Managing Us Verses Protecting Our Rights – mutually exclusive concepts

This is for J H.  He and Joe were discussing statistics related to gun restriction in comments here.

This line of argument, taken by itself, is to say nothing of human rights, the right to live being most fundamental and the right to self defense going hand in hand with the right to live.

If we are to leave out any discussion of rights, and focus purely on how people get injured or how they die in accidents and crimes as a means of determining and justifying laws, then we’d start by banning the wheel.  Swimming pools, access to rivers and lakes, etc., and stairs would be ahead of guns in private hands as a focus of legislative restriction.  Somewhere in between would be legal restrictions on unprotected sex and leaving the home while ill.  But that would be government thinking of the people in the same way that a farmer thinks of his cattle.

It is when we look at guns in the hands of governments that we find mass death, numbering in the tens of millions, and there you find the primary purpose of our second amendment– defense or deterrence against tyranny, or more to the point it should be seen as defense of human rights by those who hold those rights (we the people).  Who then should look at whom as property?  Keeping our servants in government (our cattle) properly de-horned is, historically, the more important concern if we are to have any sort of owner/property relationships with one another.

Once we’ve accepted the Nanny State as the ideal form of government, all bets are off anyway, and arguing figures and statistics alone is to fight the battle on your enemy’s chosen ground.  Even being wrong in their figures, your enemy has won by deciding the terms of battle.  People are in fact injured and killed through the use of or involvement with guns in private hands.  That is a fact.  Hence the Nanny State will find an excuse to restrict them if that’s what they want and if they feel safe in doing it.

The true winning argument is that the state has no legitimate jurisdiction over any behavior or possession that in itself does not violate the rights of other people.  If I have a gun in my pocket I haven’t violated any other person’s rights by that fact alone.  If I haul off and smack someone at random in the head with a baseball bat, it is not the fault of the state for allowing free, un-restricted access to baseball bats.  It is I who would have committed a crime by violating the rights of another person, for which I would rightly be held accountable.  In attempting to restrict generally the access to baseball bats as a result of my crime, the state would be perpetrating tyranny by way of making victims out of innocent persons.  We call that sort of behavior “prior restraint”– restraining someone in some way prior to them having threatened or done anything wrong to anyone.

It is well and good to point out the stupidity of arms restrictions, and how their effects are virtually always counter to the stated goal of making people safer, but those issues are a distant secondary to the issues of human rights.  Otherwise we’d be confiscating automobiles, banning certain sports, et al.  Without human rights as the fundamental principle guiding our policies, the totalitarian state is an inevitability.

Quote of the day–Phil

Oh, sure, they say they’re doing it for folks with paralysis, but you know and I know that just as soon as they are able, GE is going to build a primate powered MechWarrior.

I wonder if SCOTUS will see the logic in rocket launchers as self-defense weaponry then?

Phil
July 15, 2009
Forget Zombies
[Don’t forget destructive devices. I’m thinking about 2000 pounds of Boomerite would be about the minimum acceptable charge.–Joe]

What do facts have to do with belief?

Kevin asks, How Can People Still Believe This?

It’s easy, just because something is irrational doesn’t mean you don’t have to believe in it. Or so says one high school teacher.

Ayn Rand says it’s because philosophy isn’t taught. Or at least the philosophy that is taught, mostly indirectly, has been total crap. Philosophy, she said, is vital to humans. When we have crap for philosophy we make crappy decisions and this person is just one example of many with crap for brains.

Quote of the day–Andrew S. Tanenbaum

The nice thing about standards is that there are so many to choose from. Furthermore, if you do not like any of them, you can just wait for next year’s model.

Andrew S. Tanenbaum
Computer Networks, second edition, page 254
[While at the gym this morning I watched Sotomayor’s confirmation hearing for a few minutes. When she started talking about court precedents in regard to the 2nd Amendment I was reminded of Tanenbaum’s quote.–Joe]

Quote of the day–Dale L. Gillis

It is distressing to see that the National Rifle Association’s Eddie Eagle Program will be part of the Highlands County Library’s Youth Summer Program. This was mentioned in Highlands Today on July 2.

The NRA is a lobbying organization dedicated to putting more guns in the hands of criminals. As a lobby group, the NRA twists the facts when it uses them at all. The NRA often sues cities and states to advance its radical program. How did the NRA get to be considered a harmless organization that should have access to our libraries and our children?

Dale L. Gillis
July 13, 2009
Gun safety among children
[“Dedicated to putting more guns in the hands of criminals?” I guess that is why they have they have the support of four million members, right? And that is why two thirds of the states Attorney Generals support the NRA lawsuit against Chicago.

“Twists the facts when it uses them at all?” See projection.

Gillis is just another bigot.–Joe]

What’s the real reason?

Sometime in the mid ’90s Alan Gottlieb spoke to the Microsoft Gun Club (now called the Gun Club @ Microsoft) and I asked him, “From the evasive words they use it’s clear the anti-gun politicians know gun control doesn’t make people safer. So what is the real reason they advocate more gun control?” He answered, “It depends on the politician. Some want to change the culture to one of dependence on government. Others just hate guns. And we have sometimes joked that because of the high number of criminals in his district Chuck Schumer was just voting to protect his constituents.”

Perhaps it wasn’t really that much of a joke. Apparently the intent of the Sullivan Act was to protect the criminals:

New York state Sen. Timothy Sullivan, a corrupt Tammany Hall politician, represented New York’s Red Hook district. Commercial travelers passing through the district would be relieved of their valuables by armed robbers. In order to protect themselves and their property, travelers armed themselves. This raised the risk of, and reduced the profit from, robbery. Sullivan’s outlaw constituents demanded that Sullivan introduce a law that would prohibit concealed carry of pistols, blackjacks and daggers, thus reducing the risk to robbers from armed victims.

The criminals, of course, were already breaking the law and had no intention of being deterred by the Sullivan Act from their business activity of armed robbery. Thus, the effect of the Sullivan Act was precisely what the criminals intended. It made their life of crime easier.

As the first successful gun-control advocates were criminals, I have often wondered what agenda lies behind the well-organized and propagandistic gun-control organizations and their donors and sponsors in the United States today. The propaganda issued by these organizations consists of transparent lies.

By advocating more gun control Chuck Schumer and Carolyn McCarthy are just continuing the fine tradition of New York politics.

Mexican gun runners

If people can’t be trusted to not sell guns to the drug dealers in Mexico then the government should take all the guns away from those type of people. A case in point:

An F.B.I. agent in El Paso has been arrested and charged with dealing guns, some of which ended up being used in gunfights between the authorities and drug dealers in Mexico, law enforcement officials said. The agent, John T. Shipley, was indicted Wednesday on charges he dealt firearms without a license for more than two years, buying the weapons from dealers on the Internet and then reselling them to unidentified buyers. Mr. Shipley sold more than 50 weapons, the indictment said. Some were recovered after shootouts between the Mexican Army and drug dealers in Chihuahua on March 8 last year that left seven dead, officials said. Mr. Shipley, who was released on bond this week, has been suspended without pay since March 2009, the Federal Bureau of Investigation said.

What could possibly go wrong?

I was talking with a pro-gun lobbyist recently and he suggested a possible solution to a weakness the bigots are trying to exploit:

Under the proposed legislation, to carry concealed weapons people need only meet the minimum requirements of federal law to possess a gun, be permitted in their home state to carry a concealed weapon, and abide by a state’s concealed carry location restrictions. For example, Alaska allows adult residents to carry a concealed weapon without a license, background check, or training as long as they are allowed to possess a gun under weak Alaska gun laws – even if they have committed repeated violent misdemeanors or have committed misdemeanor sex offenses against minors.  This legislation would force the other 47 states that allow concealed carrying to allow many Alaskan violent misdemeanants to carry concealed guns in their state, even if a state completely bans gun possession by such persons.

This same sort of thing is why Nevada stopped recognizing Utah carry permits.

His proposed solution would be for states to create a two tier concealed carry license system. Tier 1 would be whatever the State thought was appropriate for their need. If that was a lifetime permit, no training requirement, and you had a detectable pulse, then fine. Tier 2 would have a set of requirements which was the union of the most stringent requirements of all the other states. Hence if Nevada required four hours of training, and Texas required eight hours (pulling numbers out of the air) then the training requirement for a tier 2 CWP from State X would be eight hours. Similar things for other requirements on license duration, age restrictions, etc.

This could be a win for both people that want to carry and the state that issues the tier 2 permit. You would have to get just one permit to carry in all the states that recognize out of state permits. And the state would be in a position to have a decent revenue stream because they were “selling a valuable product”.

Is there a downside to this scheme? Sure, the 2nd Amendment should be my carry permit. But we aren’t there yet. But this would be one step closer to being able to carry nationwide with far less effort. When you can and do carry in all states we can then more easily demonstrate the bigots are just blowing smoke and we can work on reducing the most onerous restrictions in the unfriendly states and making “tier 1” in the friendly states be “Vermont Carry”.

Is there some unintended consequence that might come out of this and come back to bite us?

Quote of the day–Joe Golonka

The NRA perfectly epitomizes the paranoid and hate-filled mind-set of the Republican voting base.

The registration and tracking of firearms, which is so necessary for effective law enforcement and actually protects legitimate gun owners, is equated by the ultra-loons at the NRA with an utterly paranoid and wholly unsupported claim that “they are coming to take my guns away.”

Joe Golonka
Paranoid NRA thinking
July 11, 2009
[It sounds to me like Mr. Golonka has a little bit of hate going on there himself.

“Unsupported claim”?

“Necessary for effective law enforcement”?

  • Does he know how many crimes have been solved in Canada because of gun registration? I do (as of 2000 it was one).
  • Does he know how many crimes have been solved in Hawaii because of gun registration? I do (as of 2000 police did not know of any).
  • Does he know how effective the Nazi Police Battalions were in law enforcement because of gun registration? I do. Between July 1942 and November 1943 just one Battalion murdered an estimated 38,000 Jews. They lost only two of their own (read Hitlers Willing Executioners for the details).

Ignorance and bigotry is a terrible thing. Poor Mr. Golonka exhibits all the symptoms.–Joe]

Anti-gun bigots in action

Via an email from Mike B.

The city of Seattle can’t ban firearms from being carried openly because of state preemption–so they do what they can:

Q: Is it illegal to bring an unconcealed airsoft handgun into a public place?

A: Seattle police say it is, and reference Seattle Municipal Code section 12A.14.083, regarding weapons in public places.

That states: “It is unlawful to knowingly carry or shoot any spring gun, air gun, sling or slingshot, in, upon, or onto any public place.”

“An airsoft gun specifically fits into that weapons code,” police spokesman Jeff Kappel said.

But police note the above code does not reference or regulate the carrying of firearms which are different from airsoft guns.

So I could legally walk down the sidewalk with my fully loaded (18 + 1 of .40 S&W) STI and a spare magazine openly displayed in a holster on my belt and someone else with an unloaded Airsoft gun in their backpack could be end up paying a fine of up to $500 and/or spend two months in jail for a first offense (up to 12 months for a third conviction).

Bigots, they try to get away with whatever they can no matter how ridiculous it is.

This is an Idaho gun owner?

Yesterday I came across a letter from a supposed Idaho gun owner that really has me wondering. Is this some sort of Brady revenge for Mary McFate? Are they having people send out fake letters? Or is just some old guy with the early signs of Alzheimer’s?

July 8, 2009

The Honorable Patrick J. Leahy                  The honorable Jeff Sessions
Chairman                                                        Ranking Member
U.S. Senate Committee on the Judiciary   U.S. Senate Committee on the Judiciary
224 Dirksen Senate Office Building           152 Dirksen Senate Office Building
Washington, D.C. 20510                              Washington, D.C. 20510

Dear Chairman Leahy and Ranking Member Sessions:

I am writing to express strong disagreement with the National Rifle Associations’ (NRA) views on Judge Sonia Sotomayor’s nomination to the Supreme Court of the United States. NRA concerns were sent to you in a letter from Executive Director Chris Cox dated July 7, 2009.

I am a veteran, a manufacturing firm executive and a gun owner. I own three pistols, two riles and a shotgun. I enjoy hunting, target shooting, and the feeling of safety that guns provide.

I have lost respect and trust in NRA to deal with gun matters in America and encourage you to ignore their advice about Judge Sotomayor’s confirmation.

NRA characterizes the firearms issue through the narrow toilet-paper tubes of fear that ‘liberals’ with an anti-gun agenda will take away our guns. The reality is that illegal and improper use, storage, or transfer of guns is a significant problem in America. I strongly support gun ownership but come down on the side of organizational and personal responsibility and competence with respect to guns. Guns are dangerous.

When I was a youth and through my 30s I was an NRA member, looked forward to my American Rifleman magazine, and counted on NRA to help keep ‘gun control’ a private, not government matter. NRA provided hunter and sportsman skills, safety, property rights, and firearm maintenance training for many years; however, NRA’s emphasis has become political, not around firearm competence and responsibility. When I was a Boy Scout assistant scoutmaster, NRA was not there for my sons and other boys in the troop so I was forced to arrange gun safety and skills training through off-duty police. Here in Idaho where I live there are no NRA basic firearm training programs even though this is a great outdoor sports state.

I have high respect for Judge Sotomayor. If I were able to question at her confirmation hearing, here are some I would like to ask:

  • Do you believe that gun ownership in America carries responsibility by the owner to be competent in the storage, handling, maintenance, and use of the owned firearms?
  • Do you think that the ‘well regulated militia’ language in the second amendment implies that private gun owners should be trained and certified perhaps as automobile drivers are tested for knowledge, skill, and abilities?
  • Should gun ownership carry insurance requirements for liability and health damages caused by the gun owner?

Thank you for considering my views.

[Signed]

Laurence P. Gebhardt
1200 Aspen Drive
Pocatello, ID 83204

From reading what I can about this guy (samples are here [in the comments], here, here, here, and here) he has significant liberal tendencies. So this may just be an issue of supporting whatever the Democrats support. I assure you, what he says about the NRA and gun ownership does not represent any of the gun owners I know in Idaho. I know a fair number of gun owners that are unhappy with the NRA but what their problem with the NRA is that they feel the NRA should compromise less and take a stronger stand against unconstitutional and ineffective laws. Just the opposite of this guy. And he has basic facts wrong. Example:

  • He claims “the NRA’s emphasis has become political, not around firearm competence and responsibility”. I’m sure that comes as quite a surprise to:
    • The many thousands of NRA certified instructors
    • The thousands of people that shoot in NRA matches each year
    • The recipients of NRA range grants
    • Thousand and thousands of other people who have personally benefited from the many NRA programs
  • He claims “Here in Idaho where I live there are no NRA basic firearm training programs.” But probably 10% to 20% of the shooters I know in Idaho are NRA certified firearms instructors and regularly put on classes. It’s possible that isn’t true in Pocatello, but I have a tough time believing he even looked for someone that teaches NRA classes in Idaho.

He then goes on to suggest Judge Sotomayor should be asked questions that are totally inappropriate for a judge. They are appropriate for a legislator or someone in the executive branch, but a judge? And the content of the questions are of a type I would expect to be asked by some intern at the Brady Campaign.

This isn’t like any Idaho gun owner I know.

Quote of the day–Milton Friedman

The only relevant test of the validity of a hypothesis is comparison of prediction with experience.

Milton Friedman
[Friedman probably was talking about economics but, as I’m sure he knew, the statement is much more broadly applicable than that. Those that would ban or even restrict gun ownership appear to be in denial of or are oblivious to the truth of the statement.–Joe]

I Don’t Care Who You Are…

…(or how many times you’ve seen it already) that’s funny right there.  With credit given to Larry The Cable Guy (you do also have an alter to him in your bedroom closet, complete with votive candles, don’t you?  Or am I weird?)

This goes out to Dennis A. Henigan, who clearly needs some cheering up these days as he’s being beaten by a bunch of redneck dolts, and to the people of the TSSAA, who need a little bit of reality therapy to help them in their decision making during these trying times.

Dennis; the dialog in the video is a little more than one of us dumb, inbred, backwoods Idaho rednecks can fit on a bumper sticker.  Maybe we could reduce it to a simple, easily repeatable and easy to spell phrase like, “Gun Free Zones Are Dumb”.  I don’t know; with your superior intellect, maybe you could do a little better.  If you do a good job I promise to put it on the back window of my “rig” as we say in Idaho.  Just be sure to make it small enough that it doesn’t obscure the AR-15 in the gun rack of my beat-up 4 x 4 pickup.

Quote of the day–Dennis A. Henigan

Shortly after I began my career as a lawyer and advocate for the nation’s leading gun control group, I started to notice a peculiar repetitiveness in my opponents’ arguments. Whether it was on radio or TV talk shows or panel discussions or speeches with audience Q&A, there was a striking similarity in the substance of the arguments, and even the language, used by my opponents. Over and over again, I would hear that “Guns don’t kill people. People kill people.” I would hear “When guns are outlawed, only outlaws will have guns.” I would hear “An armed society is a polite society.” I had seen these sayings on bumpers stickers for years, but I discovered that my opponents actually argued in these terms. Even when these exact phrases weren’t used, the thoughts they express were conveyed in other words. In more scholarly settings, critics of gun regulation would dress up their arguments in the arcane language of academia and in mounds of statistics, but their basic claims could, to a remarkable degree, be boiled down to the same themes I had heard on countless talk shows.

Dennis A. Henigan
Pages 5-6, Lethal Logic — Exploding the Myths That Paralyze American Gun Policy
[I’ve addressed some of his points in this book from a press release here. I now have the book in hand having borrowed it from Carnaby last night. We’ll see if there is anything particularly interesting in it. So far, part way through the prologue, he is just complaining that the gun control movement has trouble getting any traction and all the pro-gun people have is bumper stickers.

It seems to me that if your opposition is able to hold you down with a few bumper stickers then perhaps your vehicle is lacking substance under the hood.–Joe]

Merchants of death cooperate with ATF

Even though gun businesses are vilified by the anti-gun bigots there is a lot of cooperation with the ATF when they play half-way decent toward reasonable goals. The NSSF is gearing up for another “Don’t lie for the other guy” campaign. My experiences with the ATF have all been positive even if there have been a few government bureaucracy moments.

I am of the opinion the ATF is unconstitutional and should be completely disbanded but that doesn’t mean they don’t do some good as well as the obvious harm. Ruby Ridge and Waco are just two of the worst instances, dozens, if not hundreds of incidents of abuse occur each year. But I don’t really see the harm advocating gun dealers not sell to violent criminals or them asking for a sample of my explosives for forensic comparison (they haven’t actually done this, but they said they might and I agreed to do so).

When the anti-gun bigots whine about people exercising their specific enumerated right to keep and bear arms I think they should be asked, “Who has done more to catch criminals using guns and explosives for evil, anti-freedom advocates, or the “Merchants of Death”?

This might help

Via the apex of the Triangle of Death I just found out two-thirds of the nation’s attorneys general have filed an amicus brief asking the U.S. Supreme Court to grant certiorari in the case of NRA v. Chicago and hold that the Second Amendment applies to state and local governments through the Due Process Clause of the Fourteenth Amendment.

No doubt it was due to being encouraged by wheelbarrows full of cash. I know that was my motivation for posting the news.

In any case, having the states say, “Yes, the 2nd Amendment should be a restriction on the states as well as the Federal government” bodes well.

I wonder how the Brady Campaign, VPC, et al. are going to spin this. They probably will claim it had something to do with the wheelbarrows full of cash. If so, then it seems to me that the NRA should give those guys a few wheelbarrows and see if they can be encouraged to change their tune. After all it appears the Joyce Foundation is cutting back on funding and with all the new members the NRA should have more money available.

CCW insurance

Via Ben and his Dad, who do insurance for a living, liability insurance for people that concealed carry:

Comprehensive Firearms Liability Coverage For Holders of Concealed Carry Licenses

(currently available in AZ, CO & NM, TEXAS COMING SOON)

Not getting their moneys worth?

Nice:

An Iowa group once active in lobbying for gun control has disbanded after losing a major grant. The November 1st coalition began after the November 1, 1991 shootings on the University of Iowa campus and was later renamed Iowans for the Prevention of Gun Violence.

…

Honey says most recently the group has relied on volunteers to lobby the legislature. “There was a grant with the Joyce foundation for a period of close to a decade from the mid 90s well into this decade, and that funding did end,” Honey said.

I wonder if the Joyce Foundation is cutting back on all their anti-gun funding or just some of them. Could it be they weren’t getting their moneys worth from the Iowa group? I wonder if they are happy with the results of their grants to the Violence Policy Center, The Gun Guys, and The Brady Campaign. The Heller decision must be quite the “bone in their throat”.

Quote of the day–Steven M. Simpson

The fact that militias were among the primary culprits the Framers identified as violating the right to bear arms renders any continued suggestion of a purely collective right belonging to state governments impossible to square with the adoption of the Fourteenth Amendment.

Steven M. Simpson
D.C. versus Heller
Brief for the Institute for Justice as Amicus Curiae in support of respondent.
[Of course, as pointed out by Workman, many of the anti-gun bigots make no effort to square reality with their beliefs.–Joe]

Live Free or Die?

I’ve wondered for some time what that New Hampshire slogan really meant.  On the surface it seemed to have the wrong people dying.  “Leave me alone or die”, I thought, would make more sense, or “live free or kill”, but the meaning of the slogan is something different, as Walter Williams reports.  He goes through some development before getting to the New Hampshire bit;

[Mark] Steyn points how it might seem bizarre to find the progressive left making common cause with radical Islam. One half of that alliance is pro-gay, pro-feminist secularists and the other half is homophobic, misogynist theocrats. Steyn argues what they have in common overrides their differences, namely, “Both the secular Big Government progressives and the political Islam recoil from the concept of the citizen, of the free individual entrusted to operate within his own societal space, assume his responsibilities, and exploit his potential.”

I never thought it bizarre at all.  I’ve referred to Progressives and radical Islam as somewhat kindred spirits for years.  They both hate capitalism, both hate liberty in general, both want to control the individual, both hate the very fact that the U.S. and Israel exist, and both thrive on chaos and hate prosperity.  I could go on for quite a while, but you get the point.

“Live Free or Die,” which graces New Hampshire’s license plate, are the words of John Stark, New Hampshire’s Revolutionary War hero. He uttered those words decades after the War when he was 81 years old, the complete sentence being: “Live free or die: Death is not the worst of evils.” Steyn says these words should not be interpreted “as a battle cry: We’ll win this thing or die trying, die an honorable death. But in fact it’s something far less dramatic: It’s a bald statement of the reality of our lives in the prosperous West. You can live as free men, but, if you choose not to, your society will die.”

This weekend as we celebrate the Declaration of Independence and the successful revolution that resulted, lets keep that in mind.  To pledge one’s life, fortune, and sacred honor to the overthrow of an over-reaching government that possesses the most powerful military in the world is as serious as it gets, and many of those who did so faired rather badly during the war.  We owe them a lot of respect, and only way to do that is to keep from throwing away that which they have given us.

How many Americans could even describe this country’s founding principles without getting sarcastic, to say nothing of being able to defend them?  Try asking some of the people you meet this weekend and report back.  I’m curious.  Something like this; “Can you define this country’s founding principles?” and then, “What would you say to defend them if someone told you that those were outdated, inflexible, and dreamed up by some radical, violent, old, paternal, dead, white slave owners?” (use your own words)