Quote of the day–Richard E. Gardiner

Whether one examines the District’s murder rates relative to other large US cities, the neighboring states of Maryland and Virginia, or relative to the US as a whole there is no evidence that the ban reduced the District’s relative murder rate. Indeed, if anything, the evidence points to the opposite conclusion. The District’s rising murder rate cannot be explained as a result of the crack cocaine epidemic during the late 1980s because this increase started occurring right after the ban was instituted, long before crack cocaine became an issue.

Everyone wants to disarm criminals. However, the problem with bans is who is most likely to obey them. If the ban primarily disarms lawabiding citizens and not criminals, the ban can have the opposite effect of what was intended.

Richard E. Gardiner
February 2007
BRIEF OF ACADEMICS AS AMICI CURIAE IN SUPPORT OF RESPONDENT
[I really liked reading this one. The comparision data was represented as ratios between D.C. and other areas (such as large cities, nearby states, etc.) over time. Usually I see the data represented as absolute numbers. The ratio representation is a good tool.–Joe]

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.

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.

Quote of the day–Michael B. Minton

Even in their homes, LGBT individuals are at risk of murder, aggravated assault and other forms of hate violence because of their sexual orientation. In fact, the home is the most common site of anti-gay violence. Thus, for certain LGBT individuals, the possession of firearms in the home is essential for a sense of personal security — a fact generally lost in the majoritarian debate about restricting individual’s access to, and use of, firearms. As shown below, not only do members of the LGBT community have a heightened need to possess firearms for self-protection in their homes, the Second Amendment clearly guarantees this most basic right. This Court should not permit the democratic majority to deprive LGBT individuals of their essential and constitutional right to keep and bear arms for self-defense in their own homes.

Michael B. Minton
Brief of Pink Pistols and gays and lesbians for individual liberty as amici curiae in support of respondent.
[As suggested by Kevin I downloaded the entire set of Heller briefs from Constitution Arms and found it quite useful.

One of the points made in the Pink Pistols brief is that majority rule without the minority right to self-defense leads to physical abuse and even death of those minorities. The essence of the way I see it is the minority individual has a much easier time defending themselves in court against a prosecution than being protected from the initial attack by an uncaring or hostile police force. Think of it in terms of what is required for successful prosecution versus a successful unlawful attack on the minority individual. Or, if you want, use the old standby, “It’s better to be judged by 12 than carried by six.”–Joe]

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)

Quote of the day–Alan Gura, Robert A. Levy, Clark M. Neily III

Demoting the Second Amendment to some lower tier of enumerated rights is unwarranted. The Second Amendment has the distinction of securing the most fundamental rights of all—enabling the preservation of one’s life and guaranteeing our liberty. These are not second-class concerns. Yet preservation of human life is also the government’s chief regulatory interest in arms. Constitutional review of gun laws thus finds both individual and governmental interests at their zenith.

Alan Gura
Robert A. Levy
Clark M. Neily III
February 24, 2008
RESPONDENT’S BRIEF
On Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia Circuit
[I find this last sentence a very interesting point. It explains why, obvious in hindsight, the 2nd Amendment has come under such vicious attack and those attacks have been tolerated so well by the courts and the people. It is much more difficult to justify similar attacks on the 1st Amendment and it has flourished. And a similar analysis explains why we don’t have much of our 4th Amendment rights honored as well.–Joe]

Quote of the day–Herbert W. Titus

In short, the argument that “the right of the people” is subject to reasonable regulation and restriction tramples on the very words of the Second Amendment, reading the phrase — “shall not be infringed” — as if it read “shall be subject only to reasonable regulation to achieve public safety.”

Herbert W. Titus
February 11, 2008
Gun Owners of America
Brief amicus curiae in D.C. v. Heller
[I’m tempted to quote nothing but amicus curiae briefs until March 18th.–Joe]

New to my blogroll

The VPC Blog is a must have. “Everyone” is talking about it and it’s good:

The Adventures of Roberta X keeps me looking up words in the dictionary but anyone that likes guns, science fiction and geeky stuff is interesting.

STI Reintroduces the VIP

It’s back:

Combining the double stack capacity of its patented 2011 technology with the light weight benefits of aluminum, the V.I.P. is the best carry pistol on the market today.

Due to overwhelming customer requests, STI International, Inc. has brought back their popular V.I.P. model. Built on the patented modular frame design with a reduced length polymer grip, the VIP delivers the advantages of a high capacity firearm configuration that is well-suited for conceal carry circumstances. The frame is constructed of highly durable 7075 aerospace grade aluminum to keep the weight of the pistol to a minimal 25 oz. The frame is also available in 4140 maxxell alloy steel (which comes in at 29.7 oz)

The VIP has a stainless steel scalloped slide with rear cocking serrations, STI dovetail front sight and Heinie fixed rear sight. The slide is also available in 4140 carbon steel. The VIP comes standard with features such as a stainless steel STI hi-ride grip safety, stainless steel STI single sided thumb safety and an STI stainless steel fully supported, ramped bull barrel. Calibers available are 9×19, 40 S&W, and .45 ACP.

In competition I shoot a STI gun, I carry a STI gun and you should too.

STI Spartan Giveaway

STI is giving away a free gun. Send them your business card and they may draw it out of a fishbowl on March 28th.

The unfortunate subjects of California need not apply.

In competition I shoot a STI gun, I carry a STI gun and you should too.

Political actors?

I think there is a little bit of projection going on here:

Politics also factors heavily into D.C. v. Heller, according to Henigan.

He said some state attorneys general — who are elected in 43 states — likely sided with Heller as a way to show constituents they support an individual-rights reading of the Second Amendment, even as they seek to preserve their own state statutes regulating guns.

“These are political actors. They don’t want to appear to be endorsing a handgun ban,” Henigan said.

We know this guy

As you should already know:

The ATF Special Agent doing the talking in this video about Cavalry Arms is no stranger:

I’ve blogged about him before.

His cell phone number and email, as of last month, are 602-859-6317 and Thomas.mangan@atf.gov.

Here are some other times he has appeared in the news and what he said:

”These are, quite frankly, weapons of war,” ATF special agent Tom Mangan said as he picked up an assault rifle and examined it. “These are military-type weapons. This is firepower you would expect to see on the battlegrounds of Iraq and Afghanistan.”

Agents said Thursday they found the 42 weapons in a storage locker about 10 days ago. The guns were worth $250,000 in all: Belgian-made ”FN” handguns, semiautomatic AK-47 rifles and other pistols. They also found four olive boxes loaded with .50-caliber bullets – ammunition that’s big enough to take out an airplane.

”The type of firepower you’re seeing here is on the increase,” he said. ”You’re seeing sophisticated weapons, military weapons, assault-type weapons, assault pistols, very expensive pistols. This level of fire power gives criminals options they haven’t had before.”

Put him on your list of people to be charged with violation of 18 USC 242.

Quote of the day–Gun Guys

If we could reverse history and engage the gun lobby back when they started their cynical campaign to convince Americans they have a “right to own guns” then our politics would certainly be in a different place. But it’s too late now and the gun lobby’s well-armed genie is out of the bottle.

Mike of Gun Guys
February 29, 2008
In-Depth Commentary: Candidates Quiet On Gun Issues
[Never mind that he is wrong about individuals having the right to keep and bear arms. What is more important is that he (and gun grabbers in general) are giving up on this battle and focusing their attention on “reasonable restrictions” on that right. We need to finish off the individual rights campaign (Heller) and then engage and destroy them on the “reasonable restriction” front.–Joe]

What media bias?

ATF Seizes Weapons At Gun Warehouse and the talking head says:

It’s still not clear if the nature of the investigation is as serious as the evidence implies.

Except the only evidence is that the licensed gun dealer, Cavalry Arms Corporation, had guns in a warehouse which the ATF put out on tables to show the media.

The serious part of the evidence is the ATF and the media cooperated to demonize gun possession.

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]

USA Today on Heller

Headline: Court to address: Do you have a legal right to own a gun?

As far as media coverage goes it’s excellent. They got the Miller decision mostly wrong but otherwise they did very well with it. This is very good to see. Most MSM coverage of guns is more opinion than news coverage.

Park carry minutia

Uncle pointed out the video testimony in the house on National Park carry. I find it interesting that a letter written over a year ago by a bigot at the Department of Interior was brought up and challenged.

That letter has been a topic of mine before (and here).

I hope she is feeling the heat. Bigots opposed to fundamental rights guaranteed by our constitution have no place in our government.

Bullet serialization shot down in Maryland

Kirk has the story.

As I said before this brand of stupidity will be laughed out of the legislature. The companies pushing this should try a free market approach to making money on bullets.

H/T to Uncle.

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]