Showing posts with label Brady Campaign. Show all posts
Showing posts with label Brady Campaign. Show all posts

Wednesday, March 19, 2008

John McCain on the (so called) "Gun Show Loophole"

Straight from the horses mouth. This is from a few years ago, but is still relevant, seeing as he is now the Republican Presidential Candidate. I see little difference between Obama, Clinton & McCain.

The latest statistics place criminal purchase of guns at gun shows at around .07%. [sarcasm mode on]Wow, that's a real problem![sarcasm mode off]

In addition it's not even a loophole. Here is the dictionary definition of what a loophole is:

loop·hole [loop-hohl] Pronunciation Key - Show IPA Pronunciation noun, verb, -holed, -hol·ing. –noun
1.a small or narrow opening, as in a wall, for looking through, for admitting light and air, or, particularly in a fortification, for the discharge of missiles against an enemy outside.
2.an opening or aperture.
3.a means of escape or evasion; a means or opportunity of evading a rule, law, etc.: There are a number of loopholes in the tax laws whereby corporations can save money.
–verb (used with object)
4.to furnish with loopholes.

So a loophole is a means of evading the law. In most states there is no law that prevents a citizen from selling one of their guns to another citizen.

So what are the anti's calling a loophole? What it is, is the ability of one private citizen to sell their own personal property to another private citizen without getting the government involved. It can happen anywhere, not just gun shows. Are they going to go after the "newspaper loophole" next? How about the "driveway" or "garage loophole"?

The whole thing is silly. The law will be about as effective as the Brady background checks have been. That is to say, an utter and abysmal failure. To any thinking person, the fallacy is clear. Paul Helmke can talk out of his ass all he wants, but it doesn't change the facts.

I went up to Olympia last year as part of our successful effort to stop the same type of bill in WA that had been passed in OR, with John McCains help, so obviously I feel strongly about this.

"I'm John McCain with some straight talk. Convicted felons have been able to buy and sell thousands of guns at gun shows because of a loophole in the law. Many were later used in crimes. That's wrong.

Here in Colorado, Amendment 22 will close this dangerous loophole by requiring criminal background checks by unlicensed dealers at gun shows.

I believe law-abiding citizens have the right to own guns. But with rights come responsibilities. Close the loophole. Vote Yes on Amendment 22."

—Senator John McCain

...and...

'"John McCain Urges Voters to Close the "Gun Show Loophole"

U.S. Senator John McCain (R-Arizona) is featured in two television spots in support of Colorado and Oregon ballot initiatives to close the "Gun Show Loophole."

The thirty-second ads, appearing in both states, are the first spots in a $1 million campaign sponsored by Americans for Gun Safety (AGS), a new non-partisan group that is supporting the two citizen-led referendums.

Currently, Colorado and Oregon laws allow unlicensed dealers to sell firearms at gun shows without performing the criminal background checks that are required for all sales by federally licensed dealers.

The ballot initiatives (Amendment 22 in Colorado and Measure 5 in Oregon) would mandate the same criminal background checks by unlicensed dealers at gun shows. Guns used in the Columbine shooting and the Granada Hills shooting were purchased from unlicensed dealers at gun shows—without background checks.

"Despite the tragic lessons we have learned, it is still far too easy for a convicted felon to buy firearms at a gun show. That is wrong," said Senator McCain in a recent press release. "This is not about what's conservative and what's liberal, what's Republican and what's Democrat. It's about what's right and what's wrong. And quite simply, closing this loophole is the right thing to do."

"I believe law-abiding citizens have the right to own guns, and I have steadfastly fought for those rights for many years. But with rights come responsibilities. I strongly support the Colorado and Oregon ballot initiatives that help close this dangerous loophole," said the Senator.

"These ballot initiatives have made Colorado and Oregon 'ground zero' for the gun safety debate," said AGS President Jonathan Cowan. "Americans for Gun Safety is pleased to join with a true American hero, Senator McCain, and the people of Colorado and Oregon in supporting these common-sense solutions that will help keep guns out of the hands of kids and criminals."'

John McCain can bite me. I will never vote for him.

source material

Friday, March 7, 2008

Goldilocks Gungrabber

LOL! This cartoon hits it right on the head!


Found via comments @ Armed and Safe

Friday, January 18, 2008

What the Anti's Want

Sear and Hammer has a rather graphic video on his blog of a vicious attack in the Netherlands (Rotterdam) in which a woman was stabbed over seventy times by a knife wielding psychopath. The bystanders try ineffectually several times to "karate kick" the attacker into submission without success. This attack goes on for some time before someone is able to drag him off of her. Fortunately the victim lived, although she still suffers from the aftereffects. After trying brutally to kill this woman, the attacker only got four years in prison.

Four freaking years!

In a perfect world, a helpful bystander would have pulled out their gun and blown the motherf&%#@& away. No trial, no parole, no coming back to harm his victim in four years.

Here is what wikipedia has to say about Netherlands gun law:

"Dutch gun law is typical of the Western European approach. Firearm possession is not subject to any constitutional protections, but regulated simply in the Arms and Ammunition Act (Wet Wapens en Munitie). Weapons, including firearms, are divided into four categories, and for each of the categories a certain maximum punishment is set for "voorhanden hebben" (possession), and "dragen" (carrying in public).

Only citizens who are members of hunting and shooting sports clubs may obtain licences for weapons. And even then they may only get a licence for category III weapons (sports weapons).


Firearm possession and use by the military and the police is not subject to Arms and Ammunition Act, but regulated separately.

Sale is only for those age 17 or over."



So basically, every law abiding citizen is unarmed. No wonder the only weapons on display in this video is a knife (held by the bad guy) and hands, feet and a stick (held by the law abiding citizens).


This is the kind of world the anti's want, this is what they want for the USA. They want to make everyone defenseless against every criminal deprivation; like lambs to the slaughter.

Together, we can stop them, but it requires ever diligence and no compromise with evil. And just remember, when they say they don't want to ban your kind of gun, it's only a matter of time before they come for you, and by then there will be no-one to speak up for you.

There are no separate groups. There are no "hunters" or "shooters" or "shotgunners", there is only "Gun Owners". Think about it, with 80M plus gun owners in this nation, do you think the politicians would listen if 80M people stood together with one voice and said "No More!"?

I think they would.

So get involved, join a gun rights group, stand up for your rights, because no-one else is going to. Together, we can stop them and take back all of the rights the second amendment promises up.

UPDATE: Gun Debate Critic has also covered this story and I somehow overlooked it.

Friday, December 28, 2007

Dreaming the implausible dream...

Consider this editorial by Joe Klock, Sr. of the Coral Gables Gazette. I've tried to break it down into manageable chunks, but just when I thought he'd stopped with the $#!^, there was even more.

I'll comment only on parts of his editorial, if you'd like to read the whole thing click here.

"As written, B.O.R. #2. reads, "A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Some hold that this only protects our right to have well-organized militias, while others read the same words as sanctioning the private possession of lethal weaponry.

What Madison really meant was interred with his bones, leaving interpretation to generations of English majors, history buffs, pacifists, gun-fanciers and, in their current session, the oracular whizzes of our Supreme Court."

He would have to pick the version with the most commas wouldn't he? Different versions of the second amendment exist with varying numbers of commas. With or without the commas it makes perfects sense when read in context and by studying other things the founders had to say about it.

"After extensive thought, exhaustive research and pleasurable study of "Eats, Shoots & Leaves," I have taken two firm positions on the issue: I will not speculate on what Founding Father Madison had in mind in 1789 or how he'd advise our Supremes in 2008.

Furthermore, I care not a rat's butt about that, although it might be interesting to know how he'd feel about private citizens owning AK-47s.

I do care that 30,000 Americans die annually as a result of guns in the hands of evil and/or irresponsible shooters."

Apparently you didn't do too much thought, exhaustive research and pleasurable study did you. Perhaps you'd have been better off researching the origins of the second amendment instead of a book of punctuation. Then again, since you don't care not a rats ass about the subject, you're just going to empty your gray and black water tanks on us in the form of this editorial.

Personally, I think Madison would have been fine with private ownership of Ak-47's by the unorganized militia.

Joe, would you care to back up your statistics from a non Brady or Joyce Foundation sponsored, or discredited study? I didn't think so.

"I also respect the rights of all people to defend themselves, their loved ones and their possessions against criminals, using firearms if need be.

Neither would I prevent millions of hunters from engaging in their chosen pastime, although such peculiar pursuits as shooting doves barely seem to qualify as sporting events.

Finally, I recognize that total prohibition of private gun ownership would be only a tad more popular and effective than the ill-fated banning of John Barleycorn in the Roaring (but seldom boring) 20's.

I submit, though, that those claiming the right to bear arms, either for fun or protection, assume concomitant obligations of responsibility and competence - not unlike those imposed on those who drive automobiles or perform heart transplants.

This question to those on both sides of the gun control controversy: Why not make training and licensure pre-qualifications for weapon ownership, with really heavy fines and jail sentences for those who don't comply?

No law-abiding and well-intentioned citizen should object to such a restriction, given its obvious benefit to society."

Oh my, where to start. First you respect the rights of individuals to protect themselves, their loved ones and their property with firearms. Second, you recognize hunters being able to pursue their sports whether you agree with them or not. Thirdly, you state (and I agree) that a total ban on firearms would be about as popular, and effective as prohibition was in the 1920's. Good on you for that, but then you had to flush it all away with your next statement. You state that you can't see how anyone would have an objection to treating gun ownership like driving a car. For someone who seemed to understand the rights of individuals earlier on, you prove that you really don't get it. I shouldn't be surprised.

Read the Bill of Rights Joe, I have. It's okay if you have to look them up online and read through it, I'll wait.

Done?

Okay, where in the Bill of Rights does it mention anything about driving a car, erm, horse and buggy? No? Okay, now what does the second one say? Okay, and no, it doesn't mean the National Guard or the government giving itself permission to form a militia (how stupid would that be). Now, how many times do you see "The People" and "The State" mentioned? Okay, now read the other nine (original BOR) and tell me whether or not it's clear on who has which right? Now why is the second amendment somehow different than the others? What's that? It says "Well Regulated?" Do yourself a favor and research the meaning of the phrase as it was used at the time for the correct context. Oh that's right, you really don't care about the "technical woo-woo's" as you put it.

Completely aside from this Joe, I and millions of other gun owners like me will never submit. Every gun confiscation in history was always preceded with registration. How do you think they knew where all the guns were? It sounds cliche, but "Legislation, Registration, Confiscation" has a lot more truth going for it than you'd imagine.

"This would counter the argument that if guns were banned entirely, only the criminals would be armed.

As to that lot of scoundrels, use of firearms in the commission of a violent crime could be raised to the level of a capital offense, with appropriate punishment. (Cruel and unusual, you say? Tell that to the victims and/or their families!)

Spare me, puh-leez, the legalese woo-woo and technical hair-splitting.

Simplistic though it may be, the remedy I suggest would save thousands of lives, make society safer and still allow private citizens to protect themselves, their loved ones, their hobbies and their worldly goods.

The doves are another matter, perhaps for another column when I really feel fearless."

"If guns are outlawed, only outlaws will have guns!" *sigh* Okay, yes, it's true. Following your plan though, the government could decide to take them at anytime they want. As to more severe punishment for criminal misuse of a firearm. Before they start doing that, I think they should make murder, robbery, rape, etc... against the law first. Oh wait, murder is against the law already and many states have the death penalty. You'd think with that in mind there'd be no murders. Aren't criminals afraid of capitol punishment?

Also, regardless of what the Brady Bunch say, there are well over 20,000 gun laws already in existence with more being added all the time. It's a constant battle to make sure my rights aren't being infringed.

Simplistic? Nah, I'd never say that...I'm too polite to tell you that you're full of crap!

UPDATE: Robb over at Sharp as a Marble has an excellent post concerning the 30,000 firearm deaths a year the anti's like to crow about. Go read!

Tuesday, December 18, 2007

Thank you Brady Campaign!

No, I haven't switched sides. LOL I just got an e-mail from "The Bunch" who kindly let me know that Will Ferrell, Amy Brenneman, Jeffrey Ross, James Whitmore, and Peter Weller were to be added to the list of celebrities whose work I should not support in any way.

I also found it interesting to learn that Dustin Hoffman joined their side after consulting with a Bradyite for his role in The Runaway Jury. Without weighing both sides of the issue and making an informed decision, he decided to throw all of his support behind "The Bunch." Typical. And just why I'm supposed to care what a celebrity thinks is beyond me. It's not like they aren't human just like me, they're not any smarter or wiser and definitely not any better. The moment a celebrity opens their mouth I stop listening.

Anyway, Dustin had the following to say:

'“The more I learned, the angrier I became. For example, despite the fact that more than 80% of Americans say they’re for greater gun control, it doesn’t happen, because the National Rifle Association (NRA) is the most powerful lobby in Washington, D.C."


Way to go dip-shit. I suppose this recent CNN poll doesn't mean anything to you?

"In all, 65 percent said they thought the Constitution ensures that right, and 31 percent said it did not. The question had a sampling error of plus-or-minus 3 points."


Put that in your pipe and smoke it Dustin, you worthless POS.

Monday, September 3, 2007

The Brady Campaign...the Criminal's Best Friend

In actuality, this could apply to any of the anti-freedom groups out there. They say "We don't want to ban your guns!" and then work actively to ban them and defend gun bans already in existence. They say, "We need sensible (common sense) gun laws!" while backing feel good legislation that does nothing to help crime and does more to hurt the law abiding gun owners. We have 20,000+ gun laws in this country already, if that many gun laws haven't solved the problem, then what makes them think another one will have any more effect?

Criminals laugh at gun laws, plain and simple. They routinely break the law as it is, so why should they care about one more? The criminals will be armed, that is a fact. Even in the "gun free Utopia" of England and Australia, criminals seem to have an inexhaustible supply of firearms available to them. It's no surprise to me and others like me that the violent crime level went up shortly after the law abiding citizens were forcibly disarmed.

Criminals prefer unarmed victims. In an interview with John Stossel, which was broadcast on nation wide TV, inmates openly admitted they chose victims who they thought would be unarmed. They admitted liking gun control laws because it made their job easier, and boasted how easy it was for them to get a gun if they wanted to. Criminals don't buy their guns at the local Wal-mart or gun store, and as a result, they don't have to pass a background check; it's simply 'cash & carry' for them.

So as the anti-rights groups keep pounding away at our second amendment freedoms, all they are doing is empowering the criminal element. Is this really what they want to do? Probably not, but it makes you wonder. I'm sure there are some wonderful, but misguided people who are anti-gun. The problem is, they are so invested in their beliefs that no amount of "Reasoned Discourse" will ever change their minds. When someone presents facts that disprove their closely cherished world view, they just stick their fingers in their ears and say "lalalalalalalala - I can't hear you!" Case in point, Paul Helmke and Robyn Ringler. They couldn't take the heat, so they closed comments on their blogs. This does nothing to stop people with facts from disagreeing with them, but it means they don't have to hear it.

I will never delete a comment just because the commenter disagrees with me, but I will not stand for personal attacks or rudeness. Luckily I've been troll free to this point, but just in case, that is my policy.

In Sarah Brady's Utopian fantasy, guns have been banned, pure and simple. If she and her cohorts were honest with the American public they would admit this. And in this Utopian future, while you and I are disarmed and left to our own devices, the criminals will still have their weapons... Like sheep to the slaughter. Like I said before...

Criminals prefer unarmed victims!

Saturday, August 18, 2007

Buy a Gun Day Redux

We're all familiar with April 15th as the original BAG (Buy a Gun) day. Now, in honor of Jesse Jackson and the Brady Campaign to Prevent Gun Ownership, I encourage everyone to buy a gun or ammunition on August 28th. Here's why:

RIVERDALE, Ill. (June 29, 2007)-- Rev. Jesse L. Jackson Sr., founder and president of Rainbow PUSH Coalition, announced today he will organize a national day of protest in 25 cities on Aug. 28, 2007, to rally support for legislation to restrict gun sales...
Once again, if you can, please buy a gun or ammunition on August 28th as a counter protest against those who would strip us of our constitutionally guaranteed rights.

Saturday, August 11, 2007

All Points Bulletin!

Be on the look out for the following:



Thanks to Blogonomicon!
Direct .PDF download.

Friday, July 27, 2007

A glimpse inside the mind of the enemy.

Limelight: Washington Ceasefire
Re-calibrating gun control
By Daniel Levisohn
(Commentary by Yuri)

(Something tells me these people need to talk to the JPFO, or possibly a Warsaw Ghetto survivor, it might change their attitude a little bit. You'd also think they would learn a thing or two from Jewish history on the need to keep and bear arms. Instead, they stick they're heads in the sand and hope that everything turns out alright. -Yuri)

This upcoming weekend, employees of the Jewish Federation of Greater Seattle will quietly commemorate the one-year anniversary of the shooting at its downtown office building.

For Seattle’s Jewish community, July 28, 2006 was a traumatizing introduction to gun violence, both in the scale of the attack and in the alleged shooter’s anti-Semitic motivations. But, even as the shooting was premeditated with the goal of killing Jews, looking back it is also clear the event created waves outside of the Jewish community. For starters, several of the women shot that day were not Jewish, but had intertwined their lives with Jewish causes. Many non-Jewish organizations also came to the Federation’s aid. In a year scarred again and again by the indiscriminate murder of innocent people at the hands of men with guns, the shooting linked Seattle’s Jews to other victimized communities. From the Capitol Hill Massacre to the murder of young Amish schoolchildren to the rampage at Virginia Tech, America’s senseless tolerance of guns was on full display. Taken together, the bloodbaths should have provided a timeline of evidence that our nation’s gun laws need to change — fast.

(I agree. All gun laws are unconstitutional and need to be repealed immediately! -Yuri)

Sadly, transforming the United States of American is a process that is often frustratingly slow. In Washington State, a hope emerged that an overwhelmingly Democratic state legislature might actually make guns more difficult for dangerous people to acquire by passing a plug to the gun-show loophole — a hope driven by so much common sense, it is almost comical that such a law was not passed and remains a political dream.

(This just goes to show that even though the Democrats may be in charge, common sense will still prevail. -Yuri)

Washington Ceasefire is the organization that should be leading the effort to tighten Washington’s gun laws, but in the last few years its own leadership says it has “struggled in the wilderness.” But at a fundraiser on Tuesday, July 17 at the Big Picture, they made a show of beginning to change that. They’ve brought in a new board and a new executive director, Kristen Comer, a young lawyer originally from Spokane who has worked on the Brady Campaign to Prevent Gun Violence. They’ve also taken the first steps to revamp their strategy. Comer said that within five years we will see a reduction in the number of firearm deaths in Washington.

(The only way I see this happening is if more people start CCW'ing and/or the state makes it easier to carry concealed. Criminals love unarmed victims. -Yuri)

Jew-ish spoke with Comer a few days before the fundraiser.


Jew-ish: A lot of people thought that in 2007 the legislature might actually get something done about gun violence. Can you talk a bit about what happened?

K.C.: I think last year it was traditionally the things that make it difficult. A lot of the time there is not enough political will. The people in the legislature are concerned their constituencies will be upset with them if they enact certain types of gun-control measures, and oftentimes on the other side of the issue their voices are much louder than those who are on our side of the issue.

But I think the tide is changing specifically after the shooting at Virginia Tech. People are realizing there are many loopholes in our laws right now and there are many ways to prevent senseless acts of violence.

(First of all Kristen, my rights are not a loophole, and secondly, you know as well as anyone that if Cho's victims had been legally allowed to CCW on campus, that day at VT didn't have to end the way it did. -Yuri)

Jew-ish: How active was Jewish community on this issue?

K.C.: We certainly worked quite a bit with the Seattle chapter of the National Council of Jewish Women. When we had our committee hearing for the gun-show loophole legislation, I know there were many members of the Jewish community who came to Olympia and showed their support for the legislation. I know it’s also still on the radar screen of the Jewish community as an issue that is important and as an issue to address.

(I was there at that hearing and Pro rights supporters outnumbered those who would take our freedoms away 3:1. It was actually quite heartening. -Yuri)

Jew-ish: Is Washington Ceasefire changing its plans for this upcoming year?

K.C.: We are trying to recalibrate the organization right now because we are in the middle of a change. Our organization going forward is going to have a foundation based upon three different organizational categories: One is a legal component. That will include any sort of legal research to better define what sort of legislation would pass muster and be least likely to be challenged constitutionally in Washington State. We are doing our homework on that front. We are also doing legal research into policy areas we think might be successful that we haven’t considered before. For example, we are looking at how we might influence policy not only at the state level but on a local level as well. In Seattle or Spokane or wherever it might be.

(It's like the old saw about How to Boil a Frog. If you toss him into hot water he'll jump out, but if you bring the heat up gradually you'll have boiled frog for dinner. This just goes to show why even the smallest anti-gun law can be allowed to pass. As time goes on, more and more small laws add up to be one big law and we'll have lost our rights forever. -Yuri)

Jew-ish: Is there more leeway to work locally?

K.C.: That’s part of what we are looking at right now. We have created a legal committee that is staffed with several talented attorneys and we have them doing research right now to figure out what our best alternatives will be.

One of the other prongs is the legislative portion. That is really undefined right now. I think we will probably try to close the gun-show loophole again. (I'll see you in Olympia if you try this again Kristen! -Yuri) But our legislative agenda isn’t set yet for next year. We are going to be meeting with some of our allies in the legislator over the next couple of months to better define what our goals will be is ’08 and ’09 after the elections have occurred.

The third part is our learnedness component, and that’s just getting back to the facts. We know the facts are in our favor. We know that in the United Sates we have the weakest gun laws and the highest rates of gun ownership, and we also have the highest rate of gun violence of any industrialized nation. And we know we can change that. We are going to look at the facts, and try to take the issue into a more credible arena: this is what we know, and this is why gun violence is important to you as an individual person.

(Care to back up these assertions with facts Kristen? No? I didn't think so, because you have none! -Yuri)

Jew-ish: Has Washington Ceasefire focused on the gun-show loophole because the organization feels it is politically achievable or because it thinks it would have a big impact?

K.C.: I was not here when the organization set that as its primary legislative ambition. So I can’t speak as to why that specific policy choice was chosen over many others. But what I do know is that on the face of it seems like a very sensible regulation. If you are purchasing a firearm from a licensed dealer and you have to undergo a background check, the same should be true when you are purchasing firearms at a gun show. There are many loopholes. It is just one in the many loopholes we have when enforcing the laws.

(Ignoring the fact that less than 1% of crime guns come from gun shows, she still lies. It doesn't matter whether you buy retail or at a gun show, if you buy from an FFL you still have to pass a background check. The only exception to this is private sales, and gun shows are not the only place that private sales are allowed. Many guns are sold at garage sales or through classified ad's. After she closes the "Gun Show Loophole" is she going to close the "Newspaper Loophole" too? -Yuri)

Jew-ish: Is there evidence that a significant portion of firearm violence comes through the gun-show loophole?

K.C.: The facts are very, very mixed and that is part of what we are pushing for this learnedness component of our new mission going forward. I know the ATF [Bureau of Alcohol, Tobacco and Firearms] put out a study a few years ago that showed that a significant portion of gun purchases at gun shows turn up later in crimes. It’s an easy way for people who can’t buy guns to show up and buy guns without a check.

(Again she lies. Show me the study Kristen. -Yuri)

Jew-ish: Is there anything else you want to tell our readers?

K.C.: We feel there is a lot of really good momentum going in our direction and we think in the next couple of years this issue is going to change. We think that Virginia Tech was shocking to people and rightfully so. And [the House of Representatives] just passed its first major peace of what people are calling gun-control legislation last month. It was the first bill they passed in probably 10 years, since the assault weapons ban, so actually 13 years. So that’s very encouraging. We feel that that sort of momentum will trickle down to the state and local level. And we have a strong mayor and police chief who really believe in our cause, too.

(Notice the repeated dancing in the blood of the VT victims for her own political gain. She also neglects to admit that the "Assault Weapons Ban" only banned certain cosmetic features and the same guns continued to be sold with some minor changes. She further neglects to admit that very few if any crimes were actually committed with these so called "Assault Weapons". I'm surprised she doesn't come out and try to label them "Fully Automatic Machine Guns" like her pal Josh Sugarman.

Folks, we cannot for one second stop in our struggle to keep our rights from going the way of the DoDo. The anti-rights crowd will never stop, and neither should we.

Hmmm... I wonder if the Police Chief ever found his gun?

-Yuri)

Monday, July 16, 2007

More on Washington D.C.'s Appeal

D.C. to Appeal Handgun Case to High Court

By David Nakamura
Washington Post Staff Writer
Monday, July 16, 2007; 2:44 PM

D.C. Mayor Adrian M. Fenty announced today that the city will appeal to the Supreme Court to uphold a long-time ban on handguns that was overturned by a lower court in March.

"The handgun ban has saved many lives and will continue to do so if it remains in effect," Fenty said at a morning news conference.

(If this is so, then how come Washington D.C. is the murder capitol of the USA? -Yuri)

In a 2-1 decision, a panel of judges for the U.S. Court of Appeals for the D.C. Circuit found three months ago that the city's prohibition against residents keeping handguns in their homes is unconstitutional. In May, the full appeals court declined a petition from the city to reconsider the panel's decision.

There is no guarantee that the Supreme Court will even hear the city's appeal. The high court has not ruled on a Second Amendment case since 1930, D.C. Attorney General Linda Singer said. She said she consulted numerous legal experts before recommending to Fenty (D) two weeks ago to appeal the case.

While many have said that the city should fight the appeals court ruling, some cautioned that a defeat in the Supreme Court could carry severe ramifications across the country for other cities whose gun control laws could overturned.

"We're right on the law," said Singer, adding that the city's ban on most handguns will remain in effect during the appeals process.

"Wherever I go, the response from the residents is, 'Mayor Fenty, you've got to fight this all the way to the Supreme Court,' " Fenty said.

The city's three-decade-old gun ban was challenged by six D.C. residents who said they wanted to keep guns in their homes for self-defense. The District's law bars all handguns unless they were registered before 1976; it was passed that year to try to curb gun violence, but it has come under attack since then in Congress and in the courts.

Alan Gura, an attorney who represented the plaintiffs in the case that overturned the gun-ban, predicted the high court would affirm the lower court's decision.

"We're very pleased the case will go to the Supreme Court," Gura said. "We believe it will hear the case and will affirm that the Bill of Rights does protect the individual."

A central question the D.C. case poses is whether the Second Amendment protects an individual's rights to bear arms. Experts say that gun-rights advocates have never had a better chance for a major Second Amendment victory, because a significant number of justices on the Supreme Court have indicated a preference for the individual-rights interpretation.

Singer said she expects to receive legal assistance from several high-profile Constitution experts, as well as other cities. She said she will ask for a 30-day extension on the deadline to file her appeal with the Supreme Court, pushing that date to Sept. 5.

"If the U.S. Supreme Court decides to hear this case, it could produce the most significant Second Amendment ruling in our history," Paul Helmke, president of the Brady Center to Prevent Gun Violence, said in a statement. "If the U.S. Supreme Court follows the words of the U.S. Constitution and the Court's own precedents, it should reverse the Appeals Court ruling and allow the District's law to stand."

Monday, June 25, 2007

Mack vs. Brady - 10 years after a defeat of the Brady Bill,... then the NRA Turns on us...again.

On March 30, 1981, John Hinckley shot President Reagan and severely wounded his press secretary, James Brady. Richard Mack was watching the news about all this from his office in the Provo, Utah Police Station where he had just started his career in law enforcement. This was the first time he had really heard of James Brady, and 15 years later he would find himself on opposite sides of a lawsuit sitting next to James Brady in the United States Supreme Court.

Richard Mack was raised in Safford, Arizona. He graduated from BYU and stayed in Provo as a policeman for about 11 years. He left a promising career to move back to Arizona and run for Graham County sheriff. He was elected in 1988 and again in 1992. In 1993 Bill Clinton signed the Brady Bill (named for James Brady) into law and the wheels of Sheriff Mack's lawsuit opposing the Brady Bill began to turn.

The Brady Bill was a federal law which required the local Sheriff to conduct background checks on all of Sheriff Mack’s constituents who wished to purchase a handgun. The sheriff was responsible for all costs associated with the checks, keeping files on each purchase and notifying the gun shops and customers of his findings. Sheriff Mack told me that the most offensive portion of this legislation was that the bill contained a provision that threatened to arrest "anyone who knowingly failed to comply." Well, sheriff Mack intended to do just that; he would not comply and instead filed a lawsuit in Federal District Court in Tucson to have the Brady Bill ruled unconstitutional.

At the time, he was the only sheriff in the entire country taking such action. He made the decision alone, except for consulting with his wife. He told her that this would probably be very unpopular and that this type of thing could cost them dearly; including everything they owned. She gave him her full support, but it did as Mack had feared, he lost his home, his job and his career in law enforcement.

Mack's lawsuit was filed the very day the Brady Bill took effect, February 28, 1994. Approximately five weeks later another sheriff from Montana filed the same suit there. Ultimately, six other sheriffs joined the lawsuit that Sheriff Mack started, which made a total of seven; seven out of 3020.

The suit contended that the federal government had no authority or jurisdiction to compel or force any sheriff in the United States to comply with any mandate, funded or not. Sheriff Mack also objected to being forced to participate in a federal gun control scheme, but the suit had no standing on Second Amendment grounds. All the District Court cases were successful, with each sheriff prevailing except the case filed by a Texas sheriff. Losing a court case in Texas about guns and state sovereignty is of interest.

The government of course, appealed and Sheriff Mack and Sheriff Printz (Montana) headed to the Ninth Circuit court in San Francisco. They had just met for the first time a few weeks earlier as guests on the Phil Donahue Show. The case in San Francisco did not go well and this court, the most overturned court in the United States, dealt the sheriffs a crushing defeat. However, the Texas sheriff prevailed in the Fifth Circuit and this is exactly what Mack had hoped for; conflicting rulings from the Circuit courts. This all but guaranteed that the U S Supreme Court would have to take the case to settle the opposite rulings from the Circuit courts.

A few months later the miracle was finally announced; Mack v. USA would be heard by the Supreme Court on December 4, 1996. Mack had just lost his bid for re-election a couple of months prior. He was extremely disappointed, but not surprised. Appearing before the U S Supreme Court was an amazing and awesome experience. He spoke briefly with James Brady. He was very friendly and told Sheriff Mack that he admired him for fighting for what he believed in. After the hearing Sarah Brady called Mack and Printz "rogue sheriffs."

Upon leaving the sheriff's office Mack took a job teaching high school government. He enjoyed it and it kept him busy while he waited for the Supreme Court's decision. On weekends he still made some appearances around the country speaking at freedom rallies. Then after six and a half months of waiting, CBS news called Mack at home on June 25th and informed him that the decision would probably be announced on the 26th or the 27th. They asked him to go to a hotel in Tucson so they could interview him as soon as the decision was published. He did as they requested. Then on Friday morning at about 7:30 a.m., June 27, 1997, CBS News called Sheriff Mack and congratulated him on his victory. The United States Supreme Court ruled in favor of the sheriffs and told the federal government, i.e., the Clinton administration, that it could not compel the states or the states' officers to administer a federal regulatory program. Justice Scalia delivered the decision for the majority, which was a tenuous 5-4 split.

Mack's case has appeared in history and government text books and it was covered by every major news agency in this country. The lamentable issue here is the real impact this victory should have had never happened. The Clinton White House said the decision was meaningless and Janet Reno quickly downplayed it stating that it would change nothing. The truth of the matter is Mack's case changed history. There were actually five Brady bills scheduled for Congress' promulgation, each one to be passed one year after the other. Brady bill two was introduced just two months after Sheriff Mack filed his lawsuit by Senator Moynihan. It failed in committee and Brady bills 3, 4, and 5 were never even mentioned. Sarah Brady said at the signing of the first Brady bill that this "was only the beginning." If the rest of her Brady bills had been passed the Second Amendment would have been completely gutted and gun shows would have been a thing of the past. Mack's case had a great deal to do with stopping this. He fought the Clintons, the Bradys, Handgun Control Inc. and countless others. He received hate mail and threats and ironically had a window shot out of his mini-van. On the other hand, he is the only person in history to have received the top law awards from the National Rifle Association, Gun Owners of America, the Second Amendment Foundation, the Firearms Industry of America, and the Local Sovereignty Coalition. This battle was a real roller coaster ride for this small town sheriff. It cost him a lot and it brought him a great deal of satisfaction.

“What frustrates me to this day is the fact that state legislatures ignore the door that this case opened for them to keep the feds in DC. My other concern is that Congress violates his ruling from the Supremes on pretty much a daily basis. Why would we expect anything else from them? They violate the rest of the Constitution as a matter of routine also.” Mack said.

Richard Mack was a sheriff who walked tall. He stood against political correctness and made a difference for all of us. He gave us something to believe in. His case was extremely powerful. It re-established the lines between DC and local autonomy.

His favorite quote from the ruling made this entire battle and ordeal completely worthwhile: "But the Constitution protects us from our own best intentions. It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location, as an expedient solution to the crisis of the day." Now if our senators and representatives would follow this ruling? Thank you Sheriff Mack and happy anniversary!

It is now 10 years later and Mack has sent a letter to Wisconsin Gunowners that were upset about increased background checks of the federal mandate that required access to mental records (unfunded mandates) first step to submitting to mental evaluation to purchase a firearm. “State legislatures are not subject to federal direction” NRA supported the Mack V. Brady litigation to the tune of almost half a million dollars and now is supporting federal legislation (HR 2640) that rips at the heart of this court victory.

Is the NRA just trying to fit in to political correctness or is there another agenda they are supporting? Sarah Brady put out a statement saying that this bill was a victory for gun control and was shocked that the NRA was supporting this.
The NRA’s cooperation with Congresswoman McCarthy and Senator Shumer isn’t a surprise to those of us that have been witness to the NRA’s authoring hand of gun control legislation, A+ endorsements of legislators that vote for legislation like the Assault Weapons Ban, provide cover for the passage of the Brady Bill in the first place and abuse the gun owner and their vote over and over.

“The Gun Control crowd is very happy that this is a step towards requiring a mental health screening before obtaining a firearm.” (Reporter Comment: …and the government gets to determine what is and is not proper mental health?) “I’m praying for the day that the NRA and Congress respect and follow the United States Constitution.” Richard Mack.
To celebrate the 10th anniversary of his Supreme Court victory Fmr. Sheriff Richard Mack will be honored at the Tucson Breakfast Club June 30th (Sat.) 520-419-4364 Mark Spear for details.

The Mack v Brady suit was directed at the Clinton Administration (The only non-sexually oriented lawsuit that I know of) but with the Bush admin in office now, the NRA has become the Gun Control darling of a Fascist Regime bent on total domination of an increasingly resistant population. And I was paying very close attention during those years in the mid 90’s when I met Sheriff Richard Mack while he was still Sheriff of Graham County. It was Sheriff Mack that confirmed for us the existence of “Project Lead” we had heard about through Maricopa County Sheriff Department Investigators. Sheriff Mack provided us the forms for this Clinton Administration effort to register every unregistered firearm in the nation that they could during any contact an individual had with law enforcement. This is when individuals were beginning to be asked if they had a firearm while being pulled over for traffic stops or any other contact with an officer. The form was adapted from the form used to track firearms involved in a crime and were traced by investigators of a crime. The forms now include providing the information of all of the people traveling with the person detained and even the license plates of other cars that might be associated with the person in contact with the law enforcement officer. This came to our attention because an officer under Maricopa County Sheriff Joe Arpaio was very concerned about what they saw happening.

Many in Arizona may remember when Sheriff Joe Arpaio announced that no Sheriff employee was to ever speak to the media again and that his office would be the sole media contact. This was a direct result of our published investigation into “Project Lead” conducted by the BATF in Washington that was originally to be test marketed in other large cities that did not include any in Arizona. It was Sheriff Arpaio that invited the Federal Government here and Sheriff Richard Mack’s opposition to such gun control caused a rift between the two Sheriffs that was more about who stealing Arpaio’s spotlight than the discussion of abuses of Federal Power and a Sheriff’s duty to use their powers as the _highest_ ranking law enforcement in their jurisdictions to protect the people from such abuses. This is what Sheriff Richard Mack did while Sheriff Arpaio has pursued an entirely different path.

Some of the Supreme Court’s decision is included to inform you of what should have been embraced by our government officials in what is suppose to be a Constitutional Republic. But what I fear Richard Mack’s greatest contribution to freedom has been, is that he has demonstrated just how overdue we are for a full blown revolution between the ears. It’s time we all recognize just how bad thing really are.

This separation of the two spheres is one of the Constitution's structural protections of liberty. "Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front." Gregory, supra, at 458.
To quote Madison once again:

"In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself." The Federalist No. 51, at 323.
"Much of the Constitution is concerned with setting forth the form of our government, and the courts have traditionally invalidated measures deviating from that form. The result may appear `formalistic' in a given case to partisans of the measure at issue, because such measures are typically the product of the era's perceived necessity. But the Constitution protects us from our own best intentions: It divides power among sovereigns and among branches of government precisely so that we may resist the temptation to concentrate power in one location as an expedient solution to the crisis of the day." Id., at 187.

We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case by case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty. Accordingly, the judgment of the Court of Appeals for the Ninth Circuit is reversed.

Richard Mack was inducted into the NRA Hall of Fame 1994 and was the NRA’s Law Enforcement officer of the year 1994. His books: “From my Cold Dead Fingers – Why America Needs Guns” 1995 republished and updated after SCOTUS Victory in 2000 – “Vicki, Sam and America – How the Government killed all Three” - 2003.


Monday, June 18, 2007

In Defense of the Tiahrt Amendment

The anti-gun forces would have you believe that the Tiahart Amendment is somehow evil and needs to be repealed. The New York Times even ran an op-ed recently calling for it's repeal, based on the erroneous idea that it somehow keeps law enforcement from getting the valuable firearms trace data they need to investigate crimes. As you can see from the below article from ScrippsNews, this is a lie, pure and simple.

"Setting the record straight about firearms trace data
By MICHAEL J. SULLIVAN
Monday, April 30, 2007

During the past several weeks, numerous questions and articles have arisen in the media, regarding the ability of the Bureau of Alcohol, Tobacco, Firearms and Explosives to share firearms trace data among members of the law-enforcement community. With the recent tragic events surrounding the senseless criminal use of firearms; I felt the need to clarify this important issue.

Firearms trace data is critically important information developed by ATF to assist state and local law-enforcement in investigating and solving violent crimes. This data tracks the transfer of a firearm from the manufacturer to the gun's first purchaser, and can assist law enforcement in ultimately pinpointing the individual who used the gun to commit a particular crime.

During the investigation of the recent Virginia Tech incident, ATF provided the Virginia State Police (VSP) with trace information that allowed the VSP to determine where and from whom Seung-Hui Cho purchased the two handguns he used in the shootings. Firearms trace information was also used to solve a theft of 22 firearms from a security service in Atlanta that were subsequently purchased by an undercover police officer on the streets of New York.

ATF considers this information law-enforcement-sensitive because it is often the first investigative lead in a case. We treat it no differently than fingerprint matches and other crime-scene information, since disclosure outside of law enforcement can tip off criminals to the investigation, compromise cases and endanger the lives of undercover officers, witnesses and confidential sources.

Our agency routinely shares trace data with state and local law-enforcement agencies in support of investigations within their respective jurisdictions. Once a requesting agency receives law-enforcement-sensitive trace data from ATF, it becomes the agency's data to disseminate and share with other law-enforcement entities as it deems appropriate.

Let me be clear: neither the congressional language nor ATF rules prohibit the sharing of trace data with law enforcement conducting criminal investigations, or place any restrictions on the sharing of trace data with other jurisdictions once it is in the hands of state or local law enforcement. In fact, multi-jurisdictional trace data is also utilized by ATF and shared with fellow law-enforcement agencies to identify firearm-trafficking trends and leads. Additionally, nothing prohibits ATF from releasing our own reports that analyze trace-data trends that could be used by law enforcement.

ATF has a proud tradition of supporting its law-enforcement partners at every level of government. We will continue to provide them with the information they need to protect our communities from individuals who would use firearms to further illegal activity. Congress has recognized ATF's crucial role in that investigative process and has protected our ability to share that sensitive data with law enforcement. The restriction did nothing more than to codify ATF's longstanding policy of sharing trace data with other law-enforcement agencies for the purpose of conducting a criminal investigation.

Our priority will continue to be to release trace data in a manner consistent with our longstanding policy, and to support the over 17,000 federal, state, local and foreign law-enforcement agencies that avail themselves of this crucial tool.

(Michael J. Sullivan is acting director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Department of Justice.)"

Thursday, June 14, 2007

When you compromise with Evil, Evil wins!

"Victory for Gun Control in House. NRA Sees the Light" says the email I got today from the Brady Campaign to prevent Gun ownership. I am completely opposed to this bill. The fact that the NRA decided to negotiate with evil on this is incredible. I am a member, but more and more I'm becoming dissatisfied with their policies. From giving anti-gun sheriff's and politicians "A" ratings and now this blasphemy. This bill would have gone nowhere without the NRA's help. They say they will keep an eye on it and withdraw support if more anti-gun amendments are added to it, but I'm not sure I believe them. Besides, even if they do withdraw support, now that the Democrats control Washington it will get rammed through anyway.

By the way, who's hands are the "wrong hands" they refer to in the letter? Pull back from the computer, raise your arms up in front of the monitor and have a good look.

From the Brady's:

Victory: Bill That Strengthens Brady Backgrounds Checks Passes U.S. House

Dear Mr. Orlov,

That’s right! You read it correctly. With your help, we’ve been asking legislators, “What are YOU going to do about gun violence?”

And we got our first BIG answer yesterday, when, by a voice vote, the U.S. House of Representatives passed H.R. 2640 to strengthen Brady background checks!!

The bill, introduced by Rep. Carolyn McCarthy (D-NY) requires states to automate their lists of convicted criminals and the mentally ill who are prohibited from buying firearms.

It also requires states to report those lists to the FBI's National Instant Criminal Background Check System (NICS) that was enacted with passage of the Brady Law.

And now this important bill is moving swiftly to the U.S. Senate and we need your help today to make sure it gets passed.

Please make a generous contribution of $15.00 or more today to help us make this happen.

Surprisingly, the NRA supports the bill. The Virginia Tech shootings were a horrific reminder of the gaps in U.S. gun laws. The gun lobby knew its usual opposition to any and every solution we brought forward would be unacceptable to the American public so it made this concession.

But we know we still have much more to do to keep guns out of the wrong hands and that the gun lobby will oppose us as we move forward with other sensible steps. We will work to push Congress to extend Brady background checks to all gun sales — especially those at gun shows.

To do the work ahead, we need your support today to sustain this strong momentum. This is the BEST time for you to make a contribution to help our fight to make Brady background checks stronger ... step-by-step we are making progress.

Show us what YOU’RE going to do to help stop gun violence by making a contribution of $15.00 or more right now.

Thanks for your support! We’ll keep you posted ...

Sincerely,

Sarah Brady, Chair


Hmmm, I feel the need to make another contribution to the gun Rights organization of my choice. I suggest you do the same.

Thursday, June 7, 2007

Monday, June 4, 2007

Does God Believe in Gun Control?

By David B. Kopel

"You are doing God's work," Brady Bill sponsor Charles Schumer remarked to Sarah Brady at one Congressional hearing. And perhaps one could argue that if it took God seven days to make the world, people shouldn't be able to buy a gun in any less time.

But did God really endorse the Brady Bill? One would certainly think so, given the huge number of Protestant, Catholic, and Jewish religious organizations that endorsed the Brady Bill, and which endorse virtually every other gun control proposal. God's anti-gun army is prominent not just in Washington, but also in the state legislatures.

This year, for example, as legislatures have debated laws allowing licensed, trained citizens to obtain a permit to carry a handgun for protection, some of the most vocal opponents have been religious groups. Now the state chapter of the National Council of Churches does not show up at legislative hearings armed with criminological data. Instead, persons claiming to testify on behalf of "the religious community" come to express their "moral" opposition to the use of deadly force against criminal attack.

This same world view is at the heart of the federal ban on so-called "assault weapons," which attempts to distinguish good "sporting" firearms from bad "antipersonnel" weapons. It likewise motivates the stated long-term agenda of Sarah Brady's organization Handgun Control, Inc.--to outlaw firearms possession for self-defense. Within the gun control movement, one does not have to dig very far to find the strongly-held and sanctimonious belief that the NRA and its ilk are moral cretins because they believe in answering violence with violence.

But is hostility to the lawful use of force for defense the only morally legitimate position? The moral authorities relied on by most Americans suggest otherwise. The Book of Exodus specifically absolves a homeowner who kills a burglar. (Exodus 22:2, "If the thief is caught while breaking in, and is struck so that he dies, there shall be no bloodguiltiness on his account.")

The Sixth Commandment "Thou shalt not kill" refers to murder only, and does not prohibit the taking of life under any circumstances; notably, the law of Sinai specifically requires capital punishment for a large number of offenses.

A bit earlier in the Bible, Abram, the father of the Hebrew nation, learns that his nephew Lot has been taken captive. Abram (later to be renamed "Abraham" by God) immediately calls out his trained servants, set out on a rescue mission, finds his nephew's captors, attacks, and routs them, thereby rescuing Lot. (Genesis 14). The resort to violence to rescue an innocent captive is presented as the morally appropriate choice.

Most gun prohibitionists who look to the Bible for support do not cite specific interdictions of weapons (there are none) but instead point to the general passages about peace and love, such as "Do not resist an evil person. If someone strikes you on the right cheek, turn to him the other also" (Matthew 5: 38-39 ); "Love your enemies and pray for those who persecute you" (Matthew 5: 43); and "Do not repay anyone evil for evil." (Romans 12: 17). None of these exhortations take place in the context of an imminent threat to life. A slap on the cheek is a blow to pride, but not a threat to life.

Reverend Anthony Winfield, author of Self-Defense and the Bible, suggests that these verses command the faithful not to seek revenge for evil acts, and not to bear grudges against persons who have done them wrong. He points to the passage "If it is possible, as far as it depends on you, live in peace with everyone" (Romans 12: 18 ), as showing an awareness that in extreme situations, it might not be possible to live in peace.

Further evidence that the New Testament does not command universal pacifism is found in the missions of John the Baptist and Peter, both of whom preached to soldiers who converted. Neither John nor Peter demanded that the soldiers lay down their arms, or find another job. (Luke 3: 14; Acts 10: 22-48 ). John did tell the soldiers "Don't extort money, and don't accuse people falsely," just as he told tax collectors "Don't collect any more than you are required to." The plain implication is that being a soldier (or a tax collector) is not itself wrong, so long as the inherent power is not used for selfish purposes.

Of course most gun prohibitionists do not see anything wrong with soldiers carrying weapons and killing people if necessary. But if--as the New Testament strongly implies--it is possible to be a good soldier and a good Christian, then it is impossible to claim that the Gospel always forbids the use of violence, no matter what the purpose. The stories of the soldiers support Winfield's thesis that the general "peace and love" passages are not blanket prohibitions on the use of force in all circumstances.

Is an approving attitude towards the bearing of arms confined to professional soldiers? Not at all. At the last supper, Jesus' final instructions to the apostles begin: "When I sent you without purse, bag, or sandals, did you lack anything?" "Nothing," the apostles answer. Jesus continues: "But now, if you have a purse, take it, and also a bag; and if you don't have a sword, sell your cloak and buy one." He ends by observing "what is written about me is reaching its fulfillment." The apostles then announce, "Lord, behold, here are two swords," and Jesus cuts them off: "That is enough." (Luke 22: 36-38 ).

Even if the passage is read with absolute literalness, Jesus was not setting up a rule that every apostle must carry a sword (or a purse or a bag). For the eleven, two swords were "enough." More importantly, Jesus may not have been issuing an actual command that anybody carry swords, or purses, or bags. The broader, metaphorical point being made by Jesus was that the apostles would, after Jesus was gone, have to take care of their own worldly needs to some degree. The purse (generally used for money), the bag (generally used for clothing and food), and the sword (generally used for protection against the robbers who preyed on travelers, including missionaries, in the open country between towns) are all examples of tools used to take care of such needs. When the apostles took Jesus literally, and started showing him their swords, Jesus, frustrated that they missed the metaphor, ended the discussion. The metaphorical interpretation is supported by scholarly analysis, and seems to best account for the entire conversation.

Even when reduced to metaphor, however, the passage still contradicts the rigid pacifist viewpoint. In the metaphor, the sword, like the purse or the bag, is treated as an ordinary item for any person to carry. If weapons and defensive violence were illegitimate under all circumstances, Jesus would not have instructed the apostles to carry swords, even in metaphor, any more than Jesus would have created metaphors suggesting that people carry Ba'al statues for protection, or that they metaphorically rape, rob, and murder.

A few hours after the final instructions to the apostles, when soldiers arrived to arrest Jesus, and Peter sliced off the ear of one of their leaders, Jesus healed the ear. He then said "No more of this" (Luke 22: 49-51) or "Put your sword away" (John 18: 10) or "Put your sword back in its place, for all who draw the sword will die by the sword" (Matthew 26: 52). (The quotation is sometimes rendered as "He who lives by the sword will die by the sword.") Jesus then rebuked the soldiers for effecting the arrests with clubs and swords, for Jesus was "not leading a rebellion."

The most immediate meaning of these passages is that Jesus was preventing interference with God's plan for the arrest and trial. Additionally, Jesus was instructing the apostles not to begin an armed revolt against the local dictatorship or the Roman imperialists. Jesus had already refused the Zealots' urging to lead a war of national liberation.

Do the passages also suggest a general prohibition against drawing swords (or other weapons) for defense? The versions of the story recounted in Luke and John do not, but the version in Matthew could be so read. If Matthew is analyzed along the lines of "He who lives by the sword will die by the sword," the passage is an admonition that a person who centers his life on violence (such as a gang member) will likely perish. On the other hand, a translation of "all who draw the sword will die by the sword" could be read as a general rule against armed violence in any situation.

The best way to understand the Bible, most theologians would concur, is not to look at passages in isolation, but instead to carefully study passages in the context of the rest of the Bible. If the single line in Matthew were to be read to indicate that to draw the sword is always wrong, then it would be difficult to account for the other passages which suggest that drawing a sword as a soldier (or carrying a sword as an apostle) is not illegitimate.

Looking at the passage of Matthew in the context of the rest of the Bible would, therefore, look to the passage as a warning against violence as a way of life, rather than as a flat-out ban on defensive violence in all situations. A 1994 document produced by the Vatican's Pontifical Council for Justice and Peace states: "In a world marked by evil and sin, the right of legitimate defense by armed means exists. This right can become a serious duty for those who are responsible for the lives of others, for the common good of the family or of the civil community." The document notes that "the right" to armed defense "is coupled with the duty to do all possible to reduce to a minimum, and indeed eliminate, the causes of violence."

The Catholic Church recognizes people as saints because (among other reasons), the lives of saints are considered to worthy of study and emulation. February 27 is the feast day of Saint Gabriel Possenti. According to The One Year Book of Saints, as a young man in 19th-century Italy, Francesco Possenti was known as the best dresser in town, as a "superb horseman," and as "an excellent marksman." The young man was also a consummate partygoer, who was engaged to two women at the same time. Twice during school he had fallen desperately ill, promised to give his life to God if he recovered, and then forgotten his promise. One day at church, Possenti saw a banner of Mary. He felt that her eyes looked directly at him, and he heard the words "Keep your promise." Possenti immediately joined an order of monks, taking the name Brother Gabriel.

The main incident for which Saint Gabriel Possenti is remembered was this: "One a summer day a little over a hundred years ago, a slim figure in a black cassock [Possenti] stood facing a gang of mercenaries in a small town in Piedmont, Italy. He had just disarmed one of the soldiers who was attacking a young girl, had faced the rest of the band fearlessly, then drove them all out of the village at the point of a gun....[W]hen Garibaldi's mercenaries swept down through Italy ravaging villages, Brother Gabriel showed the kind of man he was by confronting them, astonishing them with his marksmanship, and saving the small village where his monastery was located."

Saint Gabriel Possenti's "astonishing marksmanship" was displayed after he had just disarmed the soldier. The mercenaries' leader told Possenti that it would take more than just one monk with a handgun to make the mercenaries leave town. The saint pointed out to the mercenaries a lizard which was running across the road. Possenti shot the lizard right through the head, at which point the mercenaries decided that discretion was the better part of valor; they obeyed Possenti's orders to extinguish the fires they had started and to return the property they had stolen. They then fled the village, never to be heard from again.

Jewish law comes to the same conclusion as the Vatican Pontifical Council: "If someone comes to kill you, rise up and kill him first," commands the Talmud. Bystanders are likewise required to kill persons who are attempting rape. As Columbia University's George Fletcher explains, while there is a duty to self-defense, the duty to defend others is seen as prior.

The view that forcible resistance to evil attack is itself evil has serious implications: Patrick Henry and the other founding fathers were wrong to urge armed resistance to the British Redcoats; the Jews who led the Warsaw Ghetto revolt against Hitler were immoral; Jeffrey Dahmer's victims would have been wrong to use a weapon to protect themselves; Saint Gabriel Possenti was a paragon of evil; Abraham should not have rescued his kidnapped nephew; and police officers who fire their guns to protect innocent people are sinful.

Consider the situation of a mother in a rough Los Angeles neighborhood, moments after an escaped psychopathic murderer has broken into her house. The woman has good reason to fear that the intruder is about to slaughter her three children. If she does not shoot him with her .38 special, the children will be dead before the police will arrive. Is the woman's moral obligation to murmur "violence engenders violence," and keep her handgun in the drawer while her children die? Or is the mother's moral duty to save her children, and shoot the intruder?

The view that life is a gift from God, and that permitting the wanton destruction of one's own life (or the life of a person under one's care) amounts to hubris is hardly new. As a 1747 sermon in Philadelphia put it: "He that suffers his life to be taken from him by one that hath no authority for that purpose, when he might preserve it by defense, incurs the Guilt of self murder since God hath enjoined him to seek the continuance of his life, and Nature itself teaches every creature to defend itself."

Whatever their disagreements on other matters, the natural rights philosophers such as Blackstone, Montesquieu, Hobbes, and Locke who provided the intellectual foundation of the American Revolution saw self-defense as "the primary law of nature," from which many other legal principles could be deduced.

As the great Supreme Court Justice Louis Brandeis wrote: "We shall have lost something vital and beyond price on the day when the state denies us the right to resort to force..."

Leading 19th-century criminal law scholars emphasized a less philosophical, point: that victims protect the entire community when they kill a dangerous criminal rather than leaving him free to prey on others. As Frederick Pollock summarized the views of James Bishop and of Sir James Stephens, "Sudden and strong resistance to unrighteous attack is not merely a thing to be tolerated ...as a necessary evil [but is] a just and perfect" right. A good citizen attacked has "a moral duty" to use all force necessary to apprehend or otherwise incapacitate criminals rather than to submit or retreat.

Janet Powell, speaking for Australia's Anti-Gun Lobby, Incorporated, insists that a person should never use a gun for self-defense, because of duty to the community. But what kind of decent community would prefer that an innocent member of the community be harmed instead of the harm being suffered by a conscious predator?

John Crook, the head of Gun Control Australia, stated that any woman who would defend herself with a firearm is "selfish." But a Psychology Today study of "Good Samaritans" who came to aid of victims of violent crime found that 81% "own guns and some carry them in their cars. They are familiar with violence, feel competent to handle it, and don't believe they will be hurt if they get involved." Are these people selfish, inferior beings?

Having been through the Bible several times, I still can't find the parts where God (or even a minor prophet) endorses a handgun waiting period, one-gun-a-month, or any other item in the litany of the anti-gun lobbies and the religious groups that endorse them. (Nor, of course, is there anything in the Bible implying that there is anything immoral with any of these proposals.)

But the idea that pacifism in the face of violent attack against one's family or oneself is some kind of moral imperative that should be enforced by the state is not only missing, it is contrary to common sense and the Western religious tradition. Making it illegal for citizens to own firearms for defense of home and family may or may not be a good idea from a criminological viewpoint--but it is certainly not God's work.

http://www.davekopel.org/2A/Mags/oprelign.htm

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Friday, May 25, 2007

No Living Person Left Behind

I haven't had time to Fisk their new 54 page treatise on "Guns Bad, Victims Good!" called "No Gun Left Behind", but I do have some comments on the website that accompanies it.

Some salient quotes:

"Armed students? Armed teachers? That is the response of the gun lobby to the horrible massacre at Virginia Tech. Let's give everyone a gun and start the crossfire. The gun lobby is pushing legislation modeled after a law in Utah that prohibits colleges and universities from barring possession or use of firearms on campus. As a result of the law, 18-year-old kids could carry handguns to class, and kids even younger than 18 could possess AK-47 assault rifles with high-capacity magazines on campus. The gun lobby also wants to arm K-12 teachers."
Okay, let's tone down the rhetoric here. As it stands currently, there is no crossfire. Teachers and students cannot defend themselves. They're DYING instead!

Yes, let's talk about Utah. How many mass shootings have taken place in a Utah school? Come on, I'm waiting... Times up!

I seriously doubt anyone at the NRA is suggesting that kids younger than 18 carry AK-47's to school. But even if they were, there was a time in this country when school kids did take their guns to school, put them in a locker, and then took them home with them after school was done. Tell me how many school shootings happened back then. I'll give you the answer, none.

I can think of a lot worse things than arming K-12 teachers. Like my kids dying because their teacher wasn't able to protect them.

Take a lesson from the Israeli's. After terrorists began targeting their schools, they armed their teachers and armed guards patrolled the perimeter. The terrorists soon learned that schools were no longer an easy target. And that is all a "Gun-Free Zone" is anyway, a target rich environment.

Sarah Brady, Paul Helmke, et, al. Pull your collective heads out of your butts and smell the coffee!

"Obviously, arming students and teachers is a bad idea.

Here are a few reasons why it would be insane to introduce guns into colleges and schools. The college age years — 18-24 — are the peak years for engaging in gun crimes, abusing drugs and alcohol, attempting suicide, and having other mental health problems. A binge-drinking, drug-using student is dangerous enough; let's not give him or her a gun."
Obvious to whom? But yet at the same time Sarah, you're perfectly fine with heavily arming the same age group to go fight, kill and die for this country. Given your logic, a large portion of the armed forces should be disarmed and given pepper spray and keys to defend themselves with against the terrorists.

Positioned right next to this argument is a disgusting cartoon which includes, Lee Harvey Oswald, Eric Harris and Dylan Klebold and Seung-Hui Cho taking turns reciting parts of the second amendment. I will not post it on my blog on principal, but you can view it here. Any respect I may have had for these idiots evaporated on the spot. Sarah, which of the other rights should we make fun of and denigrate? How about free speech? How about freedom of the press? To peacefully assemble? How about the right against illegal search and seizure? You people disgust me!

"Do We Really Want Guns in K-12 Classrooms?

Even trained police officers, on average, hit their intended targets less than 20% of the time.

Arming teachers would likely make them the first targets in an attack, and could encourage attackers to increase their firepower or wear body armor.

More than 2,000 K-12 students are expelled each year for carrying guns to school. Do we really want armed teachers confronting them? What if a teacher shoots a student?"
Now they trot out the "Police officers are the only ones trained enough to handle a firearm safely and accurately" myth. Police officers are less likely to hit what they aim at simply because most of them only have to qualify once a year, with a limited number of rounds. The gun for them is just a part of the job and they take no interest in honing their skills further. Therefore, it is no surprise they can't hit what they aim at. I personally asked an officer in my town what kind of gun he had and all he knew was that it was a Glock (stamped on the side of the gun) and that the bullets were the kind that expanded and wouldn't pass through, hitting other people. From the small clues he awkwardly gave me, I deduced that it was a Glock in .45 ACP with hollowpoint bullets. I'm not trying to run down cops, merely demonstrating that holding them up as the paragon for weapons handling is goofy at best. I belong to a shooting range, and among the people I see there, 95% of them are very good with a handgun. The simple reason is, they practice. They practice many more times a year than most cops do.

Seriously, aren't teachers usually the first targets of an attack anyway? They're bigger and older and more able to resist than their children. This is a strawman and that's all I'm going to comment.

Well, what if a teacher shoots a student? What if a wack-job storms into the school with a 9mm and a .22lr pistol and kills 32 people? Is one better than the other? Are the victims more righteous if they can't or won't fight back? Would a teacher be better off confronting the attacker or cowering in fear beneath their desk?

As soon as I have the time and a large supply of antiacid, I'll peruse their little booklet and post the results.

Anyway, I've got some kids to feed...

Which is it Wayne?

Mr. LaPierre. Do you, or do you not support a CCW permit holder's right to carry a concealed weapon at their school; for theirs, and others protection?

Reference this quote from May 1st, 1999:

"First, we believe in absolutely gun-free, zero-tolerance, totally safe schools. That means no guns in America's schools, period ... with the rare exception of law enforcement officers or trained security personnel.

We believe America's schools should be as safe as America's airports. You can't talk about, much less take, bombs and guns onto airplanes.Such behavior in our schools should be prosecuted just as certainly as such behavior in our airports is prosecuted."
This quote, btw, is quoted verbatim on page 11 of the Brady Campaign's new propaganda "No Gun Left Behind."

Contrast that to this quote from May 11th, 2007:

"I agree that we need to look at steps the government can take to protect our kids, but let's be honest here. I mean, my gosh, Mr. Gonzales agrees there's no guarantee of complete security.

If that's the case (and we all know it is), then why shouldn't we also be having a discussion about trained adults legally carrying concealed firearms for their own protection and the protection of others? Texas Governor Rick Perry's willing to have that discussion. Why isn't the nation's attorney general?"
Recently I wrote a letter to the NRA voicing my concern with Wayne's previously stated policy:

"I am disturbed by Wayne LaPierre's support of "Gun-Free Zones" (http://www.nra.org/Speech.aspx?id=6043).

As recent events at Virginia Tech demonstrate, "Gun-Free Zones" are an oxymoron at best, and a killer at worst. Criminals don't obey the law, period. Wayne should renounce his support of "Gun-Free Zones" and embrace the rights of students and teachers to be lawfully armed, or consider resigning his post. In addition, it is profoundly disturbing to me that he and the NRA are betraying their principals and the members by negotiating with the other side to further restrict our second amendment rights. I am speaking of the NICS enhancement bill.

Every time you compromise with evil, evil wins and you lose. Soon there will be nothing left of our rights and evil (Sarah Brady, et al.) will have won."
What I got back from the NRA was political doublespeak and avoidance:

"Hello and thank you for contacting NRA-ILA in regards to the Gun-Free Zones issues.

Let's always remember first and foremost that it is those deranged individuals who have committed horrific crimes with guns at schools that are themselves responsible for their acts. Clearly it is already illegal to bring a gun to school and use it to take the lives of others. In committing these criminal acts, numerous federal, state, and local existing laws are broken. You can't make such heinous behavior any more illegal than it already is.

Of course, in the aftermath of such tragedies, Americans ask "why" and seek solutions to prevent future tragedies from occurring. If we are truly to find solutions to preventing school shootings, a wide range of remedies must be on the table for consideration, including whether or not there should be a lawful, armed presence on our nation's campuses. However, at the top of the discussion list, should be trying to figure out what has gone so wrong in these instances that an individual(s) feels the need to take the lives of young students in what should be a safe environment. One thing that is certain, however, is that passing additional gun control laws should not be part of the discussion, as again, you can't make what these criminals do with guns at schools any more illegal than it already is.

Suzanne N. Anglewicz
National Rifle Association
Institute for Legislative Action
703-267-11741-800-392-8683 (VOTE)
sanglewicz@nrahq.org"
Suzzane, I don't really care why psychotic killers feel compelled to kill. I DO care about my ability to defend my life, and the lives of my loved ones. This includes malls, schools, churches...anywhere I might be, without fear of being labeled a criminal for exercising my 2nd amendment rights, and defending my right to life and liberty.

So now I am left with too very contradictory statements from Mr. LaPierre. Which is it sir, which one is your real position?

Wayne, you should take a hint from Tom Gresham who has come out very strongly in favor of abolishing (so called) Gun-Free Zones, which have done nothing to stop mass shootings, and only see the law abiding disarmed and defenseless.

I should point out that I am a member of The NRA, but on this topic (and some others) I don't agree with them. It would be nice to get a consistent answer from them too.

I'd write them again, but I don't have any faith that I'd get a real answer back this time either.

Saturday, May 19, 2007

Microstamping Part Deux!

It seems that lawmakers are once again trying to revive the failed technology long trumpeted in California. Only this time, they're trying to do it at the national level. I had hoped it would have been dropped since it has been proven to be too costly and too easy to defeat, but that is not the case.

Criminals could defeat microstamping with simple hand tools, sand paper, replacement firing pins, revolvers, picking up their brass, reloading, collecting and then planting other peoples brass...if I've forgotten any, please let me know.

From the article:

"Rep. Xavier Becerra, D-Calif., arranged for Friday's demonstration in a basement firing range in the Rayburn House Office Building. He and Sen. Ted Kennedy, D-Mass., are crafting a microstamping bill that aides said has law enforcement support.

"A month ago we saw the reason we need to take action," Becerra said, referring to the Virginia Tech massacre April 16."

"There are ways we can reduce gun violence in America in a smart way, in an effective way and a way that doesn't infringe on anyone's personal ownership rights," he said."
...clicky...

So he's seriously stating that microstamping could have/would have somehow magically stopped Cho from killing 32 people? What kind of twisted logic is that?

What is this guy smoking, because I want some!

It doesn't help either that he has paired himself with "The Frogman Of The Chappaquiddick" in an attempt to get his failed technology/ignorant legislation rammed through congress. Why is it that most gun control legislation is written and/or cosponsored by people with a (D) after their names?

Let's hope this dies a quick and painful death.

Many thanks to Ride Fast and Shoot Straight

Thursday, May 17, 2007

The Phantom Menace

In an article found here, Bloomberg blasts the FOP as a "Fringe Organization" and tries to promote his illegal stings in other states. Below is a graphic from the story I found rather ironic.


Whether through just plain ignorance or genuine stupidity, they chose to illustrate "The Gun Menace" with a Beretta Tomcat chambered in .32 ACP. Now the Tomcat is one of the least threatening pocket pistols in existence, just slightly more threatening than anything in .25 ACP or .22LR. And it only holds seven rounds in the magazine, eight if you load one in the snout via the flip up barrel. Yeah, I'd hate to get shot with anything, and any gun is better than no gun, but a .32 ACP round has a better chance of pissing the Bad Guy off than stopping him. As with any bullet though, it's all about shot placement, but bigger is better.

-Yuri