Posts Tagged ‘Right to Keep and Bear Arms’

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”?

Quote of the Day: Why Health Care Is Not a Right

Friday, October 9th, 2009

Dr. Pat Santy threatens to quit:

Let me be clear. I don’t believe that people have a “right” to health care; because, what advocating such a “right” basically means is that you believe you have a “right” to my mind; you have a “right” to my professional competence; i.e., you have a “right” to enslave me.

[Emphasis in original.] Yeah, read the whole thing. It’s short.

Unlike this, which is where I got the above quote and which is what I really wanted to point at. Kevin Baker over at the Smallest Minority does an Überpost on what is and is not a right, centering on health care. Absolutely wade in and keep going. Chock full of nutritious linkiness.

Including this from Marko the Munchkin Wrangler:

A human right only requires that people leave you alone to exercise it, not that they work for you, whether you give them money for their work or not. Freedom of speech is a human right. Freedom of association is a human right. Free exercise of religion is a human right. Free band-aids and vaccinations aren’t.

Aside from health care, Kevin also mentions:

Police protection isn’t a right. The courts say so. Fire protection isn’t a right. Education isn’t a right either, but I will agree that the majority certainly believes that it is.

“The courts say so.” Exactly. If police protection were a right, the police would be liable every time a crime was committed, and as every Jurisdiction in the land has declared, from the podunkiest little whistlestop to the Supremes they-own-black-robed selves, the cops are never around when you need one, because they can’t be. You do, however, have the right to arm your self, for self-protection. Although, oddly, the courts are only just now beginning to examine what is so plainly and clearly stated in the U.S. Constitution, as well as most state constitutions. Many jurisdictions have simultaneously declared that the police have no obligation to protect you, but you are forbidden to protect yourself and must rely on the police. Huh. How about that. Kinda makes you wonder what side they’re on, doesn’t it?

A Step-by-Step Guide to Killing Kids With Guns

Sunday, October 4th, 2009

I’ve slept on this since I made my last substantive comment on the “76 Reasons” thread with venomlash, re-read the whole thread several times, and I want to change my strategy.

venomlash, the reason I moderated and deleted your comments, other than on the “76 Reasons” posts, was not to censor facts and ideas I couldn’t tolerate, but to focus your attention, to get you to step through the logic and evidence on a single point, the deal about accidental gun deaths among children.

You proved unable to do that on your own. So, please, let me show how to work a debate point like this.

You accused me thus:
“You have yet to post a single statistic or number. You just ask me to find them on my own. If you want to refute my arguments, refute them with EVIDENCE and I will do the same.”

It does seem unfair, doesn’t it, that I’m imposing a standard on you that I myself seem to be ducking.

I’m hearing your confusion and frustration, which is partially my fault, because I’ve been having way too much fun in this fight, and forgot that my goal here is not to win, but to explain. I apologize for that, truly.

I’m going to explain now why I’ve been holding back on the stats and other details, in order to demonstrate what’s been going on that you may well not be aware of. Think of this as me standing at the blackboard and working through a sample problem for the class, an experience you should be very familiar with. But remember, there will be homework, and if I help you with that, you won’t learn how to do it yourself.

Unfortunately, I’m going to have to say some things that will likely be very uncomfortable for you. I know this because I know how uncomfortable they were for me as I came to grips with them. Please, then, slow down, scan through the whole post, so you can see where I’m going, then go back and read through again, carefully, working the exercises as you come to them.

I’m not asking you to trust me, because you absolutely shouldn’t, but I am asking you to try to see the argument as I did, to follow my thoughts, and to see why I came to the conclusions I did. (This is, by the way, an excellent technique to find flaws in your opponent’s argument.)

I am now going to step through the argument on accidental child death from guns. Steady yourself, this is going to take some time.

You opened with “How about all the kids who die because their parents leave their guns lying around loaded?”

Now, to those of us who have been following the gun rights debate for more than a few years, this pops out as a standard line from the gun control play book. (And if you’re going to play this game on that team, you need to understand that there’s not much you can say that isn’t a standard line with a pretty widely accepted meaning. If you mean something else, you need to be very careful to say exactly what you mean.)

In fact, “kids die because their parents leave their loaded guns lying around” is usually shorthand for, “Gun owners are incredibly irresponsible, often drunken, idiots who leave their loaded, unlocked weapons lying around on the coffee table, and their neglected little kids end up shooting themselves and their playmates. And this happens all the time; it’s a major cause of child death. If we banned just a few more kinds of guns a little harder than we do, it would save the lives of many, many cute little innocent children.”

For instance, here’s a post where I responded to someone else making that claim, someone who did a better job of it than you did. I used WISQARS [explained below] on him, too. This why I say I’ve already done my homework.

Again, it doesn’t matter whether that’s what you meant or not. That’s the way it’s been used for many years now, and that’s the way it will come across in debate. Just so you know, almost everything in the gun-control playbook is loaded in the same way.

In your case, I elected to accept the statement as a fairly innocuous proxy for “accidental gun deaths of young children.” In other words, suspecting your inexperience, I gave you a lot of slack.

I responded: “Yeah, how about them? How many, exactly? Look ‘em up, and get back to us. And please, no outdated lies from the Brady Bunch or Violence Policy Center. Try the FBI, or the CDC, primary sources. Remember that ‘anecdote’ is not the singular of ‘data’. Give us the numbers, please.”

(The “anecdote” comment referred to a link you provided of a typical gun-related Darwin moment. Yeah, they happen, always will, and there’s not a darn thing we can do to stop them all. They’re necessary — please consider the true meaning of the word “Darwinism”)

I’ve learned not to trust the numbers from The Brady Campaign and the Violence Policy Center. That’s a long story, beyond the scope of this post. I’m not asking you to trust me on this, but please just accept, for now, for the sake of the argument, that I insist on numbers from a source that does not couch them in terms of the gun control v. gun rights debate on either side. A neutral source. (“Non-partisan” is meaningless. There are RKBA Democrats, and gungrabbing Republicans. To most of the gun-control groups, the parties are puppets.)

Instead, I strongly recommend the WISQARS tool from the Federal government Centers for Disease Control. CDC is by no means a Second Amendment advocate (it suffers from a close association with doctors, who treat gunshot wounds, and therefore have a bit of a skewed outlook), but as far as I know, the WISQARS data is honestly collected and reported. The tool is a little clumsy to use, but it can be massaged into presenting very enlightening reports at amazing levels of detail, and I strongly encourage you to play around with it for awhile. You will never have to trust anybody else’s numbers again. As I type, the last year for which data is available is 2006.

[One problem with it is that the charts are dynamically generated according to your specific request, so I can't, literally can't, link to specific results. You'll just have to play with it. Sorry about that.]

Your response to my demand for data was, “In 1999, 3,385 kids under 19 died from firearm-related deaths, according to the U of Michigan Health System, which got its facts from the 2002 edition of Injury Facts from the National Safety Council.”

I objected to this, strongly, because first of all, you did not provide links, as requested. And, second, when I searched on Google (what, you think I couldn’t find it from your hints? That I work blind?) I discovered your numbers came from a report with a specific, anti-gun bias — exactly what I wanted to avoid. Two strikes against you, albeit small ones. The implication was that you were running a script, but were probably not aware of it.

Most disturbingly, though, you shifted the terms of the argument, a tactic known as “moving the goal posts”, and you did so in two dimensions.

First, you moved from “accidental death” to “firearm related death”. As I noted at the time, “firearm related” includes anything and everything that results in a child getting shot. This is a much larger set than simple accident.

Second, you went from “kids”, which is meant to conjure up images of cute little grade school kids, toddlers, and infants, to “under 19″. That means, at 18, at least some “kids” who have graduated from high school. “Kids” who are old enough to vote. “Kids” old enough to drive. “Kids” old enough to be parents. Most importantly, “kids” old enough to be in gangs, something that starts in earnest around 14 or 15. Old enough to be in gang fights. Old enough to commit armed robbery. Old enough to commit rape. Old enough to be in juvie, even prison. These “kids” are not playing with guns found in their parents homes, as your “what about…?” implies; these “kids” walk around all the time with guns stuck in their pants, looking to shoot and waiting to get shot on purpose.

Do you understand now why this goal-post shift set off loud alarm bells? When you did that, you didn’t just shoot yourself in the foot; you cut yourself off at the knees. You blew the fight, right there, and if I weren’t such a nice guy, I’d have pitched you out the door on the spot as a lying jerk not worth the trouble of sparring with. I didn’t just flat-out ban you, though, because, again accounting for your evident inexperience, I actually felt sorry for you.

Sit tight, now, and learn. Here’s what the real deal is:

The number of gun deaths due to outright murder, as well as legitimate self defense on the part of intended victims, goes way up at about fifteen, which is why I encourage you to plot, year by year, in an actual graph, gun deaths as a function of age, newborns to twentyone. Do it now, please. I’ll wait.

See what happened when they included the fifteen-to-nineteen year olds?

Pretty sobering, eh?

For those of you playing along at at the office, here’s roughly what you get:

A quick glance at WISQARS shows these firearm-homicide numbers, by age group:

 5- 9    62
10-14   175
15-19 1,940

From the 5-9 group to the 10-14 group, firearm homicides double, which admittedly is pretty grim.

But when we look at the 15-19 group, homicides go up by an order of magnitude, a factor of ten. This one group completely swamps the numbers for the groups comprising what most of us think of as “kids”. Adding that group into the mix, as the study you cited did, tells a filthy, lousy lie with completely valid numbers. Neat trick, huh?

In these ranges, firearm homicide is the top cause of violence-related death. In the 1-4 age range, it’s third, with 42 deaths. However, firearms, apparently, are not the weapon of choice when dealing with the under-1 baby threat; they’re not even in the top ten.

Now look at accidental death.

For ages 5-14, firearms accidents are ranked eighth. In the 15-19 group, it’s still only fifth, at 100 deaths over the course of an entire year.

Now, here’s why I like WISQARS: the chart that I’m looking at shows all top ten causes of accidental death, not just the gun deaths of the report you referenced. Here’s what beats out guns:

For infants under the age of one, “Unintentional suffocation” is top-ranked. I bet this means that most of these babies died in their cribs, strangled by their pillows, blankies, and teddy bears. Eight hundred and forty three of them died this way in 2006. That’s right: 843, just under half the number of gun homicides among teen gang-bangers. You wanna pass a law that takes away the babies’ lovies that help them sleep through the night? You are going to have a lot more than 843 angry, exhausted parents beating on your door at three o’clock on a work day morning.

In the one to fourteen age group, the number one accidental killer is “accidental motor vehicle traffic”, at about 500/year. At 15-19, that category shoots up to just under five thousand a year, as those crazy teens get the car keys.

In any case, cars and traffic are ranked number one. Number two is drowning or poison.Then comes fire/burn or “other land transport”. A lot of kids seem to die of suffocation; I have no idea what that’s about.

Now do you understand why I asked you, in a later post, about what else you would have to ban if you want to save as many children as you (allegedly) would by banning guns?

Go back to WISQARS. Play with the charts. Study the age groups, look at the causes, the rankings, the numbers.

The ugly truth is, guns are simply not an important cause of death in young children, accidental or intentional. Guns only become a problem when kids get old enough to shoot each other with malice aforethought, and even then it’s a fraction of what cars do. What matches and stoves do. What bug spray and weed killer do. What, for crying out loud, water does. You really want to ban water?

Anyway, guns are not the problem.

Now do you see why I wanted you to do the research and run the numbers yourself? If I’d just come out and said, “According to the CDC, gun deaths are a negligible cause of death in children under the age of fifteen”, and spat a couple of numbers at you, would you have believed me? Would it have meant anything to you? (And you wouldn’t have learned how to use WISQARS.)

Now that you’ve spent some time looking at the details yourself, the real numbers, in context, are you beginning to feel as cheated and lied to as I did when I ran across this the first time (in a much cruder fashion), lo these many years ago on Usenet?

I know, I know, the pre-programmed defense lies are kicking in about now, and causing you to feel angry. They’re not there to defend you, venomlash. They’re there to defend the core boss lie, to re-direct your anger from the people who fed you those lies to me and people like me. We haven’t talked about the Core Boss Lie yet, but we’re close. Get up, pee, do some breathing exercises. Clear your head.

I’ll wait.

[While waiting, Good Old Uncle Dave reads through the comments again, and stumbles across -- Oh, lordy!]

Back now? OK, venomlash, here’s something else you said:

Give me a statistic and I will find one to refute it with.

Kid, I just gave you the entire United States of America Federal government National Center for Injury Prevention and Control (one of the Centers for Disease Control and Prevention) official Web-based Injury Statistics Query and Reporting System. Not just “a statistic”, but a whole dataset, along with the online front end tool to view it with. This dataset is what the U.S. government bases public policy on; Congress even uses it to design laws, when Congress can be bothered to look at the facts, not the polls. It’s as official and thorough and complete as this sort of thing gets.

What the hell are you gonna put up against that?

You tried to fight me with a half-lie and a grossly unfair tactic, stuff entirely typical of the gun-control movement and its propaganda.

I’ll bet you didn’t come up with this. I bet you read it somewhere.

Somebody fed you this lie. Somebody wound you up, gave you a nice safe can of dollar store pepper spray, and sent you out to do battle for the Glorious Cause of Citizen Disarmament.

Eventually, you ran up against a real opponent with real guns and real ammo.

If this were a real fight, I’d be wiping spray-can taco sauce from my face, and you’d be dying of two sucking chest wounds and massive blood loss.

Don’t hate me, venom. Not yet. Just wait. This next bit will be short, not least because I need to get up for work in less than six hours.

At some point in the original thread, it looks like you began to realize that the numbers really didn’t line up on your side. And you typed, “Personally, it does not matter to me if one kid dies in a firearm accident or one hundred do vis a vis safety-oriented gun regulation. One death is one too many….”

“One death is too many.” Is 843 deaths also too many? How about the six thousand five hundred kids between the ages of 1 to 19 killed by cars? Is that too many? Are you seriously gonna take people’s cars away from them? Really?

Compared to other risks, accidental child death by firearms barely rises above the noise.

Even if you could, in fact, take away the guns — which you can’t, particularly not from the bad guys — it would barely make a dent in accidental child death.

Do you really think you can make people safe by taking away their tools?

Do you really think you can make people safe by taking away their liberty, their freedom, their control over their own safety, their control over their own lives?

Do you really think that tyranny is safer than liberty?

That’s the Core Boss Lie, venomlash, that people cannot be trusted with their own lives.

Gun control isn’t about controlling guns, kid. It’s about controlling you.

That’s why the Second Amendment prohibits infringing the right of the American People to own and carry the only class of tools, other than the printing press, protected by the Constitution.

Together, the First and Second Amendments establish a Fourth Branch of government: We, The People, ourselves. We rule here, venomlash. We rule across every square inch of America. We have the right to speak our minds, the right to argue, even the right to shout at our Congress Creeps at town meetings ["peaceably assemble and petition the government for the redress of grievances", it says here] — and we have the right to back up the babble with deadly force if we can’t our dedicated public servants a.k.a. the State to pay attention any other way. Good help is so hard to find, you know.

Let me turn your comment around, venomlash. Vis a vis the Second Amendment, it doesn’t matter to me if one kid or a thousand die in gun accidents.

Not that I don’t care about the kids themselves; I do, and I hate it that we can’t save each and every one of them. Not because I love me my guns more than I love the lives of all the little children.

It’s because I believe history shows, unequivocally, that the alternative to a thousand accidental child deaths a year is children and their parents dying by the tens and hundreds of thousands, by the millions, at the hands of jack-booted thugs on the orders of tyrants who swear they are honestly, really, truly, only trying to protect us from ourselves and each other.

I may shoot myself in the foot. I may shoot my niece in a range accident. I may go crazy and shoot up the office.

But I will be go to hell and fry in the devil’s skillet before I will meekly get on that train, and take my free ride to the showers, or kneel in front of the ditch and wait for the bulldozer to push me in still breathing.

You’ve been lied to, venom. You’ve been lied to, and used, and wadded up and thrown away, by people who think you are an idiot who will shut up and do as he’s told, because, hey, it’s not like you can fight back or anything, you having voluntarily given up your arms, and the force of will to use them.

Here’s Poor Richard himself, good old Ben Franklin, “The only President of the United States who was never President of the United States”:

They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.

As I said, I’m opening comments, as a gesture of good faith.

But before you start shitting all over my blog again, comment here and let me know that you read this.

Don’t try to argue every point, because, guess what? I really don’t care. Just let me know: Are you still willing to stand by “all the kids who die because their parents leave their guns lying around loaded” debate point? If so, explain exactly what changes in the law will achieve that. (Note that “changes” means you will have to explain what the law is.)

Are you still willing to trade liberty for safety?

Read, study, think. Talk. Ask questions, even here. You’re still young, you may not even be a member of the unorganized militia yet (USC TITLE 10 > Subtitle A > PART I > CHAPTER 13 > § 311, by the way, if you want to check.), you’ve get plenty of time to get things straight now; before you’re an old fart like I was even ten years ago.

Please, please, please: Read the Reference links in my side bar. Look up the Washington D.C. v Heller Supreme Court case, read the decision[PDF], read at least the briefs of the two principals (That would be D.C. and Heller, themselves) if not the all the amicus briefs (there’s more than a hundred of those, and they’re heavy going.)

Check out the laws in your state, and figure out how hard your elected officials have made it for you to exercise one of your fundamental, constitutionally-protected, un-infringe-able liberties.

Go back to the original thread, and read my comments again. Every time I say “do your homework, and report back”, that’s a flag that I could do an analysis like this one on that point, because I myself have already done that homework. You should learn to do that too, now that I’ve showed you how.

Think about the people who set you up for this fight, and ask yourself if you really want to trust them with you life. They don’t trust you with their lives, or even your own.

That’s the big difference between them and me. They think that they are competent to judge you and me, to decide if we’re competent to take care of ourselves. (Answer: almost always “no”.) They’ve tricked you into agreeing with them.

I, on the other hand, assume you are competent to own, carry, and operate even a real, honest-to-Stoner assault rifle.

If you can, get a gun. Get trained. Practice. Become “well regulated”.

If you want to see the sort of thing “well-regulated” could turn into if the control freaks meant what they said about “right to form a militia”, the sort of thing that would be an actual compromise in gun policy, check out my plan for training a real citizens’ militia, here and here.

Choose your ground well. Stand your ground. And equip yourself to do so.

Understand that if you do all the homework I’ve assigned, and still don’t agree with me, you will have become a formidable debating opponent. You might have a career in the law, or even politics. You might even convince me. I’d rather have that, than continue to see you as the wishy-washy weakling you’ve shown yourself to be in this debate.

(The last time somebody made such a poor showing in front of me, it was my toddler niece, crumbs all over her face, trying to convince me that no, she hadn’t stolen any of the forbidden cookies, and besides, she didn’t know they were forbidden. She was a lot cuter than you are, though.)

You are my fellow citizen, and I trust you with my life, if only because I can shoot back if it turns out you are untrustworthy. (And because I frankly think you’re probably a decent guy, when you’re not being a statist mouthpiece.) I hope you can trust me in the same way.

The day may come, soon, before I die of old age, when we might meet in the trenches, in an alley, in some dark dungeon, and please that we would meet as brothers in arms, and not as enemies.

We will certainly not meet as fellow slaves, because I, for one, will be dead first.

Good luck, and God Bless, whatever that may mean.

[Good morning! I left this thing in kind of a mess last night, but I'm back at the keyboard again, briefly, and have made a few edits. There may be more edits later, particularly to the last part with all the fiery, ill-considered rhetoric, if I get the chance. Till then....]

[More edits, nothing substantial. Except for minor typos, I'm probably pretty well done.]

[More edits, mostly adding links. Fixes for clarity and flow. Thanks, venom, for goading me into writing this. I'm tweaking it because I have a feeling I'm going to be referring to it often.]

Registration Equals Confiscation

Friday, September 25th, 2009

“Nobody wants to take your guns,” say the control freaks. “We just want to make sure that dangerous guns don’t fall into criminal hands. And a good first step is to register guns, so we know who has what, and can make sure that owners are law-abiding, properly trained, and certified.”

Uh Huh. “First step.” Sure. You betcha. Da, Comrade Officer.

They used to be legal firearms, but now they’re either unregistered or outright banned, and they’re wanted by police before there’s a chance burglars put them in Toronto’s underground and underworld markets.

Since March 1, Project Safe City swept 400 unregistered weapons — 150 of them handguns — from homes throughout the city. No charges were filed.

It’s part of a plan to ensure that neglected firearms don’t fall into criminal hands, Toronto Police Chief Bill Blair said yesterday.

Police are reviewing thousands of gun ownership files to determine which weapons have lapsed registrations and which are now banned, he said.

It’s your property. It was on the approved list. You bought it, quite likely for going on a thousand bucks or more. You were just doing your duty as a lawabiding citizen when you filled out the paperwork.

Now the “approved” list has been edited, and your property is no longer on it. Or you forgot to send in the renewal form, and now you are a felon.

And the Control Freaks have your name, your address, and a list of what you are no longer trusted to possess, but which you have childishly, irresponsibly, criminally refused to hand over when ordered.

Because although you’ve never hurt anybody with it, you’re so stupid, so careless, so unprofessional, you might let it slip into the hands of somebody who not only doesn’t care about the laws against illegal gun ownership, but doesn’t care about the laws against robbery, rape, and murder, either.

Understand this: It’s not about the damn guns, and it’s certainly not about the poor innocent victims of society that rob, rape, and kill.

It’s about control, and it’s about you. You must be controlled. Politicians, cops, and other crooks must be protected from you.

You cannot be trusted, and your life is not worth protecting.

The guns are just the excuse.

[Edit: inserted sense-reversing "doesn't"]

Roundhouse Kick

Tuesday, October 28th, 2008

Chuck Norris, a.k.a. Walker, Texas Ranger, explains that while he, “a black-belt patriot”, could take out a robber with a roundhouse kick, he’d prefer to use a gun:

[Youtube link]

I am not a Chuck Norris fan, because all too often, his stories involve being a Hero who comes in to help those who won’t, or can’t help themselves.

Here, though, he’s not offering to bring either his gun or his feet to protect you. He’s asking you, you personally, to stand up for your right to protect yourself, by checking the actual voting records of politicians who claim to support the right to keep and bear arms.

Bravo, Chuck! This, not your kick, makes you my hero for the day!

Swiped from Tamara K’s Porch.

Right to Life and Death

Monday, June 23rd, 2008

Pharyngula points to a poll that asks us if we “agree with the Genocide Awareness Project’s stance that abortion is genocide“.

Certainly not! Abortion is the result of an individual’s choice exercised against her own body. Genocide is the result of official government policy against a whole people. (However, forcible abortion can be used as an instrument of genocide.)

The right to an abortion, like the right to keep and bear arms, flows from our right and responsibility to govern our actions by our own consciences, even in matters of life and death. When we abdicate that right to the government, we enslave and degrade ourselves.

===

I’ve had this post mouldering in my Drafts folder for more than a year now. I don’t have time to blow the dust off, much less polish it up, but I really need to get it out where it can be looked at.

I wrote it in response to an email from a family member who is passionate about protecting abortion rights, but aggressive about abolishing the right to keep and bear arms. That may have ever so slightly affected the slant. ["Slant? There's a slant to this blog? Why wasn't I told?"]

Whatever. Here it is, for better and for worse. I’ll very likely come back and clean it up later, when I have a bit more time, and (with any luck) some feedback from both sides.

===

Legal and social context of the right to keep and bear arms (KABA) versus the right to an abortion:

KABA: Directly, the right to own a tool.
Indirectly, the right to use that tool in defense of your life and liberty.
Abortion: Directly, the right to end the life of a human embryo or fetus.
Indirectly, the right to govern your own body and your personal resources as you see fit.

KABA: The legal right to keep and bear arises from English common law, itself based on a primal instinct to defend one’s self and family.
Abortion: The legal right to an abortion is mostly a 20th century innovation. Abortion was forbidden under English common law. However, it appears to have been quietly ignored; and even outright infanticide immediately post-partum, while a felony in common law, is often ignored in practice. [Um, according to my hasty web research. I welcome clarification and correction on this point.]

KABA: Explicitly enumerated in and protected by the Constitution.*
Abortion: Protected by a Constitutional “penumbra” vaguely defined by the Court.

KABA: Applies to all competent, law-abiding adult citizens, at least in theory. “The right of the people…shall not be infringed” is as broad and absolute a prohibition on government interference as exists in the Constitution. In practice, of course, there are many jurisdictions where the right is denied even to retired or off duty military and police personnel.
Abortion: Applies to adult females, even violent felons, non-citizens, and (in some jurisdictions) minor children without parental oversight. In any case, though, only to females. Males, even the fathers, have no legal standing in most jurisdictions.

KABA: Rarely discussed in the classroom, even at the college level. In fact, many public schools effectively forbid discussion.
Abortion: Routine sex-education topic, even in junior high.

KABA: Press coverage is extremely hostile, and often inaccurate and deceptive. Sources who have never handled a firearm and are blatantly ignorant are cited as “experts”.
Abortion: Press coverage is generally sympathetic, although it may be just as inaccurate and deceptive. Sources are often professional advocates, health practitioners, or women who have had abortions. (Of course, the fetuses involved are rarely interviewed, photographed, or even mentioned.)

KABA: Heavily regulated by a hostile, arbitrary, and incompetent federal bureaucracy (the BATFX), and many usually hostile, or at best benign, state and local agencies.
Abortion: Regulated by ordinary medical practice, and many state and local agencies. Depending on jurisdiction, these agencies may be supportive, benign, or hostile.

Self Defense: Sole legal justification is defense against a direct, violent threat. In some jurisdictions, you must make every effort to escape before mounting a potentially lethal defense, even allowing an aggressor to chase you from your home or business.
Abortion: No legal justification required. Personal justification ranges from blocking an imminent threat to the mother’s health, to ending an inconvenient annoyance.

===

Consequences of exercising the implied right to use a weapon in self defense, or the direct right to have an abortion:

Self Defense: Very often, merely displaying the tool ends the threat, and there is no injury or death at all.
Abortion: Exercising the right inherently involves killing the embryo or fetus.

Self Defense: Target is typically a career criminal with a long history of lawlessness and violence who is deliberately threatening the shooter.
Abortion: Target is, excuse me, there is no other word, an innocent, and is not in any way responsible for the problem. On the other hand, at least for abortions in the first two trimesters, the target doesn’t have anything resembling a human brain, either. It is not self-aware, and does not have a conscience. It is innocent in the sense an earthworm or minnow is innocent (although even those creatures have mature, functioning brains).

Self Defense: Bystanders may be accidentally injured or killed. Such incidents are closely investigated, and the shooter is typically criminally responsible and civilly liable.
Abortion: Accidental abortions are called “miscarriages”, and can result from both preventable and non-preventable causes. Either way, they are typically not investigated by law enforcement. Only the mother and the affected fetus are involved. However, abortions are used to terminate “accidental” pregnancies, which often result from careless sex.

Self Defense: Self-defense decisions are made in the face of extreme threats, such as rape or death, and must be instant and instinctive. Weapons owners should, as part of their training, carefully think through the issues and decide under what circumstances they will employ lethal force, in order to act appropriately when the crucial moment comes.
Abortion: At puberty, girls should be presented with the facts and advised to carefully think through the issues. In any event, however, if an unexpected pregnancy occurs, the mother typically has hours, even days or weeks, to think things through and consult with family, friends, counselors, physicians, and, it is to be hoped, the father.

Self Defense: Merely displaying your weapon to an attacker (“brandishing”) can result in a police investigation, possible jury trial, and fine or imprisonment. As for actually putting a bullet in someone? Always, if the act comes to official notice, there is at least a police investigation, possibly resulting in life in prison, even execution.
“Every bullet comes with a lawyer attached.”
“Better to be judged by twelve than buried by six.”
Abortion: In most jurisdictions, abortion is a private, privileged matter between a woman and her doctor. Often, not even the father (or, for older minors, the parents) have standing. Under most circumstances, the matter never comes to the attention of law enforcement.

===

The asymmetry can balanced in two ways: relax constraints on the right to keep and bear arms, or tighten constraints on the right to an abortion. I strongly favor the former.

===

* In fact, the Second Amendment protects one of the two tools mentioned by the Constitution.

Pop Quiz: what’s the other? Hint: Not obstetrical forceps or curette.

Show ▼

Heller Out Today?

Monday, June 23rd, 2008

Heller, the Supreme Court’s first ever in-depth look at the Second Amendment, may come out today.

[Update]Immediately after posting, I clicked over to SCOTUSblog, and discovered that today’s opinions have been released, and Heller is not among them.

There are seven remaining opinions. SCOTUS has said more will be released Wednesday. It’s very likely that at least one decision, likely Heller, will come out Thursday. Sigh. [/update]

Probably not, though. There are ten cases left for release this term. The Court is likely to space them out over several days. and Heller will likely be left for last. See Alan Korwin’s Page Nine email #48:

The Heller decision could actually come later than June 23, the widely anticipated last scheduled day of proceedings for the session. The Court can add days to its calendar for additional decisions if it needs to, but these would typically come before the end of the week (June 27). Absolutely no way to know for sure until they act.

Lead attorney Alan Gura pointed out in an email to me (6/19/08) that the Court still has ten decisions left to issue, including three biggies, so it’s highly likely they will add days to the calendar.

My conjecture: The decision must be signed and sealed now for at least days if not weeks, to allow for proofing, typesetting, printing, binding, pre-mail activity, web prep, syllabus draft, etc. My guess is they would rather release it at the end, so the national hub bub doesn’t impinge on other work they have. Requests for interviews, phone calls from friends and close associates, shouting in the press, a ton of activity can be expected, might as well finish off the term first, no?

[Page 9 is also a blog, although these particular observations do not seem to be there. Here's a link to an article linking in turn to the articles he wrote back in March, when oral arguments were made. Korwin is the author of the Gun Laws of America series.]

Just for the record:

No matter what the Court actually says, it cannot decide whether or not I have the right to arm myself with deadly force. I do, the Constitution plainly says that I do, and it was the intent of the Founders that ordinary citizens be able to understand in some detail what their government is allowed to do. The Court can only decide whether or not the Government recognizes that right, and, by extension, whether or not the Government still considers itself bound by the Constitution.

My predictions: The D.C. Circuit decision will be upheld, and the D.C. laws in question will be voided. That’s all. There will not be strong guidance on setting a standard of review, simply a finding that the D.C. laws are  infringing under any standard.

Nevertheless, as Korwin said in March, “Whatever direction the Court provides, D.C. will end up as a model for the rest of the nation, and the Pandora’s Box is open.”

Nor will there be broad declarations of the meaning and breadth of the Second, other than possibly torpedoing once and for all the “collective” interpretation that it only protects the power of the several states to raise militias (non-binding musings in dicta notwithstanding).

Prof Meets Gun 4: UD Visiting Gun Show, Range

Monday, June 16th, 2008

The author of University Diaries, UD, will be going to a gun show, and plans to contact someone about a trip to the range.

She compares two extreme viewpoints there.

First Amitai Etzioni, a GW sociologist:

If one holds, as most studies do, that guns provide more danger than protection, and notes that other democratic societies greatly limit private gun ownership, one is naturally troubled by the threat that the new scholarship may help to overturn a strong and long-established endorsement of gun control laws by the Supreme Court. With so much at stake, should scholars refrain from conducting studies that might have grave unsettling social consequences?
… Would my colleagues put on their web site a study that demonstrating how to make the Ebola virus in a kitchen sink? Would they publish ways to make nerve gas in one’s basement? As I see it, when the results of a publication may well be fatal on a large scale, great weight should be given to social prudence.
… [M]y good colleagues in law schools [should] consider whether they should devote themselves to an academic pursuit other than undermining the Supreme Court rulings that have rendered gun control possible and legitimate…

To her credit, UD:

…finds Etzioni’s analogies — an individual in possession of a gun is a deadly virus, a nerve gas — as well as his aristocratic conviction that the possibly correct reading of one of our nation’s more important documents ought to be kept from ordinary American citizens, pretty stunning.

Stunning indeed, not least because Etzioni is comparing Second Amendment scholarship, not guns, to Ebola and nerve gas. We’ll assume ignorance, not malice, to be behind his comments about “most studies” and “a strong and long-established endorsement of gun control laws by the Supreme Court”.

Second, she cites GW law professor Robert J. Cottrel, who says:

[A] society with a dismal record of protecting a people has a dubious claim on the right to disarm them…. [I]t is unwise to place the means of protection totally in the hands of the state….

[T]he ultimate civil right is the right to defend one’s own life…. [W]ithout that right all other rights are meaningless.

Both of these quotes are from NRA websites; UD is not relying on one sided sources. She is honestly and thoroughly investigating guns and the Right to Keep and Bear.

Whatever conclusions she comes to, whether she elects to become a gun owner or not, she will have honestly earned her opinion, and I for one will respectfully listen to whatever she has to say.

[Series note]

I didn’t realize this was going to turn into a series. I’ve retitled the posts so far, but have left their URLs untouched so as not to break any existing links. Note that my numbers are not consistent with UD’s.

Posts in this series:

Prof Meets Gun 4: UD Visiting Gun Show, Range (this post)

Prof Meets Gun 3: On Scholars Visiting Gun Ranges

Prof Meets Gun 2: Gun Range Visit & Gun Answers

Prof Meets Gun 1

What Congress is Reading About Heller

Tuesday, April 22nd, 2008

I was finally moved to look up “certiorari” while reading the Congressional Research Service report on “District of Columbia v. Heller: The Supreme Court and the Second Amendment“. A quick skim shows that it’s a useful summary of a few key past Circuit and Supreme Court decisions. The most interesting part is the “Analysis and Conclusion”, the last page and half, which examines the implications of several possible decisions.

it seems likely that the decision will be drafted in a manner that is narrowly and specifically tailored to the District’s uniquely restrictive firearm registration and possession regulations. This approach would presumably leave lower courts with scant guidance on the proper standard to apply in reviewing less restrictive gun control laws.97 Concordantly, it is unlikely that any individual rights holding would be drafted so broadly as to implicate any existing federal firearm laws. The Supreme Court and the appellate courts (including the Fifth Circuit in Emerson) have affirmed the broad authority of Congress to regulate firearm possession on numerous occasions, and there is little evidence to indicate that these provisions would be found to be constitutionally problematic under any individual right standard the Court might delineate.

In addition to the extensive scope of the gun control provisions that are at issue, the unique constitutional status of the District itself will likely contribute to a decision that leaves many open questions even if the Court affirms an individual right interpretation.

(Via Say Uncle.)

The best we can expect, I think, is that the Court will find that the 2nd does indeed protect an individual right, and that the D.C. statutes unacceptably infringe that right, but will not establish tests which Federal laws applied to the states, or state or local laws, must pass. Nor will they set a “standard of review”, that is, how strictly courts should hold the Second Amendment. (The usual standards are “strict scrutiny” or “rational basis“.) This will crack, but not break, the seventy year old judicial ice. It will take two or three more Supreme Court decisions on Federal gun laws in the states, and the most egregious state and local laws (Chicago is often cited as a likely target) before laws start being broadly challenged.

As I’ve said before, the worst is that the Court upholds the D.C. laws. This would flatly declare that the Federal Government no longer considers itself bound by the Constitution, something many of us already suspect. I think this is very unlikely.

[edited for clarity]

1775-04-19: Patriot’s Day

Saturday, April 19th, 2008

Today marks the start of the American Revolution at Concord and Lexington–The Shot Heard Round The World, “the crack of terrible dawn“. Crittendon has Gen. Gage’s orders to destroy the colonial militia, Paul Revere’s account of his ride, and numerous “sworn accounts” of the ensuing action.

Orders from Gen. Thomas Gage to Lieut. Col. Smith, 10th Regt. Foot, 18 April 1775:

Having received intelligence, that a quantity of Ammunition, Provisions, Artillery, Tents and small Arms, have been collected at Concord, for the Avowed Purpose of raising and supporting a Rebellion against His Majesty, you will March with a Corps of Grenadiers and Light Infantry, put under your Command, with the utmost expedition and Secrecy to Concord, where you will seize and distroy all Artillery, Ammunition, Provisions, Tents, Small Arms, and all Military Stores whatever. But you will take care that the Soldiers do not plunder the Inhabitants, or hurt private property.

It can’t be repeated often enough: the opening shots of the American Revolution were fired over gun control.

Capt. John Parker, Lexington Militia, alleged remarks at Lexington:

Stand your ground. Don’t fire unless fired upon, but if they mean to have a war, let it begin here.

There will be no celebration here in Texas. I can find no mention searching The Houston Chronicle’s website. Nothing at NPR.

Mark it yourself by going to Crittenden’s, and reading some of the accounts.