Archive for the ‘Right to Keep and Bear Arms’ Category

Self-Defense Against Thugs Via the Second Amendment

Saturday, February 20th, 2010

“Thugs, crack-headed and jack-booted,” a phrase I often use when I argue the Second, refering to citizens defending themselves against common crooks and government would-be tyrants.

Mayor Bloomberg is high on the tyrant list, with his “Mayors Against Illegal Guns” campaign, and his own, apparently illegal campaign to entrap gun dealers in other states into selling guns to prohibited persons he hired for his little scam.

Now comes Gun Owners against Illegal Mayors, which has the run down on almost a dozen members of the MAIG campaign, mayors who have themselves been convicted of felonies.

There’s a reason these thugs want you disarmed, people: like all criminals, it’s a lot easier to rob you if you’re helpless.

Open Carry In Restaraunt Deters Armed Robbery

Friday, February 19th, 2010

Anecdotal, sure, but a hell of an anecdote.

Matt Brannan and J.P. Mitchell were dining in the Wafflehouse on Barrett Parkway at I-575 in Kennesaw at 4:45 in the morning recently when a scout for an armed robbery crew entered the restaurant to case it. At the time, Matt and J.P. thought he looked a little suspicious, as he was wandering around the small restaurant like he was looking for someone. Unknown to Matt and J.P., two cars full of armed robbers were parked behind the restaurant waiting for the scout’s report.

The scout saw that two of the customers were wearing holstered 1911 Springfield Mil-Spec .45 pistols, and he immediately turned and left the store.

Meanwhile, conscientious Cobb County Police Officer D. Lowe had noticed suspicious cars sitting behind the restaurant in the dark and decided to investigate. He caught men with masks and rifles who had been preparing to rob the Wafflehouse. The criminals informed the police that they had changed their mind upon discovering armed customers and were waiting for Matt and J.P. to leave.

Gun Bigotry

Monday, February 8th, 2010

Mark Bennett at Defending People thinks a client of his was discriminated against because of his race: white.

But read the facts of the case:

I had a client recently—call him Sam—who got in the law’s bad graces for some conduct involving alcohol and the brandishing of a firearm in his garage while his young daughter slept upstairs. The daughter—well-fed, well-loved, well-adjusted and well-cared-for—was never in any danger and never even knew what had happened.

Only a total idiot would think it was a good idea to take that child out of that home, but CPS was all over Sam’s case, questioning his daughter at school, filing suit against him, threatening to take her away from him and his wife. By spending a bunch of money on lawyers, Sam and his wife were able to fend off CPS and keep their very lucky child in their home.

Bennett then recounts another case where an eight year old girl starves to death because CPS repeatedly ignores signs of neglect.

In the first case, the parent was white; in the second, black.

I think there was bigotry, but not against race. My comment on DP [still awaiting moderation]:

One factor jumps out at me far more than race:

Sam’s case involved a firearm. I believe, based on many other stories I’ve read (i.e., anecdotal avidence) that CPS workers have a very strong prejudice against firearms and firearm owners.

Of course, Sam behaved irresponsibly. However, he in fact caused no harm. He very properly should have been rebuked with a fine. I think a mandatory gun safety course would be an excellent step. I might even support his gun being confiscated for a repeat offense.

But to confiscate his child? When no harm came to her or anyone else?

There is indeed prejudice here, outright bigotry. But it’s not against Sam’s melanin deficiency. It’s against his exercise of the Second Amendment.

The Power to License a Right Is the Power to Destroy It

Sunday, January 3rd, 2010

The First Circuit has upheld the power of Massachusetts police to draw on and arrest a concealed carry license holder and seize his weapon even after he has displayed his license, because there is no mechanism to confirm the license is valid.

Understand: the police can threaten and arrest a law abiding citizen for exercising a Constitutionally protected right, a right he has, in addition, gone through considerable trouble to license, including the training so often demanded by citizen control fanatics like the Brady Campaign and Violence Policy Center.

He’s jumped through all the hoops, and still faces violent arrest and confiscation by an office who lectures him that he is “the only person allowed to carry a weapon on his beat”.

The case stems from a lawyer who sued a police officer after he was detained for lawfully carrying a concealed weapon while in possession of a license to carry concealed. According to the case opinion, the lawyer, Greg Schubert, had a pistol concealed under his suit coat, and Mr. Schubert was walking in what the court described as a “high crime area.” At some point a police officer, J.B. Stern, who lived up to his last name, caught a glimpse of the attorney’s pistol, and he leapt out of his patrol car “in a dynamic and explosive manner” with his gun drawn, pointing it at the attorney’s face.

Officer Stern “executed a pat-frisk,” and Mr. Schubert produced his license to carry a concealed weapon. He was disarmed and ordered to stand in front of the patrol car in the hot sun. At some point, the officer locked him in the back seat of the police car and delivered a lecture. Officer Stern “partially Mirandized Schubert, mentioned the possibility of a criminal charge, and told Schubert that he (Stern) was the only person allowed to carry a weapon on his beat.”

For most people, this would be enough to conclude that they were being harassed for the exercise of a constitutional right, but the officer went further, seizing the attorney’s pistol and leaving with it. Officer Stern reasoned that because he could not confirm the “facially valid” license to carry, he would not permit the attorney to carry. Officer Stern drove away with the license and the firearm, leaving the attorney unarmed, dressed in a suit, and alone in what the officer himself argued was a high crime area.

In effect, this ruling means that a concealed carry license — or any license, really — does not confer the protection of the law on the licensed activity, does not protect even the presumption of innocence, but merely protects you against charges actually being filed, and against conviction. Any suppressive action short of that is permissible.

“Shall not be infringed”. How the bloody hell is this not “infringement”?

Section 311 of US Code Title 10, “Militia: composition and classes”

Sunday, December 27th, 2009

Randy Barnett explores the role of the unorganized militia in fighting terrorism.

According to press reports, a passenger helped subdue the terrorist who was attempting to bring down Northwest #253. This again highlights the importance of the unorganized militia in asymetric warfare. In Saved by the Militia, I offered this analysis in the wake of the success of the general militia on United Airlines #93 in defending Washington from terrorist attack on 9/11:

The characterization of these heroes as members of the militia is not just the opinion of one law professor. It is clearly stated in Federal statutes. Perhaps you will not believe me unless I quote Section 311 of US Code Title 10, entitled, “Militia: composition and classes” in its entirety (with emphases added):

“(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.

(b) The classes of the militia are —

(1) the organized militia, which consists of the National Guard and the Naval Militia; and

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.”

I’m occasionally guilty of saying that the National Guard is not part of the militia, because it’s part of the Army. Now I know better.

Read the rest of Barnett’s article for a partial explanation of why the unorganized militia is also crucial to the security of a free state.

Yeah, We Get That A Lot

Wednesday, December 16th, 2009

Blood In The Turnstiles:

A year ago, my native home town of Atlanta decided that people with CCW’s were ok to ride mass transit carrying their weapons.

And just like every other time the law abiding are allowed to exercise their rights, nothing happened.

It’s almost like the anti-gun forces are lying to us.

When Seconds Count….

Sunday, November 22nd, 2009

…The police are putting on you hold for an hour.

…[T]he afternoon of May 5, at Phoenix Park near Turner Field, Jackie Gordon watched a middle-aged man in a yellow jumpsuit chasing children on the playground while exposing himself.

Gordon grabbed her cellphone and dialed the familiar number for help: 911. The police, she was told, were on their way.

They weren’t.

Instead, the 911 operator sent an electronic message to a dispatcher for the Atlanta Police Department, who held the call — for 56 minutes and five seconds — before sending an officer to Phoenix Park. The dispatcher had no choice: The police department had no one available to promptly respond to a report of a man demanding sex from children.

With too much crime and too few officers on the streets, Atlanta police dispatchers routinely hold such emergency calls even longer than the time in which officers are supposed to reach the scene, an investigation by The Atlanta Journal-Constitution shows.

Via War On Guns.


I’ve been asked recently what my stand on gay rights is.

How about this? My stand is that if you try to assault or kill someone for being gay, your victim should be armed and capable of defending themselves.

Talking about the the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, recently signed into law by President Hopey, Kurt Hofmann points out:

Even the title of the bill is misleading: ” . . . Hate Crimes Prevention Act”? Laws don’t “prevent” crimes; they punish them, after the fact. Sure, it’s to be hoped that laws, and the negative consequences of breaking them, will act as a deterrent, but if that deterrence were very reliably effective, we would presumably not have a prison population of over 2 million.

Will the family and friends of the next Matthew Shepard or James Byrd, Jr. take much comfort in the fact that the killers will now face these new, federal penalties? Would they not instead vastly prefer that the “hate criminals” were stopped in their tracks?

Hofmann includes the obligatory link to the Pink Pistols.


Speaking of self-defense, for any reason, here’sPhilip Van Cleave, the President of Virginia Citizen Defense League, arguing for concealed carry on college campuses — and, by the way, concealed carry, open carry, night stand carry, what ever:

Myth after myth, shot down by cold hard facts.

On the Virginia Tech campus.

And, yeah, it’s all anecdotal evidence. But here’s the thing: these kinds of incidents are so rare, all the evidence on both sides is, essentially, anecdotal. What the available statistics do show is that at the very least, permitting people to arm themselves does not increase the number of bad things happening. Like seatbelts, yes, wearing a seatbelt sometimes causes problems — but the way to bet is that you are safer wearing a seatbelt, or a gun.

“What does it matter if I’m standing here, or if I leave campus…? Why is my life not valuable on one side of a line…and totally valuable and I’m a great citizen on the other…?”

“What’s so bad about self-defense, and what’s so good about being a helpless, unarmed student being murdered?”

Why You Can’t Keep Guns Out of the Hands of the Bad Guys

Friday, November 20th, 2009

They’re just too damn easy to make.

Like, for instance, this home-made, full-auto shotgun.

EMBED-Home-Made Belt-Fed Shotgun – Watch more free videos

Yeah, it has feed problems. Yeah, I bet it’s not as rugged or as portable as a mil-spec unit of equivalent power and speed.

But it’s a home-made machine gun.

You can carve a full-auto AK-47 out of scrap metal with hand-tools. There’s villages in Afghanistan that make their living doing that.

There’s a guy in England who published, both on paper and on the net, instructions on building firearms, including cartridges and full-auto firearms, out of house hold supplies and plumbing parts. He’s in jail now — jailed, for exercising his free press rights — but the documents are out there. The information is free. I’ve got a paid for copy of one of his manuals (although not where I can get to it right now).

Look up the story of David Marshall Williams. He invented a new rifle mechanism while in prison, back in Prohibition days. It proved to be so revolutionary that he was freed and put to work developing the famous M-1.

I’ve read instructions for making a single-shot, desperation shotgun out of a rolled-up magazine or newspaper, some tape, and a thumbtack.

Zip guns like that, and smuggled in commercial firearms, are confiscated in prisons all the time.

You cannot keep guns out of the hands of people willing to break the law to get them.

All you can do is see to it that the law abiding are armed as well.

God Kills Sarah Brady’s Kittens

Wednesday, November 18th, 2009

So Ambulance Driver went to Blogarado, a blogmeet/shootfest. And took pictures. And told stories.

Then there was this:

Saturday dawned bright and early with KatyBeth sitting astride my chest and patting me gently on the face, saying, “Wake up, Daddy! It’s time to go shoot!”

However, no pictures of Katy Beth shooting followed, and accordingly I whined in comments:

Wait, no pictures of Katy Beth shooting? I need that for my Kids Having Dangerous Fun collection.

And lo, today I ventured on to AD’s site, after taking all appropriate safety precautions, and under the heading “From the ‘Kids Having Dangerous Fun’ Files”, found:KatyBeth-5-1024x789

Plus two more piccies of wonderful squee! value.

AD, what can I say? In gratitude, I promise that if I ever have to fake a seizure for you, I’ll pee my pants.