a simple flick of the wrist”. I think I can use the same method with nearly any folding knife. It’s easier and faster to open my Delica one-handed the way it was intended but still it appears that that if the criteria is “may be opened with a simple flick of the wrist” to define it as a “switchblade” and hence it’s outlawed then it’s game over man. We then will have to go to the courts to be able to carry a folding knife.

Quote of the day–Ben Franklin

This will be the best security for maintaining our liberties. A nation of well-informed men who have been taught to know and prize the rights which God has given them cannot be enslaved. It is in the religion of ignorance that tyranny begins.


Ben Franklin
[I can’t say that I disagree. The problem is that people have not been taught to know and prize their rights. Ignorance has been a big part of our country’s downfall. People vote for politicians promising perceived benefits without glimmer of recognition there might be unintended consequences.–Joe]

Quote of the day–Wilhelm Reich

The fact that political ideologies are tangible realities is not a proof of their vitally necessary character. The bubonic plague was an extraordinarily powerful social reality, but no one would have regarded it as vitally necessary.


Wilhelm Reich
[I’m thinking of dominate political ideologies of Democrats and Republicans. Extraordinarily powerful social realities with the utility of the bubonic plague. That sounds about right.


The major political parties appear to have no principles or underlying philosophy. As near as I can tell they are merely coalitions of people in desire of fame/power/money. Political ideologies based on consistent philosophies such as the Constitution Party or the Libertarian Party are for the most part unable to achieve power. This is in part because they are consistent philosophies which makes them less willing to compromise.


I sometimes fantasize of creating a political system that makes such coalitions of zero or negative value but have been unsuccessful of anything approaching something feasible. I keep coming back to enumerated powers such that the coalitions can’t exceed certain boundaries. We tried that once and look at what we have now. There needs to be a “Fourth Branch of Government” or something that does nothing but permanently nullify laws and remove politicians who voted for them from government if something like 10% of the members think the law violates the constitution.–Joe]

Can We Put This to Rest, Please?

I don’t know how many times I’ve heard from an anti-rights activist; “There are ‘Reasonable Restrictions’ on all rights…” as an attempt to convince us that gun restrictions, in and of themselves, are not necessarily a bad thing, but it’s been a lot.  As often as not, the pro-rights advocate falls for it, too.


The main argument the anti uses is the old, “You can’t yell ‘Fire!’ in a crowded theater” meme as an example of a Reasonable Restriction on a constitutionally protected right (you can’t yell “fire” in a crowded theater, therefore your second amendment rights are null and void.  QED).


Oh please!  Seriously; when has fraud been a candidate for the title “free speech”? 


Anyone?


It is a malicious fraud to yell “Fire!” if there is no fire.


The first amendment does not protect fraud, libel, slander, or incitement to illegal violence as “free speech” any more than the second amendment protects armed robbery and murder as an integral part of the right to keep and bear arms.  It says, “…the right of the people to keep and bear arms, shall not be infringed”.  It doesn’t say, “…the right of the people to keep and bear arms and to threaten, to rob or to kill anyone they wish, shall not be infringed”.


We can readily accept laws against robbery, aggravated assault, and murder without our second amendment rights being threatened in the least.  “Keeping and bearing” arms has nothing to do with committing crimes using said arms.  Keeping and Bearing is absolutely protected, and, well, crime is crime.  Can you say, “Duh”?  Everyone together now;  “Derrrrrr!”


Can we please not, ever, allow the old (says in a snotty tone) “Well, there are plenty of Reasonable Restrictions on other rights, and I don’t see YOU opposing with THOSE” argument to get any traction whatsoever?

Pravda Criticizes U.S. Descent into Socialism

I never though I’d see the day. I recall listening to Radio Moscow, pre Gorbachev, on HF (that’s “shortwave radio” to most) as they blasted the U.S. and her evil capitalist ways. They did it in English, using an announcer who sounded like your favorite uncle from Texas. Now our own government officials sound much like Radio Moscow’s English service did in those days, but more strident.

Via the Rush Limbaugh radio show, I heard Pravda is criticizing us for our “descent” into socialism.

Things are bad when Pravda says we’ve gone too far to the left.

Pravda’s web server seems to have melted. It worked just minute ago, but when Rush mentions a web site it usually spells “meltdown”. Keep trying. You have to see it.

Quote of the day–Thomas Jefferson

That government is best which governs the least, because its people discipline themselves.


Thomas Jefferson
[One might reasonably conclude that the bailout of the automobile and banking industries is evidence that this principle has been forgotten in the years since Jefferson help found this nations government. But then what do I know? I’m not the constitutional law professor who actually respects the constitution like President Obama.–Joe


Update October 28, 2012: This is a bogus quote. Thoreau said essentially this if you want to quote someone famous on this topic.]

Is that all it takes?

My jaw dropped after reading this:



What started out as a report of a man drunk and passed out in his car at a Franklin restaurant early Saturday morning led to federal agents searching a storage facility.



Officers received a call at 4 a.m. of a man passed out at the Steak n Shake on Carothers Parkway. Police arrested the man, Timothy Tyndall, and found a gun, ammunition and marijuana in his car.



While he was being questioned by authorities, Tyndall said he had chemicals stored at a facility that were capable of making hydrogen gas, a highly flammable substance.


Officers raided Tyndall’s storage unit in Cool Springs and found half a dozen containers of chemicals. Agents with the ATF and FBI examined the chemicals and found they were not capable of exploding.


Having the chemicals capable of making hydrogen gas is that all it takes to get “raided”?


If your home has water and electricity then you too have the capability of making hydrogen gas.


When you can get a judge to sign off on a search warrant when given evidence someone has the capability of making hydrogen gas the 4th Amendment is completely, totally, without meaning–as opposed to the minor speed bump that is now.

Quote of the day–Fred Woodworth

If human beings are fundamentally good, no government is necessary; if they are fundamentally bad, any government, being composed of human beings, would be bad also.


Fred Woodworth
[I think Woodworth overlooks some fundamental issues with things like his opposition to profit in economic relationships and ownership to raw land but I think he makes some valid points about the non-utility of government.–Joe]

Quote of the day–Josh Horwitz

It’s time for all advocates of gun violence prevention to stand together and demand principled action from our elected officials. Capitol Hill needs to receive a clear message—they cannot continue to ignore a majority of Americans in order to do the gun lobby’s bidding without paying a price at the ballot box.

Josh Horwitz
Email newsletter
May 26, 2009
Executive Director, Coalition to Stop Gun Violence
[Poor Josh, he’s such a Sad Panda. No one is listening to him anymore.

I’ve always wondered what “principles” they adhere to. It’s not some sort of advocacy of safety as they hint at on their web site. If it were then they would be able to answer Just One Question. It’s certainly not constitutional principles or freedom/liberty. As near as I can tell it’s some modern day equivalent of “We don’t want no damn n**gers around here.” It’s no wonder people don’t pay attention. Bigotry is such an ugly thing.–Joe]

Quote of the day–Richard K. Willard

The link between handgun legality and aggregate crime levels has little constitutional significance. The purpose of the Second Amendment’s right to keep and bear arms is to allow individuals to privately protect themselves, not to reduce overall crime rates or curb gun-related accidents. … The framers knew that an individual right to keep and bear arms would carry with it the risks of crime and accidents, just as an individual right to speak freely carries with it the risk of libel. Faced with these trade-offs, the framers deliberately chose a form of government that can accept such risks as the price for protecting individual liberties.


Richard K. Willard
February 11, 2008
D.C. versus Heller
Brief Amicus Curiae Of The Heartland Institute in support of respondent
[This one is for Lyle. Who, rightly so, says safety is irrelevant to the constitutionality issue.–Joe]

More evidence of security theater

Breda conclusively demonstrates TSA is nothing but security theater. As conclusive as that story is I could tell better stories than that–but the statute of limitations hasn’t expired yet.


TSA, it’s A Security Theater.

Safety Shmafety

We in the pro-freedom camp (Americans) spend too much time arguing about safety.  Or rather, we argue safety far too often in the terms laid down by our enemies– the enemies of liberty.  Though the statistics are often on our side, we’re granting the basis for the argument (that government exists to promote the physical safety of the individual) to the enemy.


Wrong premise.


Too many police departments, for example, call themselves Departments of Public Safety and the like.  That’s not their function, per se.  Their proper function is to enforce the law and the primary purpose of law, in the uniquely American sense at least, is to promote and protect your rights.  That this function has been corrupted over the years does not change the original intent.


The American Revolution was indeed fought for safety, but the safety so dearly bought therein was a rather different kind of safety from that promoted by the neo-Fascists.  It wasn’t the kind of safety taught at your local public school.  It wasn’t the kind of safety we’re training for in a fire drill or in a drivers’ education class.  That kind of safety is properly the responsibility of the individual or of private interests.


The kind of safety for which the Revolution was fought and for which the constitution was written is safety from government interference– safety from the enemies of liberty both foreign and domestic.


Historically, out-of-control governments have presented a danger to public safety far greater than all common criminal activity and standard physical danger combined.  Some government or left-wing hack asserting that we need more government intrusion as a means of promoting “safety” is a bit like advocating mass sex orgies for the promotion of abstinence.


When we’re arguing safety and public policy then, we need to make it clear beforehand which particular kind of safety we’re discussing– the safety of subjects owned by the government (the safety of tyrants and sycophants) or the safety of a free people.  They are near polar opposites.