Corporate versus human rights

As most readers will already know the NRA has called for a boycott on ConocoPhillips regarding their filing of Federal lawsuit against a state law prohibiting companies from firing employees who keep guns in their locked cars on company property.  In many circles this creates some mixed feelings.  Shouldn’t property owners (the company/stockholders/whoever) have the right to ditictate the conditions for the use of their property?  Good question.  An Yahoo groups email list I subscribe to (WA-CCW) had this posting from a lawyer which shed some new light on the topic:

From: wa-ccw@yahoogroups.com On Behalf Of Glenn Slate
Sent: Friday, August 12, 2005 5:53 PM
Subject: Re: [wa-ccw] Has the NRA gone too far?

So here is my not so professional thought about your questions of
competing rights.  I admit it is a little unusual and unpopular right
now, but I think we all will recognize the correctness of the following
position in time.

The biggest difference here is not property rights vs. RKBA, but human
rights versus corporate rights.  Corporations are formed by the state,
they are given almost all the rights of a person, but they are not a
person.  In a competing rights situation, the corporations rights should
usually loose, as they are granted, rather than guaranteed.

A corporation is formed by an action of the state, in WA that is an act
of the Secretary of State.  WA has a state level preemption, so the
Secretary of State cannot ban CCW.  So how can the secretary of State’s
office create an entity and grant it right that the SoS office does not
itself possess?  That is to say if the Secretary is forbidden by state
law from restricting CCW in WA, how could it create a corporation and
then empower that corporation restrict CCW?

The problem with this issue becomes even more clear when you realize
that corporations need not be owned by individuals.  There is typically
no restriction on a state agency’s owning corporate stock.  So if we
allow corporation to ban CCW, couldn’t the city of Seattle for a
corporation to say  mange all it’s parks and lease the parks to that
corporation.  If they did so, could that corporation ban CCW in parks
under a private property argument?  How about to manage leased  bridges,
roads, parks, sidewalks etc.  Of course 100% of the stock would be owned
by the city, but all action would be taken by the corporation.

So the most basic (and socially disturbing) question is where did the
corporation get it’s personal property rights from?

They were granted by the state.  If the state agency could not restrict
your CCW rights, then it should not be able to grant that authority to a
corporation it formed.
Of course all this is up in the air if that state has no preemption, or
if it has a stature allowing the formation of a corporations with all
the rights of a natural person.  There will be lots of variation state
to state.

This is an entirely untested (and totally unpopular )theory, as our
culture seems to want to build corporations rather than restrict them.
  SO I strongly advice none of you to be a test case using this theory
(or any other is you can help it).

Remember I am a lawyer, but I am not your lawyer and this is most
definitely not legal advice.


Glenn Slate  |  mail to:gslate@emarket-group.com  | 503-445-8030
Corporate Counsel / Vice President of Client Development
eMarket Group, Ltd.  <http://www.emarket-group.com/>
eMerchandise <http://www.emerchandise.com/>

Quote of the day–Arthur T. Hadley

I was the first or second tank in the column that liberated a major concentration camp, Magdeburg…. There was a horror beyond the horror of all the dying I had seen. I learned a lesson that day. There are worse events than battle. When they come to take you off to the camp, fight. And people who tell you that you will be better off in the camps than resisting are not your friends.

Arthur T. Hadley
The Straw Giant, 1971

Quote of the day–Greg Hamilton

If it ever becomes time to shoot someone, shoot early and shoot often.

Greg Hamilton
Self Defense Instructor
Nov. 19, 1995

Quote of the day–Violence Policy Center

Gun shows hold a particular appeal for the pro-gun fringe… While McVeigh and Koresh may be two of the best known gun show customers, they are other lesser known but equally discomforting attendees. According to the January 23, 1995 issue of National Review, convicted serial killer Thomas Dillon began his murderous career by killing more than 500 dogs and cats, then moved on to humans allegedly killing at least five men. In 1989 he announced to a friend that he had quit killing animals and began inviting the friend to attend gun shows with him.

From the July 1996 Violence Policy Center study Gun Shows in America:
Tupperware® Parties for Criminals.
See: http://www.vpc.org/fact_sht/gunshow.htm
[Bigots spouting off–Joe]

Clueless “Gun Guys”

I subscribe to the Gun Guys email list and get rants about how terrible guns are on a regular basis.  Most of the time it’s just pathetic, bigoted, ignorant blather.  However todays rant includes part of a recent CCRKBA news release.   Even when it’s spelled out for them these clowns just don’t get it:

Howdy Partners,

We told you on Tuesday about the police chiefs of Wisconsin standing up with the Wisconsin Anti-Violence Effort against the proposed concealed weapons bill there.  Great cops like Oregon Police Chief Doug Pettit have been telling America what most of us already know: that allowing concealed weapons on the streets is dangerous for both cops and citizens.

It’s all the more disheartening, then, when out of the woodwork comes a group like the Citizens Committee for the Right to Keep and Bear Arms attempting to undercut the police chiefs’ message.  In a press release on a conservative site MichNews.com, CCRKBA’s executive director, Joe Waldron, tries to infer that Wisconsin’s police chiefs don’t know what they’re talking about:

“Wisconsin residents,” Waldron said, “certainly deserve to be on equal footing with armed criminals, because police can’t be everywhere. Glibly arguing that only police should have guns ignores the fact that criminals prefer victims who can’t fight back… Gun owners will tell you that a place where only police have guns is a police state. Wisconsin is still part of the United States.”

“Police state” hyperbole aside, Waldron hints that the Wisconsin chiefs are attempting to ban guns from citizens’ hands.  Nothing could be further from the truth.  What police chiefs have been saying all week, throughout Wisconsin, is that they’re against concealed weapons on the streets.  The gun lobby is currently pushing for a bill to “outsource” public safety by taking the concealed weapon permit process away from law enforcement and putting it into the hands of private companies.  They want to allow concealed weapons in hospitals, places that serve alcohol, and even children’s sporting events!  That’s what the police chiefs in Wisconsin are urging lawmakers against.  They, like many citizens, are concerned about the safety of both police and residents, and know that concealed weapons will only make matters worse.

Instead of listening to the experience of these knowledgeable officers, however, Waldron chooses to attack their judgement and suggest that the opposite of what they’re telling us is true.  Thanks, CCRKBA, but no thanks.

The worst that can be said from a scientific analysis of the data is that citizens carrying concealed weapons doesn’t improve citizen safety and most studies show improvement in safety when the potential victims are allowed the tools most effective in defending themselves.  The clueless don’t care about scientific data.  They are only interested in a small subset of opinions–the opinions that match their bigoted viewpoint of the world.

Don Kates on bigotry

First off, does anyone have an email address or website for him?  I can’t seem to find one. 

Second, while searching for an email address I found this speech by him.  It was from this speech I pulled todays quote.  I have often commented about anti-gun owner bigots and have praised others that use that term against the anti-freedom crowd.  Kates, in his speech, spells it out for us better than anyone else I have come across.  A sample:

the gun control debate is not really about criminology but rather about bigotry and the effort of an influence group to force its morality on everyone by having it adopted as state and federal law. To see this it is necessary only to review some unfamiliar facts: the average gun owner is better educated and has a better job than non-owners; attitude surveys find gun owners neither racist nor sexist; liberals are only somewhat less likely than others to own firearms; liberals who do are no less willing to use them to defend their families; the only violence gun owners endorse is willingness to come to the aid of crime victims. Gun owners do not approve of police brutality, violence against dissenters, etc. Also, good Samaritans who actually come to the aid of crime victims are twice as likely to be gun owners as the general populace.

Though these facts have been uniformly established by numerous sociological studies, they will doubtless surprise you almost as much as they would the anti-gun movement and the media. After all the former (which is actually a gun BAN movement), with the enthusiastic aid of the media, have succeeded in stereotyping gun owners as violence-oriented yahoos — educationally, intellectually and morally retarded.

There is a word for people who inaccurately, unjustly ascribe negative characteristics to a whole group of others they dislike: that word is BIGOT.

You may not realize it but the language we use in our fight for freedom has a huge impact.  As Kevin at The Smallest Minority posted a couple days ago the mindset and world view are dependent upon the language we use.  If we let our opponents define the terms (think “assault weapons”, “sniper rifles”, “gun safety regulations”, etc.) we will lose.  We must define ourselves and our opponents.  Our opponents are bigots.  It’s demonstrably true.  Don’t let them or anyone else forget it.

Quote of the day–Don Kates

The gun control debate is not really about criminology but rather about bigotry.

Don Kates
Constitutional lawyer and criminologist
July 2, 1994
http://www.hoboes.com/pub/Firearms/Essays/Don%20Kates/Don%20Kates%20at%20Sacramento%20Rally

Quote of the day–Alan Gottlieb

If anybody is an authority on lethal car crashes it would be Ted Kennedy.

Alan Gottlieb
Second Amendment Foundation
Referring to a report from MSNBC that “more officers are being killed in traffic accidents” than by guns and Kennedy’s desire for more gun control to protect the police.
http://www.saf.org/viewpr.asp?id=157

An Inquiry into the General Lack of Violent Jewish Resistance to the Holocaust

I’ve often wondered about and even done some research into why the targets of the Nazi genocide didn’t put up more resistance.  I forget the exact numbers and my book (I think the title is Hitlers Willing Executioners) that has it is still packed away with my other stuff from PNNL but one group of about 500 “policemen” went through Eastern Europe rounding up Jews, forcing them to dig trenches, strip, and then shooting them.  They murdered something like 16,000 Jews in six months before suffering their first two casualties.  And those were from non-Jewish Polish partisans!  What in the world was going on in the minds of the victims?  Couldn’t they find any type of weapon?  Okay, access to firearms was difficult, we learned a lesson there and it won’t happen here, but weren’t there any axes, pitchforks, gasoline, matches, or table legs?  These thugs killed every Jew in the next town over, they were going to kill every Jew in this and the next 20 towns.  So why didn’t they at least slow them down, make them find replacements, and increase the resource costs to implement their evil?  Even if the kill ratio was 1:100 thousands of lives would have been saved.

This article give the best explanation I have come across.  There was some violent resistance and the article examines what the necessary conditions were such that resistance occurred:

For a Jew caught up in the Holocaust, there were many factors to consider when deciding on a course of action. For an individual considering armed, violent resistance, these included:

  • Concern for family members and dependants: all those close to a fighter would be put at risk by his (or her) actions.
  • Access to arms­: how is one to fight the Germans? Some sort of weapon is necessary, and would have to be acquired.
  • Hope for an easy solution: many believed that their situation would be resolved by itself, and thus to risks one’s life fighting was needless.
  • Respected leadership: ­from both a practical and psychological view, fighting back required leaders to organize and encourage individuals.
  • Motivation: be it survival, revenge, or informing the world of the Nazi actions, a goal was essential for a would-be fighter.

By investigating the relative importance of these factors in several instances of armed Jewish resistance, it should become clearer what was required for the average victim to resort to violence.

The article does a good job of briefly exploring these factors and gives examples of Jewish resistance I was previoiusly unaware of (one example I was aware of isn’t mentioned but the conditions there were somewhat unique).

Another factor, which a reader emailed me years ago and I can’t find right now, was that the mindset of people in Germany and Europe in general is much different than that in American and extremely different from that of the gun owners here.  “Authority” was (and probably still is) respected far, far more there than it is here.  If someone in a uniform, carrying a gun or not, gives you an order then you obey.  The concept of an illegal order was out of intellectual and cultural reach.

The article concludes with content which, to me, seems incomprehensible that it needs to be said.  But for someone with a totally alien mindset from mine I suppose it needs to be articulated:

The Holocaust provides several compelling examples of such salvation through violence. The death camp of Belzec operated without significant hindrance until it was closed for a lack of victims to burn after engulfing an estimated 600,000 victims.  After its final trainload of deportees was gassed and cremated, the Jewish staff laborers were shot dead.  To this day, only a handful of prisoners are known to have escaped Belzec alive. One significant difference between Belzec and its sister death camp, Treblinka, is that the killing at Treblinka ceased long before it ran out of victims. The prisoners of Treblinka rose up with arms and were able to escape and burn most of the camp to the ground. Not only were several score of prisoners able to survive to fight on as partisans and bear witness of their tribulations, but they ended the murders at Treblinka. The camp was never rebuilt in the wake of their revolt. The same is true for the extermination camp of Sobibor after the prisoners broke out of the camp, it was shut down. The revolts of the prisoners in both camps were the direct cause of their closure. It is clear that without these rebellions, Jews, Gypsies, and other German “undesirables” would have continued to be executed for weeks to come in these places.

A final, and oft overlooked outcome of the revolts was the reclamation of simple human dignity by the fighters. The individuals incarcerated in the camps of the German extermination system died deliberately starved, beaten, helpless and dehumanized. They were subjected to the most brutal of tortures and the most degrading of conditions. No human being deserves to die in such a state. To fight back gave them the opportunity to have a hand in their fate; it gave them back the dignity that is the essence of being human.

See also my posting “Why Boomershoot?

This is the second posting with a Jewish theme in as many days.  Some of it is coincidence but also I’m reading Harry Turtledove’s book In the Presence of Mine Enemies.  This is an alternate history where the Nazis won WW II and exterminated all but a few Jews who are “hiding” in plain sight.  The book is a bit slow and there are too many bridge games but because this has been a long term topic of interest for me I am enjoying the book.

Smashing stereotypes

I didn’t know this, in part because I’m oblivious to many things like this, but the NRA President is Jewish.  No, I’m not so oblivious to have not noticed that she is also a woman.

The latest example

As near as I can determine people who desire restrictions on firearms have zero connectivity with reality.  They haven’t looked at the history of gun control to determine what happens in the real world.  This determination is the basis for my Just One Question–which no one has ever attempted to answer.  In addition to the safety and security issues which are my main concerns there are the enforceability, corruption, and abuse of power issues.  The current situation in South Africa is just the latest example of what happens when you allow the government to attempt implementing “common sense” restrictions:

The Black Gun Owners’ Association says it is preparing to sue the Minister of Safety and Security, Charles Nqakula, on behalf of thousands of prospective gun owners who have paid fees in advance to comply with new firearm licence legislation, only to have their applications and requests for refunds refused by the South African Police Service.

To comply with legislation, applicants paid up to R1 500 for training courses, safes and competency certificates, only to have their applications denied.

“Everything has been planned for people not to obtain licences. The government has made a big blunder. The minister (Nqakula) said he does not want illegal firearms, so why is he refusing people legal firearms?

“The new law is encouraging people to support illegal firearms. In South Africa, firearms are readily available and some of the people selling illegal firearms are police (disposing of) amnesty firearms,” he said.

Durban Guns and Ammo owner Justin Willmers said more than 1 000 applications submitted via his shop, after waiting two years to be processed, had been refused on appeal.

He said applicants had received identical response letters saying they had not given a “substantial reason” as to why they could not use alternative means of protection.

“Since July 1 last year, I have not sold one gun,” Willmers said. He said when customers realised the lengthy processes involved in obtaining a firearm legally, they simply turned to the black market.

Suter claimed the police had neither the capacity nor the expertise to administer licence renewals from the country’s roughly 2,5-million gun owners. And with three and a half years left to renew 4,5-million firearm licences, at the current pace of work, it would take 26 875 years, he said.

Responding to claims the NRA is a “special interest”

“This is a day in America when the little guy lost out to powerful special interests.”

– Michael Barnes, President, Brady Campaign to Prevent Handgun Violence

That is the lead to this article by Howard Nemerov.  You know Barnes is full of crap just from his association with the Brady bunch.  But I didn’t know the other details outlined in that great article.  Nemeroy also says this about Barnes:

He is a Washington insider, having been a congressman from 1979-1987. He is a lawyer who has an association with the law firm of Hogan & Hartson.

He thens goes on to tell how much money lawyers have been donating to our politicians and how those politicians are a “Who’s Who” of those that voted against the bill to outlaw frivolous lawsuits against firearms manufactures.

If you like well documented, hard facts kind of reading go read the rest of it.

A bit of a side note–I haven’t crowed about this bill passing the Senate for various reasons.  Stephanie sent me this link which articulates some of the reasons not to be overjoyed about passage of this law.  I agree with everything in the article but if I were to vote on the bill I probably “hold my nose” and vote “Yes”.  The reality is the Federal government exercises way more power than it was granted by the Constitution.  But failure to exercise that power for good does not lessen the evils that excess of power brings.  That excess of power must be reduced in a manner which reduces evil as much or more than the good that can be done with that power.  Failure to accept this good does not accomplish that.

Quote of the day–Machiavelli

An armed republic submits less easily to the rule of one of its citizens than a republic armed by foreign forces. Rome and Sparta were for many centuries well-armed and free. The Swiss are well-armed and enjoy great freedom. Among other evils caused by being disarmed, it renders you contemptible. It is not reasonable to suppose that one who is armed will obey willingly one who is unarmed; or that any unarmed man will remain safe among armed servants.

Machiavelli
The Prince; Chapter 17

Searching for PNNL info

I’ve been watching the log for my PNNL info site and noticed there were a fair number of referrals coming in from search engines.  I did my own searches and came up with interesting results:

The other search engines appear to be a little behind but they don’t matter nearly as much.

Thanks to everyone for linking to the site as per my suggestions on this page.  That helped make the above happen.

I’m in the process of making some more changes that should boost the visibility even more.  And since I’ve been seeing the Google bot traverse the website recently that can only be good news.

18 USC 241

Barb and I made it back home tonight and as I was going through my piles of email I found this gem from Alan Korwin, author of numerous books on gun laws:

18 USC 241. If two or more people conspire to injure, oppress, threaten or intimidate any person in the free exercise or enjoyment of any right or privilege secured under the Constitution or laws of the United States, they shall be fined, or imprisoned up to ten years, or both.

I wonder… Does firing someone from their job meet the legal definition of “injure” or “oppress”?  I’m not sure–but you can be certain I will be finding out soon.

Quote of the day–Greg Hamilton

You can’t shoot somebody just because they are a scumbag.  They have to have the ability, opportunity, and have put an innocent person in imminent jeopardy of life or serious bodily harm.  If you are looking to just shoot somebody go to some other country and buy a tag.

Greg Hamilton
Self Defense Instructor
Nov. 19, 1995

Quote of the day–Walter Williams

The Second Amendment gives us the right to bear arms in order to have a “well-regulated militia.”  People with little understanding interpret that as meaning the National Guard or some other government organization.  But here’s how George Mason, one of our unsung framers, responded to the question, “I ask, sir, what is a militia?”  Mason answered, “It is the whole people, except for a few public officials.”  James Madison said, “Arms in the hands of citizens may be used at individual discretion…in private self-defense.”

George Washington said, “When firearms go, all else goes…we need them every hour.”  The framers of our Constitution knew well that an armed citizenry was the ultimate defense against government tyranny.  As for crime, Thomas Paine said, “The peaceable part of mankind will be overrun by the vile and abandoned while they neglect the means of self-defense…(but) arms like laws discourage and keep the invader and plunderer in awe….Horid mischief would ensue were the good deprived of the use of them.”

-Walter Williams-
Periodical
Colorado Springs Gazette
4/24/94

Quote of the day–Harry Thomas

And Miss (Attorney General Janet) Reno, I say to you: If you send your jackbooted, baby-burning bushwackers to confiscate my guns, pack them a lunch.  It will be a damned long day.  The Branch Davidians were amateurs.  

I’m a professional.

Harry Thomas
NRA Board Member

Off again

Barb and I have been home for a few hours now and we are about to leave again for a few more days of vacation.  Earlier this week we visited Washington State (Benton City), Oregon (Madras and Mt. Hood), Nevada (McDermitt, Virginia City, and Tahoe), and California (Carmichael).

Barb asked why I talk about the “compound” and my “arsenal” in previous posts about leaving home with the kids in charge.  It’s because back in the late 90’s when I worked at Microsoft every time some gun owner would get arrested the police would pile all his guns and ammo on the front lawn for the media to take pictures of.  And the news people would talk about his “arsenal”.  If the guy was in a little bit of a rural area and had a few outbuildings then they would say he had a “compound”.  It became a joke with the Microsoft Gun Club.  The media was choosing words to demonize gun owners.  We adapted the words and made fun of them.  I am just continuing in that fashion.  Just like the “Red-necked, knuckle dragging, Neanderthal” subtitle.  You neutralize the people who attempt to demonize you buy adopting words prior to them using them on you.  So…

Again the kids, dogs, and cat are in charge of the “arsenal” and the “compound” while we are gone.  Xenia will post the Quote of the Day until I get Internet access again.

The magazine interview

A few days ago I posted that a magazine wanted to interview me about being fired as a result of my blogging.  The email was sent on Sunday morning and I didn’t receive it until very late on Sunday night when I came into civilization and an Internet connection.  It turns out I didn’t get back in touch with them in time to meet their deadline–so no interview.

It was People Magazine.