Archive for the ‘Bill of Rights’ Category

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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.

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Posted in Bill of Rights, Dammit!, Government Idiocy, Guns and Ammo, Politics & Politicians, Right to Keep and Bear Arms | 1 Comment »

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.

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Posted in Bill of Rights, Government Idiocy, Guns and Ammo, Law, Political Correctness, Right to Keep and Bear Arms | 1 Comment »

Gunpal

Monday, February 8th, 2010

PayPal prohibits payments for transactions involving guns.

Gunpal “is an alternative to PayPal™ that does not discriminate based on the nature of your transaction, requiring only that the merchandise or services you purchase legal.”

Good on them, and I’ll try to use them everywhere I can.

Paypal? Piss off and die, or embrace the Second Amendment.

Posted in Bill of Rights, Cool Stuff, Guns and Ammo, Web | Comments Off

Why Defend the Indefensible?

Saturday, January 9th, 2010

At his excellent law blog Defending People, Mark Bennett answers The Question: “Why do you defend people who you know to be factually guilty?”

Actually, he answers seven times, after thoroughly dissecting the question itself. I’m going to abstract here, but you should absolutely read the whole thing.

I. The Sixth Amendment Answer

We swear to uphold the U.S. Constitution. Part of that Constitution, the Sixth Amendment, requires that everyone accused of a crime—not just everyone who a good lawyer thinks deserves it—have effective representation.

II. Cops lie [Scott Greenfield]. Prosecutors cheat. Juries screw up. Some laws should not exist, and other laws provide punishments that are grossly out of proportion….

If I take it upon me to decide who is guilty, it’s almost certain that sometimes my judgment would be wrong .

III. Jesus set the example—when called on to judge the woman caught “in the very act” of a capital offense, he defended her. Successfully.

IV. We all deserve at least one person on the damn planet willing to stand there next to us and fight on our behalf.

V. Any approximation of justice that the system creates comes about only because there are people fighting on both sides.

VI. The John Wayne Answer: When a person comes to me for a defense, with the vast power of the government arrayed against him, no matter what he did before he is the underdog now. I stand up for the underdog. I protect the weak from the strong. Every man needs a code to live by, and that is part of mine.

VII. Criminal defense is a way of looking at the world….

In other words, wir können nicht anders.

Read the whole thing, absolutely.

Overwhelmingly, a government unconstrained by constant challenge is guaranteed to do far more damage, to enslave and outright murder far more people, than even the most wicked of outlaws.

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Posted in Bill of Rights, Law | Comments Off

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.

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Posted in Bill of Rights, Constitution, Little Yellow Sticky, Military, Militia, Right to Keep and Bear Arms | Comments Off

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.

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Posted in Bill of Rights, Cool Stuff, Law, Quote of the Day, Right to Keep and Bear Arms, Self-defense | 1 Comment »

McDonald v. Chicago Briefs

Sunday, November 22nd, 2009

I doubt this case will collect anything like the number of briefs that Heller did, but it’s going to be an interesting fight nevertheless, and the issue involved — whether or not the Fourteenth amendment means anything — actually has much broader application than the 2nd amendment fight in Heller.

Anyway, the ABA is collecting briefs here.

Via Arms and the Law.

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Posted in Bill of Rights, Constitution, Law, Little Yellow Sticky, McDonald | Comments Off

Waterboarding Eric Holder With The Truth

Wednesday, November 18th, 2009

Lindsay Graham (R-SC) upbraids Eric Holder over trying KSM in a civilian court:

Scott at Powerline explains why trying KSM in a civilian court is an “Insane Protocol”. He also provides a link to the actual, official policy document. [Since this looks like one of those docs that might change or fall down the memory hole, I've saved it here.]

Andy McCarthy at National Review Online identifies and answers eight lies Holder tells in his testimony.

Let me explain, for those who haven’t been paying attention or doing their homework, the difference between criminal justice and war:

In criminal justice, you seek out the individual responsible for a specific illegal act, and punish that individual for that act accordingly.

In war, you seek to punish an entire nation or other polity for acting in a way you do not like. The purpose is not to punish this or that individual for this or that act, but to bring your enemies to their knees and make them beg you to stop. The technical word for this is surrender, and an honorable victor will accept the surrender and cease making war.

KSM is not an individual committing specific illegal acts who needs to be punished. He is a member of a foreign polity, and a leader within that polity, determined to bring about our surrender. That polity is making war upon us. When we protect its warriors with the safeguards of our justice system, we are bowing down, preparing to surrender.

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Posted in Bill of Rights, Dammit!, Government Idiocy, Law, Political Correctness, Politics & Politicians, War on Jihad | Comments Off

New Trial For Cory Maye

Tuesday, November 17th, 2009

Excellent news via Radly Balko at Reason.

Decision (which nobody seems to have read yet) here.

His original conviction, for defending himself and his infant child from a home invader who turned out to be a cop on a wrong-house raid, is a travesty. I certainly hope justice is served this time, and I hope cops everywhere take away the message busting down doors in the middle of the night is a desperation move, not something you do for small enough quantities of drugs that they can be flushed.

And most especially, that cops begin to get it that a “dynamic entry” against the wrong damn house is not ever in accordance with “proper procedure”.

In a nation ruled by armed citizens, it is quite properly asking for an instantaneous and righteous death sentence for the officers involved. When it happens it is utterly and completely the fault of the officers involved. Period. You better read the damn warrant, and check the address twice, because you are betting your life on it.

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Posted in Bill of Rights, Cops, Fighting Back, Self-defense | Comments Off

“Where In The Constitution…?”

Sunday, November 15th, 2009

“…is it authorized for the Federal Government to regulate health care?”
— Judge Napolito

In seven minutes, Napolito explains exactly how far out of bounds the government is.

Via David Codrea, who also presses you to ask your Congress Vermin “to point out their enumerated delegated power to regulate guns–you know, the one that overrides ’shall not be infringed’…?”

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Posted in B. Hussein Obama, Bill of Rights, Constitution, Dammit!, ObamaCare | Comments Off

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