Quote of the day–Jack Brian McGee

During the eighteenth and nineteenth centuries, not a single American political theorist or legal commentator on the Constitution ever suggested a collective rights interpretation of the Second Amendment. Joel Barlow, for example, writing in 1792, argued that in a democracy “the people will be universally armed: they will assume these weapons for security, which the art of war has invented for destruction”. Only tyrants, he wrote, “disarmed their people”; “[a] republican society”, he argued, “needed armed citizens”.

Jack Brian McGee
Brief of the Alaska Outdoor Council, Alaska Fish and Wildlife Conservation Fund, Sitka Sportsman’s Assoc., Juneau Rifle and Pistol Club, Juneau Gun Club, and Alaska Territorial Sportsmen, inc. as amici curiae.
[Only tyrants disarm their people. Remember that.

Only 11 more days until the oral arguments.–Joe]

I always wonder about these things

Are these people interested about what I have to say in a friendly manner? Or are they gathering material to put in my file?

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Country  :  United States  (Facts)
State  :  District of Columbia
City  :  Washington
Lat/Long  :  38.9097, -77.0231 (Map)
Distance  :  2,071 miles
Language   English (U.S.)
en-us
Operating System   Microsoft WinXP
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I MUST get a copy of this book

Jonah Goldberg’s Liberal Fascism is at the top of my must read list. Unfortunately the audio version isn’t out yet and I have a very large stack of paper books that I haven’t read beside my bed already.

My latest urge to get this book was fueled by Initial Thoughts… from Musings of The GeekWithA.45. Uncle and Kevin are also impressed with his post.

Last night while watching Farscape with son James I told him he must read the Geek’s post. It’s just wow!

Government created crime

As I have said before, a lot of crime is created by the government. Here is a great article with the details of one such area.

As street values rise, gun thieves get bolder

Most of us know the gun debate as a war of words – a battle of sound bites between this side and that.

The real front lines are on the streets, where good guns try to hold back the bad ones, and no one takes the time to hold rallies, give speeches or argue about the Second Amendment.

There, the struggle is as intense as ever.

“In so many murders and robberies, the weapon of choice is a gun,” said Norfolk Police Chief Bruce P. Marquis. “Millions are being manufactured every year, and we know a lot of them end up in criminals’ hands. We put a higher priority on taking guns off the streets than we do drugs.”

But clamping down on firearms can have an unintended effect.

“You create a market when you tighten things up,” Garfield Headlam said.

He should know. Headlam is serving a 10-year prison sentence for operating a gun-running ring out of Norfolk in the late 1990s. His customers lived in Washington, D.C., where handguns have been outlawed for more than 30 years. Saturday night specials were Headlam’s bread and butter.

“You could make a 300 percent profit on those,” he said. “Buy ’em from the gun shop for $89 to $150. Cheap quality. That’s what they wanted up there.”

Money like that has made gun runners bold. Fourteen Virginia gun shops were burglarized last year, including six in Hampton Roads. In two of the cases, thieves sawed a hole in the roof and used ropes to drop inside. In another, armed men forced a clerk to the floor and walked out with 75 handguns.

Junk mail tool

I found the following line here:

Want to find some tools for fighting junk email?

It made me laugh. Actually a pretty good argument could be made for imposing the death penalty on people that send mass junk mail–assuming that sending junk mail should be considered a crime. As much as I hate spam I don’t think it should be a crime, but the argument for making the offense punishable by the death penalty is an interesting intellectual exercise for me. I may have hinted at it here before, I’ll have to see if I can find it and flesh it out a bit more sometime.

Naive people

An ATF whistle blower got demoted and had other problems:

Edgar A. Domenech says he thought Justice Department officials would welcome information about mismanagement at the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Instead, the 23-year ATF veteran says, Justice officials ignored his complaints and later retaliated against him by demoting him, denying him a bonus and attempting to give him a poor job review.

“I realized I was committing career suicide at the time, but I felt I had a moral obligation as the deputy director to protect the agency and the men and women of the agency,” Domenech said in an interview yesterday. “In retrospect, I was naive to believe that the department would welcome my honesty.”

Domenech filed a 13-page complaint yesterday with the Office of Special Counsel, saying that ATF and the Justice Department punished him for raising questions about the performance of former ATF director Carl J. Truscott, who resigned in August 2006 while under investigation for alleged financial mismanagement.

I know from personal experience that people in power do not follow the rules and will find a way to harm you if they decide that is what they want to do. We do not have a “Justice System”. We have “Legal System”. It will not protect you. At best it will give you an opportunity to compensate you for your losses.

In larger terms what this means is that abuse of power is seldom prevented by the legal system. Only when it becomes egregious and a large majority of people demand the abuse stop will it actually take place. Case in point is the ATF and their abuse of firearms owners and dealers. ATF Special Agents who read Brady scripts to the press should be prosecuted for violation of 18 USC 242 but what Federal Prosecutor is going to take on that case? The prosecutor who should be building a case to put the agent in jail is a work associate of of the ATF agent. It’s no different than law enforcement and prosecutors not caring if a few blacks get lynched every once in a while. It may be against the law but, basically, their reasoning will go, the people that did it are “good people” and don’t deserve to have their careers ruined over something like that. “It just doesn’t matter, it’s only about about 10%” (inside “joke” for people that know my sociopathic ex-friend Walter).

In most cases law enforcement will not protect you from government abuse of power. Only you can protect yourself. Naive people believe we have a system of laws that will protect us. But the examples of this not being true are too numerous to even attempt to count.

That is why we have the 2nd Amendment. It is the last ditch guardian of inalienable rights.

What if the 1st Amendment were treated like the 2nd?

Since the Federal government has a huge regulatory agency charged with the regulation and taxing of a right guaranteed by the 2nd Amendment why not expand it or create a new agency charged with regulation and taxing of the 1st Amendment? It seems entirely in line with those that admit we have an individual right to own firearms but claim that right can be restricted. Those same type of regulations should be considered “reasonable” when applied to the 1st Amendment, right?

Doesn’t having to get a license involving fingerprints and a background check before you can attend church sound like a good idea? Opening a new church would, of course, require a license, an environment impact statement, and noise abatement plans. And no churches could be located within five miles of a school or public park.

You should fill out the equivalent of a 4473 and get a NICS check before you can write a letter to the editor. And of course there would be a government mandated 10 business day waiting period before it could be published.

All the complaints about the lies by the media would all be solved if we just had better government regulation. Reporters and editors of all media types would be required to keep meticulous records in bound books showing they had properly researched each story. The books could be viewed by government inspectors anytime there was a claim of a falsehood in a story. The entire news organization would have all their computers, printing presses, and printed material seized before they even heard the specifics of the “Federal Press Laws Violations” let alone had their day in court.

“Free-Speech Free Zones” would extend for 1000 feet around schools and in our National Parks. Anyone with a pamphlet, newspaper, magazine, voice or music projection device, Bible, or any other religious printed matter or symbols within ready access of an occupant of a vehicle could be charged with a crime.

That’s just a very, very small sample of what would be possible if the analogs of the laws and regulations imposed on the 2nd Amendment were imposed on the 1st Amendment.

Remember what Alan Dershowitz had to say:

Foolish liberals who are trying to read the Second Amendment out of the Constitution by claiming it’s not an individual right or that it’s too much of safety hazard don’t see the danger of the big picture.  They’re courting disaster by encouraging others to use the same means to eliminate portions of the Constitution they don’t like.

Alan Dershowitz
Quoted in Dan Gifford
The Conceptual Foundations of Anglo-American Jurisprudence in Religion and Reason
62 TENN. L. REV. 759 (1995)

Not a holocaust–but you are inviting one

Showing questionable restraint Israel fired a few missiles recently:

Israeli aircraft fired missiles at the office of Hamas Prime Minister Ismail Haniyeh in Gaza City, escalating an offensive aimed at halting Palestinian rocket attacks.

Israel says the attack is a message that it is now targeting the political leaders of Hamas, the Islamic militant group that rules Gaza. Hamas refuses to renounce violence or recognize Israel.

Had Cuba been firing multiple rockets into Florida every day for months do you think we would have just fired a few missiles back? I can’t imagine people expecting anything less than encouraging non government leaders in Cuba to find refuge with friends and relatives elsewhere while our military exterminated all the vermin and started rebuilding with the only communists allowed back on the island being members of the MSM.

Instead Israel tried to get in a rational discussion with those that are irrational:

“Nothing will prevent us from striking at the terrorist organizations responsible for rocket attacks,” Mr. Olmert said. “He said that no one has the moral right to preach to Israel for exercising its legitimate right of self-defense.”

Responding to the bloodshed, the internationally-backed Palestinian government in the West Bank suspended peace talks with Israel.

Palestinian President Mahmoud Abbas described the Israeli actions in Gaza as a “holocaust.” Mr. Abbas has suspended Mideast peace talks in protest at Israel’s military offensive against Hamas militants in the Gaza Strip.

No, it’s not a holocaust. But if they do not get the message (see the first quote above) they are inviting a demonstration of the difference between their current situation and a true holocaust.

I suck at that too

Roberta X says she sucks at shutting up and doing what she is told.

I have that same “problem”. Ask anyone in my family. Vivid examples date back to at least early grade school when my conflicts with Mrs. Cole became legends. More recent examples involved the court system.

Common sense is not a prerequisite for security rule

Instead of screaming bloody murder about the TSA (A Security Theater) Gail Todd chides the victim. The background is here:

When reader Marlys Powers prepared for a flight to visit her daughter in Phoenix, Ariz., she purchased a vinyl see-through bag to hold all her toiletries. She packed the bag with 3-ounce bottles of shampoo, lotions and toothpaste, as well as her toothbrush and hairbrush.

Marlys thought it would make it easier for security to see what was in her carry-on bag. Security didn’t see it that way. Because it wasn’t a quart-size bag, they took the lady aside and placed her in a private room for a thorough pat down.

After confirming she wasn’t carrying any concealed weapons, they told her they would have to confiscate all her 3-ounce bottles because they weren’t in an acceptable-size plastic bag. Then one agent discovered something else: two sandwich bags filled with cookies and banana bread Marlys was taking to her grandchildren.

The agent told her if she could combine her treats into one of the bags, she could use the other to stow her plastic bottles — which she did. The agent placed that plastic bag back inside her original plastic container and told her to have a good flight — which she didn’t.

Marlys had already missed her flight. And because all carriers were overbooked, she spent several hours standing by for a flight with an empty seat.

While packing all your personal items in a single plastic bag might sound like a sensible thing to do, remember that common sense is not a prerequisite for security rules. And if it doesn’t adhere strictly to the rules, it won’t fly — and neither will you.

She goes on to inform her readers how to avoid this by following the rules exactly. It doesn’t matter they don’t really make sense and are totally ineffective at preventing weapons from getting on planes. But Ms. Todd apparently lives in or near Chicago so it’s not too surprising that she uncritically accepts government tyranny as just part of everyday life.

One book I won’t waste my money on

I listen to a lot of Audible.com books on my long commute (300 miles one way) between Moscow Idaho and Redmond Washington. This is one book that I can see raising my adrenaline level to “no sleep for you tonight” levels. From Audible:

In a hard-hitting and provocative polemic, Silicon Valley insider and pundit Andrew Keen exposes the grave consequences of today’s new participatory Web 2.0 and reveals how it threatens our values, economy, and ultimately the very innovation and creativity that forms the fabric of American achievement.

Our most valued cultural institutions, Keen warns, our professional newspapers, magazines, music, and movies, are being overtaken by an avalanche of amateur, user-generated free content. Advertising revenue is being siphoned off by free classified ads on sites like Craigslist; television networks are under attack from free user-generated programming on YouTube and the like; file-sharing and digital piracy have devastated the multibillion-dollar music business and threaten to undermine our movie industry.

From Amazon:

Keen’s relentless “polemic” is on target about how a sea of amateur content threatens to swamp the most vital information and how blogs often reinforce one’s own views rather than expand horizons. But his jeremiad about the death of “our cultural standards and moral values” heads swiftly downhill. Keen became somewhat notorious for a 2006 Weekly Standard essay equating Web 2.0 with Marxism; like Karl Marx, he offers a convincing overall critique but runs into trouble with the details. Readers will nod in recognition at Keen’s general arguments—sure, the Web is full of “user-generated nonsense”!—but many will frown at his specific examples, which pretty uniformly miss the point. It’s simply not a given, as Keen assumes, that Britannica is superior to Wikipedia, or that record-store clerks offer sounder advice than online friends with similar musical tastes, or that YouTube contains only “one or two blogs or songs or videos with real value.” And Keen’s fears that genuine talent will go unnourished are overstated: writers penned novels before there were publishers and copyright law; bands recorded songs before they had major-label deals. In its last third, the book runs off the rails completely, blaming Web 2.0 for online poker, child pornography, identity theft and betraying “Judeo-Christian ethics.”

Quote of the day–Chairman Mao Ts-Tung

Our state is a people’s democratic dictatorship led by the working class and based on the worker-peasant alliance. What is this dictatorship for? Its first function is to suppress the reactionary classes and elements and those exploiters in our country who resist the socialist revolution, to suppress those who try to wreck our socialist construction, or in other words, to resolve the internal contradictions between ourselves and the enemy. For instance, to arrest, try and sentence certain counterrevolutionaries, and to deprive landlords and bureaucrat-capitalists of their right to vote and their freedom of speech for a specified period of time – all this comes within the scope of our dictatorship. To maintain public order and safeguard the interests of the people, it is likewise necessary to exercise dictatorship over embezzlers, swindlers, arsonists, murderers, criminal gangs and other scoundrels who seriously disrupt public order. The second function of this dictatorship is to protect our country from subversion and possible aggression by external enemies. In that event, it is the task of this dictatorship to resolve the external contradiction between ourselves and the enemy. The aim of this dictatorship is to protect all our people so that they can devote themselves to peaceful labour and build China into a socialist country with a modern industry, agriculture, science and culture.

Chairman Mao Ts-Tung
Little Red Book
On the Correct Handling of Contradictions Among the People
(February 27, 1957), 1st pocket ed., pp. 6-7.
[Yeah, I’m a day late with this one. Does anyone even know how many people were murdered by this government whose aim was to “protect all our people” in the next 30 years after this proclamation was made? All dictators claim they are going to be benevolent and they will only crack down on the criminals. Of course then Ayn Rand’s line from Atlas Shrugged immediately comes to mind. Which is precisely the situation we have with gun laws today and under an Obama regime things will only get worse. And all in the pursuit of an Utopian vision of a discredited philosopher with very little real world experience on the subjects he wrote about and who died over 100 years ago.–Joe]

Quote of the day–TJH

Let me get this straight…

The state wants me to pay a fee and ask me all kinds of personal questions to exercise a right…

The state wants to license every producer of firearms and require them to serial number everything they make, without room for error…

The state wants access to everyone’s police and medical records…

The state wants a record of every transaction where a firearm changes hands…

The state wants me to submit to training despite the fact that I had two decades of prior experience and no negligent discharge, much less a crime…

The state wants to dictate where I may carry a firearm…

The state wants to dictate how I transport a firearm…

The state wants me to inform them where and when I move anywhere in the country…

The state doesn’t trust me to report a theft, so they will automatically assume guilt if I don’t…

The state doesn’t trust me with certain types of firearms…

The state wants every bullet and case to have an identification…

The state doesn’t trust me to defend my life without violating someone else’s rights…

…and I’m the paranoid one?

TJH
February 26, 2008
In the comments to Bigot talk
[Imagine what the response would be if gays, Jews, blacks, etc. were required to adhere to such restrictions in order to exist in our country.–Joe]

Can bloggers make a difference?

Sometimes you might think you are just “preaching to the choir” and the people that can make a difference don’t listen no matter what you do.

Then there are other times when you think maybe someone in a position of power is paying attention:

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Continent  :  North America
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Distance  :  2,071 miles
Language   English (U.S.)
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Bigot talk

You just have to shake your head at times. Some people are so bigoted it’s almost beyond belief:

Today, guns are generally preferred by paranoid sociopaths, cowards and vigilantes — as guns have become the implement of choice for the increasing numbers of street gangsters, criminals and domestic terrorists. The profuse abundance of guns and bullets (which is, of course, gained through a provision of capitalist profit in that area of industry) allows for the unhindered pursuit of their endeavors.

[…]

What the American people need to clearly understand is the U.S. Constitution is intended to disallow such an introduction of danger and fear into our society. The only way to right a wrong is with a right. The most basic civil right is that of being free from harm.

Today, we are assigned the important responsibility of instructing our representatives in government, to lead with measures which assure our safety and security. The current over-production and indiscriminate distribution of firearms and ammunition must be outlawed and the participants disengaged.

This guy, Mark S. Fuller of Gloucester Massachusetts, is an anti-capitalist, has extremely negative views of gun owners, as well as having no clue as to what a right is. The ignorance and bigotry are mind boggling.

Quote of the day–Megan McArdle

When the government controls your paycheck, your housing, and your ration card, it doesn’t need to put you in jail; you are in jail.

Megan McArdle
February 25, 2008
HOPELESS IN HAVANA
[I fear we are about to learn this lesson first hand.

H/T to Kirby for the email pointing this out.–Joe]

I wonder what German kids played with in 1939

Via an email from Jason (who says, “Makes losing your rights fun!”) I discover there are toys to “help children understand and be comfortable and confident in the need and process of higher security protocols”:

My guess is there were similar things for the slightly older kids of the Hitler Youth.

Quote of the day–Dick Cheney

It is easy to take liberty for granted, when you have never had it taken from you.

Dick Cheney
[While this may be true I keep wondering if enough people really notice when its been taken. Intrusive, pointless searches at airports, “Real ID”, socialized medicine, firearm restrictions, McCain-Feingold, the Kelo decision, etc. I think a worse problem is that it is too easy to accept your chains. That has not always been the case and I wonder why.–Joe]

Airsoft guns and knives are next

glimpse into the future:

Berlin – The German parliament approved tighter gun-control laws on Friday in a move designed to stop the spread of violent crime. The new legislation bans the carrying of replica firearms and so-called airsoft guns as well as certain types of knives.

Quote of the day–Milton Friedman

The black market was a way of getting around government controls. It was a way of enabling the free market to work. It was a way of opening up, enabling people.

Milton Friedman
[Speaking of black markets…

Something to keep in mind is a tax greater than 15% on an item is the threshold at which a black market is created. Think of all the things that are taxed at rates greater than that. Then remember than in a black market you don’t have the court/justice system to enforce contracts. Which means contract disputes are settled privately–frequently with violence. One further point before I deliver the punch line, it is exceedlying rare that a criminal pays taxes on his income. Thus $100K/year in criminal income is more like $175K/year in legal income. Hence high taxes not only create crime in the form of a black market and their methods of dispute settlements but high taxes make criminal income more attractive than legal income. Big government doesn’t keep us safe from crime, it creates crime.–Joe]