3D printed guns scare progressives, so of course they want to ban them

May 7, 2013

Because the future is frightening.

First, a BBC news video to show you what the fuss is all about:

The Telegraph describes it thus:

Instructions for making The Liberator, a plastic handgun that could escape detection by conventional airport security, were today made freely available to download from the internet by anti-government activists in the US.

It was created by a group in Texas that aims to make “WikiWeapons” that can be reproduced with a home computer and a $1,000 (£644) 3D printer that uses heated plastics instead of ink.

“It’s a demonstration that technology will allow access to things that governments would otherwise say that you shouldn’t have access to,” Cody Wilson, the leader of Defense Distributed, told The Daily Telegraph.

Emphasis added. And that scares statists like Sen. Chuck Schumer (D-NY), who’s first, knee-jerk reaction is to ban it:

The Liberator may look like a toy, but “this gun can fire regular bullets,” Schumer said, calling for legislation outlawing the technology’s weapons potential.

The bill was drafted by Rep. Steve Israel (D-L.I.).

“Security checkpoints, background checks and gun regulations will do little good if criminals can print their own plastic firearms at home and bring those firearms through metal detectors with no one the wiser,” Israel said in a statement.

To Schumer, the ramifications of make-your-own untraceable and undetectable weapons are “stomach-churning.”

“Now anyone, a terrorist, someone who is mentally ill, a spousal abuser, a felon, can essentially open a gun factory in their garage,” Schumer said. “It must be stopped.”

Apparently Chuck (and Rep. Israel) have never heard of improvised firearms, before, such as the Sten gun, meant to be made in home workshops. And Loyalist militias in Northern Ireland practically made a hobby out of homemade submachine guns. (So did the I.R.A., from what I’m told.)

But it’s not what the terrorist or criminal might do with the weapon that truly scares progressives, though I doubt even Schumer realizes this. Look again at the bolded quote above — Wilson nails it. What truly scares the progressive statist is the loss of control.  The ideal, for Schumer and those like him, is the administrative state run by bureaucratic experts who decide what’s best for everyone. Life is too complicated for the “average Joe,” so we need ever more legislation and regulation to keep everyone safe and prosperous in line. That includes access to firearms, which have advanced beyond anything the writers of that dear, but now obsolete Constitution could imagine.

What frightens them is that it makes their precious regulations powerless. Like I wrote before on this issue:

But now think about the effect on gun control: this (3D priting) is the discontinuous innovation. Statists and gun-banners and those standing on the graves of children can scream as loud as they want for ever more laws controlling firearms, maybe even get them, but, as long as you can download the plans and have access to a printer… All those laws are useless. They’re the modern buggy-whips.

An idea once conceived cannot be un-thought, and technology once discovered cannot be undiscovered. Even the secret of making an atomic bomb is out there, in spite of all our efforts to keep it classified;  only the difficulty of obtaining the materials and constructing it have slowed its spread.

But combine 3D printers (which are only going to get smaller, cheaper, and more portable) with easy information distribution — hello, torrent sites! – and, well, Schumer and his wise, progressive control-freak buddies can write all the laws and regulations they want; it just won’t do any good. People will ignore them.

And that’s what scares the pants off progressives.

PS: I can see one potentially big benefit to the advent of 3D firearms: by showing how useless gun-control regulations are, it might actually spur us to deal with the real problem behind mass shootings, such as at Aurora and Newtown — mental illness and the lousy state of mental health care in the US.

(Crossposted at Sister Toldjah)


Quote of the Day: On #GunControl, Obama, and lameducks

April 18, 2013

Writing in the Telegraph, Tim Stanley makes a trenchant observation in the wake of the defeat the gun-control bill in the Senate yesterday and the President’s angry reaction:

4. Barack Obama is a lame-duck president. Nobody listens to what he says anymore, nobody is interested in winning his approval and nobody much cares if he thinks they have “let the country down”. This is typical for a second-term president who has lost all their leverage because they’re no longer running for office and everybody is patiently waiting for the day when he quits the White House. But Obama’s difficult personality has doubled the size of the challenge. Gloating in victory, adolescent in defeat – the Prez doesn’t make it easy to work with him. Why should conservative senators give him a legislative victory after he has spent four years painting them as knuckle-dragging rednecks who hate women and the poor?

Narcissists just can’t stand it when their carefully nurtured inflated sense of self-esteem is punctured. When it happens, they take it personally and we get petulant tantrums, as we saw yesterday.

But this is just one victory for civil liberties against Progressive usurpations. Obama may have been checked in Congress on this, he may have little “banked political capital” left to shove major legislation through, but the presidency still has immense regulatory power, and Obama has often expressed regret that he couldn’t just bypass Congress.

The fact is that he can, quite effectively. So, while we indulge in a little justified satisfaction in this win for reason and constitutionalism, let’s also remain wary.

(Crossposted at Sister Toldjah)


#Guncontrol: The fact-free debate

April 16, 2013

Samuel Johnson once famously said that “Patriotism is the last refuge of the scoundrel.” Thomas Sowell might broaden that to “appeals to emotion are the last refuge of someone losing on the facts,” because that’s surely the case with gun-control advocates:

Amid all the heated, emotional advocacy of gun control, have you ever heard even one person present convincing hard evidence that tighter gun-control laws have in fact reduced murders?

Think about all the states and communities within states, as well as foreign countries, that either have tight gun-control laws or loose or nonexistent ones. With so many variations and so many sources of evidence available, surely there would be some compelling evidence somewhere if tighter gun-control laws actually reduced the murder rate. And if tighter gun-control laws don’t actually reduce the murder rate, then why are we being stampeded toward such laws after every shooting that gets media attention? Have the media outlets that you follow ever even mentioned that some studies have produced evidence that murder rates tend to be higher in places with tight gun-control laws?

The dirty little secret is that gun-control laws do not actually control guns. They disarm law-abiding citizens, making them more vulnerable to criminals, who remain armed in disregard of such laws. In England, armed crimes skyrocketed as legal gun ownership almost vanished under increasingly severe gun-control laws in the late 20th century. (See the book Guns and Violence by Joyce Lee Malcolm.) But gun control has become one of those fact-free crusades, based on assumptions, emotions, and rhetoric.

In a rational debate, the relevant committees of Congress would hold genuine hearings, take testimony, examine the research that’s already been done (1), and perhaps commission some social scientists to do a new study of the correlations between gun ownership and gun violence. It’s what we should expect from our legislators, whose duties include keeping bad laws from being passed as it does passing good laws.  And when it’s something as fundamental as further restrictions on our rights to bear arms and against unreasonable search, that duty grows more compelling.

Instead what we get are emotional appeals to “do something now,” regardless of whether it deals with the real causes of gun violence. Politicians trot out vapid arguments arguing that whatever it is they’re advocating is worth it, “if it saves just one life.” They play on fear and guilt — the fear that more children will be killed, if we don’t “do something now,” and the guilt they tell us we should feel, because we didn’t “do something” when we had the chance. Victims and their loved ones are hauled before the cameras to make emotional appeals to “do something, now,” playing a moral authority card that declares you heartless if you disagree.

And all of that is smoke and mirrors, sound and fury, meant to cover up the absence of fact in almost any of the gun-grabbers’ arguments. As John Adams once said:

Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.

And it’s on those facts and evidence we must rely, while marrying them to the same rallying cries of “fairness,” “justice,” and “safety” that the anti-Second Amendment crowd uses. We must then turn them on the gun-grabbers and demand they explain, for example, what justice there is in denying a Black woman the right to defend herself in Chicago.

In that way, we can beat back this latest assault on our liberties.

RELATED: Following up on my post on the Manchin-Toomey amendment from yesterday, it looks like Harry Reid is falling short of the votes to bring even this watered down measure to a vote. Good. Very good. (h/t ST)

Footnote:
(1) See also “More Guns, Less Crime, by John Lott.

(Crossposted at Sister Toldjah)


#GunControl: Opposing the Manchin-Toomey amendment

April 15, 2013

There’s been a lot of controversy the last few days over a deal reached between Senators Joe Manchin (D-WV) and Pat Toomey (R-PA) on an amendment to pending gun-control legislation in the Senate. It’s expected to be introduced tomorrow and it appears they have the votes to end debate and proceed to a vote on the amendment.

Senator Toomey has tried to sell this bill as a strengthening of 2nd Amendment protections: for example, in this conference call that included PJ Media’s Scott Ott. The Washington Times reported on the words of a gun-rights advocate how, in crafting Toomey-Manchin, they “snookered” the gun-control crowd.

The text of the amendment can be found at Senator Toomey’s site. I read it myself over the weekend; while it seemed acceptable on the surface, I still had qualms. Not being a lawyer, I had a feeling that I was missing subtleties or quirks in the amendment that would indicate serious problems.

Turns out I was right to be cautious. From David Kopel at the Volokh Conspiracy:

The Toomey-Manchin Amendment which may be offered as soon as Tuesday to Senator Reid’s gun control bill are billed as a “compromise” which contain a variety of provisions for gun control, and other provisions to enhance gun rights. Some of the latter, however, are not what they seem. They are badly miswritten, and are in fact major advancements for gun control. In particular:

1. The provision which claims to outlaw national gun registration in fact authorizes a national gun registry.

2. The provision which is supposed to strengthen existing federal law protecting the interstate transportation of personal firearms in fact cripples that protection.

Let’s start with registration. Here’s the Machin-Toomey text.

(c) Prohibition of National Gun Registry.-Section 923 of title 18, United States Code, is amended by adding at the end the following:
“(m) The Attorney General may not consolidate or centralize the records of the
“(1) acquisition or disposition of firearms, or any portion thereof, maintained by
“(A) a person with a valid, current license under this chapter;
“(B) an unlicensed transferor under section 922(t); or
“(2) possession or ownership of a firearm, maintained by any medical or health insurance entity.”.

The limit on creating a registry applies only to the Attorney General (and thus to entities under his direct control, such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives). By a straightforward application of inclusio unius exclusio alterius  it is permissible for entities other than the Attorney General to create gun registries, using whatever information they can acquire from their own operations.  For example, the Secretary of HHS may consolidate and centralize whatever firearms records are maintained by any medical or health insurance entity. The Secretary of the Army may consolidate and centralize records about personal guns owned by military personnel and their families.

And you can bet that, if one lawyer reading the bill sees this angle, so will others in the administration of a more gun-grabby bent.

There is much more, and I urge you to read it all. While I’m sure there are criticisms to be made of Mr. Kopel’s reasoning, it seems solid enough that I’ve come to the conclusion that this amendment, while well-intentioned,  is a poorly drafted measure that leaves far too many openings for the restriction of our Second Amendment rights.

RELATED: Confiscation is already happening in New York. This bears directly on the mental health provisions of the Manchin-Toomey amendment.

(Crossposted at Sister Toldjah)


Survey says! Police oppose new #guncontrol regulations

April 10, 2013

Pretty significant, I’d say, since the cops have to deal regularly with violent criminals and the aftermath of violent crime. If a majority of them say new gun regulations won’t do any good and might do harm, then why pass them? (1)

An authoritative new poll of more than 15,000 cops released on the eve of this week’s Senate anti-gun debate shows that a sweeping majority of officers don’t believe gun control will work or keep them safer, and nearly nine in 10 believe having more armed citizens would curb gun violence.

According to the lengthy survey of law enforcement professionals, one of the largest ever of street cops, 85 percent believe that President Obama’s gun control plan to ban assault weapons, limit the size of ammo magazines and expand background checks won’t improve their safety, with just over 10 percent believing it will have a “positive effect.”

The poll from PoliceOne.com, a site dedicated to police policy and news, also found surprising support for arming citizens. The poll found that 86 percent of officers believe that casualties would be decreased if armed citizens were present at the onset of a shooting. Another 81 percent backed arming teachers, as the National Rifle Association has called for.

I’m willing to bet this doesn’t include LAPD Chief Charlie Beck

Read the rest for more intriguing results, including broad support for police organizations that have stated they will refuse to enforce new gun control legislation.

PS: This morning a “compromise” bill featuring increased background checks, sponsored by Senators Manchin (D-WV) and Toomey (R-PA) is being introduced. I’m withholding final judgement until more details are known, but my gut feeling is that this is a bill that will fail to prevent more mass shootings, but will further burden our Second and Fourth Amendment rights. In other words, a bill written to be seen to be “doing something, anything.” Very disappointed in Senator Toomey, if this is the case.

Footnote:
(1) But we know why, don’t we? So does Dan Bongino.

(Crossposted at Sister Toldjah)


Reid gun bill criticized by radical conservatives at… the ACLU

April 4, 2013
"Post-constitutional"

“Post-constitutional”

From The Daily Caller via Ed Morrissey:

In an exclusive interview with The Daily Caller, a top lobbyist for the ACLU announced that the group thinks Reid’s current gun bill could threaten both privacy rights and civil liberties.

The inclusion of universal background checks — the poll-tested lynchpin of most Democratic proposals — “raises two significant concerns,” the ACLU’s Chris Calabrese told TheDC Wednesday.

Calabrese — a privacy lobbyist — was first careful to note that the ACLU doesn’t strictly oppose universal background checks for gun purchases. “If you’re going to require a background check, we think it should be effective,” Calabrese explained.

“However, we also believe those checks have to be conducted in a way that protects privacy and civil liberties. So, in that regard, we think the current legislation, the current proposal on universal background checks raises two significant concerns,” he went on.

“The first is that it treats the records for private purchases very differently than purchases made through licensed sellers. Under existing law, most information regarding an approved purchase is destroyed within 24 hours when a licensed seller does a [National Instant Criminal Background Check System] check now,” Calabrese said, “and almost all of it is destroyed within 90 days.”

Calabrese wouldn’t characterize the current legislation’s record-keeping provision as a “national gun registry” — which the White House has denied pursuing — but he did say that such a registry could be “a second step.”

You know there’s a problem with proposed legislation when both the NRA and ACLU are criticizing it.

As Ed points out, it’s not that the ACLU has become a staunch defender of the right to bear arms, but they have do have serious concerns on 4th Amendment grounds, the retained database contributing to violations of rules against unreasonable searches and thus privacy.  Over at Protein Wisdom, Jeff Goldstein thinks a national registry –a step enabling a future confiscation– is just what the Democrats have in mind:

That they were discovered here watering down language to open the way for the beginnings of a national gun registry means only that, should they now be defeated in their plan by strong arguments and sunlight, they’ll merely try again later, in some other way, using some other bill or some other crisis to reach their ends.

That is, if the full-frontal approach doesn’t work, they’ll return to the incremental approach — and with respect to their gun control aims, the contours to that approach are already quite clear:  empower the AG to expand the parameters for what is included in a background check, wherein a partisan agent is given the power to determine what group or groups of people come to constitute a potential danger; cross-reference ObamaCare, with its governmental access to health and prescription records, with other databases, using medical professionals and (they hope) mental health professionals to create the conditions under which they can argue for “sensible” prohibitions on firearms ownership; use Democratic majorities in various states to drive draconian gun control measures through the state legislatures on a party-line vote, then see which of those state laws stand up to court challenges and which do not; use agencies such as the CDC to lend an air of scientific and medical emergency to the “gun violence” “epidemic” — as if gun violence is contagious in any way other than through some strained sociological metaphor — then demand action to combat the crisis or “epidemic” (regardless of what the crime statistics show).

We are living in a time when our government is looking for ways to usurp our rights, pressuring them from every angle, waiting for us to “compromise” if only to make them relent.

Jeff also notes the same simultaneous push at the federal and state levels I wrote about the other day with regard to healthcare. He’s right: this isn’t the old Democratic Party, anymore.  Having been taken over by Progressivism and then the New Left, they’re now the party of “constitutional deconstruction,” stripping the parts they don’t like at the moment of any meaning, something those who care about constitutionalism must struggle against constantly.

Thus making “strange bedfellows” of conservatives and the ACLU, at least in this case.

(Crossposted at Sister Toldjah)


#GunControl as a sign of liberal cultural superiority

March 31, 2013

I came across an article this morning by Tim Carney of the Washington Examiner in which sees the current efforts to restrict our Second Amendment rights as another front in the “culture war,” a war in which the Left sees itself as morally superior to everyone else. That is, you can’t have rational reasons for disagreeing with them on gun-rights issues, you must be morally wrong.

The spark for his essay is a new book by Dan Baum, who’s both a Jewish liberal Democrat and a gun owner, called “Gun Guys.” As someone who sits in both worlds (the liberal and the gun-fan), Baum is able to understand how both sides thinks. Carney introduce’s Baum’s book with some examples of how the left sees gun enthusiasts as not just wrong, but inferior, even evil. Here are a couple:

The Post’s Gene Weingarten in 2011 spat on the Second Amendment as “the refuge of bumpkins and yeehaws who like to think they are protecting their homes against imagined swarthy marauders desperate to steal their flea-bitten sofas from their rotting front porches.”

After Columbine, a Boston Herald op-ed described the average participant in a 1999 Boston Common pro-gun rally as a wannabe “hicksville cowboy, as in way out there, somewhere off the Mass Pike or at the far reaches of 93. From towns with something to prove and lots of Amvets posts.”

And President Obama in 2008 famously told a wealthy crowd at a San Francisco fundraiser that rural voters “get bitter, they cling to guns or religion or antipathy toward people who aren’t like them … “

Well, the “antipathy toward people who aren’t like them” clearly is mutual.

From this, Carney segues to Baum’s discussion of the liberal-left’s loathing for the culture that guns represent and how they think they can use the law to control or destroy that culture:

Liberals, Baum writes, “recognized the gun as the sacred totem of the enemy, the embodiment of this abhorrent world view. They believed that they could weaken the enemy by smashing his idols — by banning the gun if possible … “

Many liberals hate it that some conservatives have a different set of values, morals and aesthetics — and so these liberals want to use the federal government to fix that.

(…)

“Assault rifles,” writes Baum, “were just as powerful symbolically as they were ballistically. A renewed assault-rifle ban would really smash the enemy’s idols.”

Also, when speaking about sales without background checks, gun controllers always refer to “gun shows.” Most guns used in murders aren’t bought at gun shows — they’re stolen or bought on the street. But gun shows are large gatherings of the “gun tribe” — and so they must be shut down.

Not mentioned directly, but certainly a subtext in this article and, I suspect, Baum’s book, is the idea that gun control as an assault on the so-called “gun tribe” is, as Dan Bongino put it, a form of people control. And that is the real objective of progressivism.

Makes sense, when you’re convinced you’re superior.

RELATED: And if you need another example of how the other side sees us, don’t forget, if you oppose gun control, you might be an Antisemite.

(Crossposted at Sister Toldjah)


Bloomberg’s dystopia: you may only defend yourselves with sticks and rakes

March 28, 2013

Still suffering from the ravages of Hurricane Sandy, the people of Staten Island, denied their Second Amendment rights, are reduced to neolithic means to defend themselves:

As CBS 2’s Dick Brennan reported Wednesday, when darkness sets in on Wavecrest Street in New Dorp, people say squatters make their move – crashing empty homes wrecked by the hurricane.

“They just go in there late at night when nobody is supposed to be looking, and they just flop in the house and sleep in there, wherever,” resident Steven Sumner said.

Residents said the squatters are most attracted to homes that have electricity.

But Sumner said it is not just the squatters, but the looters, too. They have tried to break into his Sandy-ravaged home next to the trailer where he has been living temporarily.

But he said he has managed to fight back, with many different weapons, including a cane, a baseball bat, two rakes, and a stick.

And if you think they’re effective, think again.

This is just the kind of situation the Founders had in mind when they wrote the Second Amendment, recognizing (not granting!) an individual’s right to arm himself for defense of life and property. It is the difference between the free citizen and the victimized subject. And the laws of New York City, the joys of which its liberal fascist mayor wants to impose on the rest of us, have turned the first into the second.

via JWF, who has a trenchant observation on Obama, Bloomberg, and guys like Mr. Summer.

(Crossposted at Sister Toldjah)


This just in: If you oppose gun control, you might just be an Antisemite

March 25, 2013

According to MSNBC, that is.

Background: loathsome nanny-state Mayor (1) Mike Bloomberg has been on a crusade since the Aurora and Newtown mass killings to take New York City’s extremely restrictive (and, in my opinion, unconstitutional) gun laws nationwide, spending millions of his own money to pressure (2) Congress and various state legislatures. In reaction, defenders of the right to bear arms have been very critical of Bloomberg, both on policy grounds and his overall infatuation with statism. (3)

On America’s “lean forward” network, however, it couldn’t be that you oppose Bloomberg because you believe in the right to bear arms or that, in general, government should stay out of people’s private lives. Nope. If you oppose Bloomberg, it must be because you hate Jews:

According to MSNBC contributors Mike Barnicle and Al Sharpton, opposition to New York City mayor Michael Bloomberg’s gun-control push is partly the result of anti-Semitism. “Let’s get down to it, Mike Bloomberg, mayor of New York City, there’s a level of anti-Semitism in this thing directed towards Bloomberg,” Barnicle argued on Morning Joe, “It’s out there.” “No doubt about that,” Sharpton responded.

“If he was not a big-city Jewish man and was from another ethnic group, in some parts, I think it would be different,” Sharpton continued. 

If you can’t win on the facts, fight with slander.

At PJM, Bryan Preston reminds us that both Barnicle and Sharpton are a bit lacking in the ethics department:

Mike Barnicle, who a few years back was caught plagiarizing, and Al Sharpton, who a few years before that built his career by accusing an innocent man of rape, have resorted to smearing those of us who think New York Mike Bloomberg should at least confine his overbearing nannyist instincts to the city that actually elected him.

So I guess we shouldn’t be surprised at this latest bit of poo-flinging.

It’s all they have left.

Footnotes:
(1) That Allahpundit has such a way with words.
(2) Or buy, judging by the results of the recent primary election in IL-2.
(3) And that’s putting it nicely. Michael Walsh comes right out and calls Bloomie a liberal fascist.

(Crossposted at Sister Toldjah)


Sunday Book Review: The Founders’ Second Amendment

March 24, 2013

book cover founders second amendment

The right to carry a weapon and the efforts to restrict that right, the latter euphemistically called “gun control,” have been much in the news lately. In the wake of horrific mass-killings at an elementary school and a movie theater, the liberal left in America (and other people genuinely appalled at what happened) have called for new restrictions on the kinds of firearms people are allowed to have. Strenuous efforts were made in the federal Senate to reinstate a ban on so-called “assault weapons,” while the states of Colorado and New York have recently passed highly restrictive new firearms laws.

Central to this debate (more of a screaming argument, really) has been the Second Amendment to the Constitution of the United States, which 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.

Since the Constitution and the Bill of Rights are documents meant to limit the power of government, a central question has been “What does the amendment mean, and what does it allow the government to do?”

One would think the question would be an easy one, the phrase “shall not be infringed” being quite clear, but things are no longer so simple. Advocates of strict gun control have variously argued that the Second Amendment refers to a group right, not one held by individuals; that it refers to the right to bear arms solely while serving in a militia, not to have them in one’s home; that the right is limited only to hunting and other sporting uses, thus allowing the government to regulate firearms “not necessary” to that; that the frontier no longer exists, so there’s no need for militia-style defense; and that the progress of technology has made weapons too dangerous for individual use, thus rendering the amendment obsolete and non-operative.

Defenders of the right to bear arms, on the other hand, not only point to the plain text of the amendment, but argue that one must look to the experiences of the founding generation at the time of the amendment’s writing and how they understood the precise words they used in it and other areas of our core documents. In other words, one must consider their original intent.

Stephen A. Halbrook’s “The Founders’ Second Amendment: Origins of the Right to Bear Arms” (hereafter “TFSA”) provides an invaluable contribution to the “originalist” argument in defense of the right to keep and bear arms. Halbrook explains his intention thus:

This work seeks to present the views of the Founders who actually created the Second Amendment. It is based on their own words as found in newspapers, correspondence, debates, and resolutions. Generous quotations from the Founders are used to allow them to speak for themselves, thereby avoiding the appearance of re-characterization of their views.

The “Founders” were the generation of Americans in the eighteenth century who suffered in the final stages of British colonialism, fought the Revolution and won independence, debated and adopted the Constitution and Bill of Rights, and established the republic. The members of that generation passed away by the early nineteenth century, but their constitutional legacy is, if not immortal, a singular triumph in the history of human freedom. (Kindle edition, beginning at location 175)

Halbrook covers the roughly 60 years from 1768 (the British military occupation of Boston) to 1826 (when Adams and Jefferson died) and the Founders thinking on the right to keep and bear arms in great detail, from the colonists’ original assertion of their rights as Englishmen through the writing of the first post-independence state constitutions, the writing and ratification of the U.S. Constitution, and the debate over the Bill of Rights. He cites not only the opinions and arguments of the first-tier, well-remembered Founders (Adams, Jefferson, Madison, &c.), but also of nearly forgotten but influential men such as Tench Coxe and St. George Tucker. Quotations come from both those who supported the ratification of the Constitution (“Federalists”) and those who opposed it (“Anti-Federalists”), as well as those who would support it only with a Bill of Rights, with the right to bear arms being primary among their concerns. To make sure we understand the meanings of the amendment’s words as the Founders’ did, he frequently cites from Noah Webster’s “Compendious Dictionary of the English Language” (1806).

On reading TFSA, several things become clear:

  • That, as the Founders understood it, “rights” vest in individual people and cannot be taken from them, only suppressed through tyranny.
  • That governments have no rights, only powers, and these powers can be restricted by the People.
  • That the keeping (as in “possession of property”) and bearing (“carrying”) of arms covered everything from hunting to self-defense to defense against oppressive government, and that this was a private right of the citizen, not something granted by the State or to be used only when the government permitted it. Indeed, the bearing of arms was considered the hallmark of a free citizen and necessary to the defense of his other rights, while the banning or restriction of arms in Europe was seen as prima facie evidence of oppression.

In no case, Halbrook avers, did anyone among the Founders acknowledge a government “right” to restrict, ban, or confiscate the arms of law-abiding citizens.

TFSA also spends a great deal of time on the question of a “militia” versus a “standing army,” which was a topic of overriding importance at the time, given the Americans’ experience of tyranny and violence at the hands of British regulars. Halbrook argues, to my mind convincingly, that the militia clause of the Second Amendment, “A well regulated Militia, being necessary to the security of a free State,…” is a statement of purpose, not proscription limiting the right to bear arms to militia service. It is an assertion that the People’s right to keep and bear arms cannot be denied because a militia, composed of the body of the People, is essential to enforce the laws, suppress rebellion, defend against invasion, and as a last resort against tyrannical government, that last being something the Founders had very personal experience of in their own lives.

Regarding style, Halbrook’s writing is straightforward and easy to follow. If the book sometimes seems tedious, it is because the author is making a strong effort to be thorough and to bring home the point that early American opinions on the right to bear arms were remarkably consistent. In this case, this thoroughness is a virtue, not a flaw. However, the Kindle version, on which this review is based, is plagued with frequent typographical errors that look to be the result of scanning from the original without a subsequent editing. While very annoying, this does not detract from the book’s immense value in the current debate.

“The Founders’ Second Amendment: Origins of the Right to Bear Arms,” by Stephen Halbrook, is available in both paperback and Kindle format. (Fair disclosure: Buying a copy nets me a few pennies.)

Highly recommended.

(Crossposted at Sister Toldjah)


Secret Police State: New York will pay you $500 to rat out other gun owners

March 21, 2013

The Stasi and the KGB approve, and Orwell nods knowingly:

Nearly a year before signing the nation’s most stringent gun control measure into law, New York Gov. Andrew Cuomo launched a hotline that allows state residents to report illegal gun owners in exchange for a $500 reward.

The measure is part of a four-pronged approach established by the governor’s office to reduce gun violence in urban communities, according to CBS6Albany.com.

New Yorkers can call the “Gun Tip Line” if they believe someone they know has an illegal gun. Hotline calls are answered by state police and tips are referred to local law enforcement, the station reported.

“This initiative seeks to turn neighbor against neighbor and use their own tax dollars to pay for the $500 reward,” Republican Assemblyman Steve McLaughlin told the station.

Back in the days when East Germany was around, it was estimated that one in every twelve people was a paid informant for the Stasi, the Soviet satrapy’s feared secret police. Now New York has done them one better, turning everyone in the Empire State into a potential snitch.

What’s that you say? You think I’m overreacting? That this only applies to convicted criminals who aren’t allowed firearms in the first place, or maybe someone who illegally obtains an automatic weapon?

Perhaps you’d be right under the old rules, and perhaps I wouldn’t then have a problem with this program. But, consider New York’s shiny new draconian gun law and all the previously legal weapons it weapons it made illegal unless registered, or, God forbid, you fill your ten-bullet magazine to capacity.

Go ahead and exercise your Second Amendment rights, New Yorkers, as well as your rights under your own state’s Civil Rights Law, but, be careful.

Your neighbor may need the money.

via Rick Wilson

(Crossposted at Sister Toldjah)


Cruz vs. Feinstein, Texas vs. California, Liberty vs. …???

March 14, 2013

The following fascinating exchange occurred between Senators Ted Cruz (R-TX) and Dianne Feinstein (D-CA) at a Senate Judiciary Committee hearing today on gun control, presumably including Feinstein’s pet legislation to outlaw scary weapons. First, Ted Cruz:

“The question that I would pose to the senior senator from California is,” said Cruz to Feinstein, “Would she deem it consistent with the Bill of Rights for Congress to engage in the same endeavor that we are contemplating doing with the Second Amendment in the context of the First or Fourth Amendment, namely, would she consider it constitutional for Congress to specify that the First Amendment shall apply only to the following books and shall not apply to the books that Congress has deemed outside the protection of the Bill of Rights? Likewise, would she think that the Fourth Amendment’s protection against searches and seizures could properly apply only to the following specified individuals and not to the individuals that Congress has deemed outside the protection of the Bill of Rights?

Notice how Cruz approaches the question of the legislation before them: as a Senator of the United States, whose oath binds him to protect and defend the Constitution. His first concern, therefore, is where it should be — on how the legislation jibes with the Constitution, the rights it enshrines and the limits it imposes on government. Hence the questions about the First and Fourth amendments and the attempt to draw a logical parallel in order to test whether gun control legislation meets constitutional muster.

Call me naive, but isn’t this how the Senate is supposed to operate?

Apparently the whole thing was just too much for Senator Feinstein to bear:

“I’m not a sixth grader,” said Feinstein. “Senator, I’ve been on this committee for 20 years. I was a mayor for nine years. I walked in, I saw people shot. I’ve looked at bodies that have been shot with these weapons. I’ve seen the bullets that implode. In Sandy Hook, youngsters were dismembered. Look, there are other weapons. I’ve been up — I’m not a lawyer, but after 20 years I’ve been up close and personal to the Constitution. I have great respect for it. This doesn’t mean that weapons of war and the Heller decision clearly points out three exceptions, two of which are pertinent here. And so I — you know, it’s fine you want to lecture me on the Constitution. I appreciate it. Just know I’ve been here for a long time. I’ve passed on a number of bills. I’ve studied the Constitution myself. I am reasonably well educated, and I thank you for the lecture.”

In other words, “Don’t you dare presume to question me, boy!”

Note how Feinstein replies: outrage at supposed disrespect (“I’ve been here for 20 years! I’ve passed bills!”); an emotional appeal (“I’ve seen dead people! Think of the children!”); and confusing the issue through ignorance (cosmetic features do not a “weapon of war” make, no matter how scary looking). But only once does she touch upon the Constitution, referring to Heller, and she never answers Cruz’s questions.

Memo to Senator Feinstein: You may have been in Washington for a lot of years (too many, if you ask me), you may have sat at one of the constitutional seats of power, maybe even read the Constitution, but you clearly don’t “get it,” and I doubt you’ve ever really thought about it. Your smokescreen reply to your colleague from Texas betrayed the emptiness of your position, its lack of any constitutional legitimacy. It was the bluster of an oligarch unaccustomed to being truly challenged. Senator Cruz was doing exactly what he should be doing, and what you should have been doing for those 20 years you’re so proud of.

I may be, like you, a child of the Golden State, but, right now?

I side with the Lone Star.

via The Weekly Standard, which has video

UPDATE/FLASHBACK: Don’t bother Senator Feinstein with facts, either.

(Crossposted at Sister Toldjah)


Genius: Maryland legislator proposes “Toaster Pastry Gun Freedom Act”

March 10, 2013
"Watch out! He's got a Pop-tart!!"

Protecting the right to keep and bear Pop-tarts

Proof once again that mockery is a wonderful weapon. In the wake of little Josh Welch getting in trouble with school officials for the horrible crime of biting his Pop-tart into the shape of a gun and playing with it, a Maryland lawmaker has introduced a bill to… Well, to tell school officials to stop being a bunch of idiots:

A Maryland state senator has crafted a bill to curb the zeal of public school officials who are tempted to suspend students as young as kindergarten for having things — or talking about things, or eating things — that represent guns, but aren’t actually anything like real guns.

Sen. J. B. Jennings, a Republican who represents Baltimore Harford Counties, introduced “The Reasonable School Discipline Act of 2013? on Thursday, reports The Star Democrat.

Presumably the provisions of this bill would also protect the infamous toddler-terrorist in Pennsylvania who gave delicate school officials the vapors with her dreaded pink bubble-gun. Perhaps she should consider asking for asylum, if this bill goes through.

My favorite part of the legislation, however, is this:

The bill also includes a section mandating counseling for school officials who fail to distinguish between guns and things that resemble guns. School officials who fail to make such a distinction more than once would face discipline themselves.

Now I call that a useful law!  It’s a shame our education professionals seem to need it.

RELATED: More insane anti-gun hysteria from Dan Mitchell and Eric Owens.

via Sissy Willis and Iowahawk

(Crossposted at Sister Toldjah)


(Video) Police: In an emergency, “you’re on your own”

March 6, 2013

One of the arguments anti-Second Amendment forces have been using to argue for stricter firearms regulations is that you don’t need to own personal weapons for self-defense. After all, we have alternatives. If whistles and call boxes and puking on yourself (1) don’t work, never fear, the police have guns, and that’s all the deadly force society needs (2).

Well… That all depends on how fast the police can get there, doesn’t it? As this video from James O’Keefe’s “Project Veritas” shows, help can take so long to arrive, you’re essentially on your own:

This should be eye-opening for anyone who thinks the police will arrive in the nick of time, and I don’t blame them at all for their answers. A lot of factors can influence response time, from staffing to being deployed on other calls to miscommunication on the 911 call, itself. Here in Los Angeles, we have an excellent, dedicated police force, but this is also one of the lower-policed big cities in America, on a per capita basis. They simply cannot be everywhere at once.

Which means you’re on your own.

While I have to admit some of the cops’ answers to “what to do if someone breaks in” sounded as pathetic as the items linked above, let me join the chorus singing the praises of Milwaukee County Sheriff Clarke, shown at the end, whose plain-spoken advice to his community was “get a gun and learn how to defend yourself.” This isn’t just a necessary adjustment to times of budgetary difficulties, but sound advice that’s as true now as it was in 1776: Nothing dangerous may ever happen to you, but, if it does, you are your own first line of defense.

Or, as I’ve said before, “When seconds count, help via 911 is minutes away.”

via Katie Pavlich

RELATED: More at Hot Air.

Footnotes:
(1) No, I’m not kidding on that last one. The “if all else fails” tips to prevent rape have since been removed by UC Colorado Springs, which claims they were, of course, taken “out of context.”
(2) Given what happened to these two women, that assurance for some reason doesn’t reassure me.

(Crossposted at Sister Toldjah)


Anti-gun hysteria: from the ridiculous to… Maryland

March 5, 2013
"Watch out! He's got a Pop-tart!!"

“Watch out! He’s got a Pop-tart!!”

And here I thought my beloved California was insane. Well, it looks like Maryland is trying to give us a run for the title.

You may have heard about 7-year old Josh Welch, a potentially dangerous proto-terrorist who was suspended from school in Anne Arundel County for the shocking crime of… breaking his pastry into something vaguely resembling a gun and, allegedly, saying “bang-bang.”

The horror.

But wait, it gets better!

Fearful that students may have been traumatized by a little boy acting like, well, a little boy, Park Elementary school is offering counseling to those who may be just too upset to go on after being threatened with junk food:

“I am writing to let you know about an incident that occurred this morning in one of our classrooms and encourage you to discuss this matter with your child in a manner you deem most appropriate.

(…)

If your children express that they are troubled by today’s incident, please talk with them and help them share their feelings. Our school counselor is available to meet with any students who have the need to do so next week. In general, please remind them of the importance of making good choices.”

This is how Rome fell, isn’t it? Far from being “troubled,” I’m willing to bet Josh’s friends were about to make their own “improvised food guns” and join in the fun.

Maybe they should offer them self-defense classes, instead:

This is the natural, ridiculous, and pathetic outcome of the anti-gun hysteria that the Democrats, the Left, and their allies in the media (but I repeat myself) have tried to generate nationwide in a shameless exploitation of the mass shootings at Aurora, Newtown, and elsewhere, in order to push their gun-control people-control agenda. Far from contributing to a rational discussion of the facts about gun violence in general and the likely causes of mass shootings, in particular, they instead use fear to try to rush through useless legislation — unless the intended use is the gutting of our natural right to keep and bear arms.

And in the course of using fear and misinformation press their agenda, they also create a climate in which children get suspended for carrying a loaded Pop-tart, packing a pink bubble-gun, and saving a busload of their classmates.

The only good I can see coming out of this is that these and other incidents will make the anti-gun left look so ridiculous that their anti-2nd amendment initiatives lose steam.

I hope.

via Legal Insurrection

(Crossposted at Sister Toldjah)


Bongino: #Guncontrol is “people control”

March 4, 2013

It’s a shame Dan Bongino lost his race for the US Senate from Maryland last November. As Professor Jacobson says, we could use a lot more like him in office. But, like Elizabeth Emken here in California, Bongino was running a Republican in a deep Blue state, and the odds were too long to overcome… this time.

Anyway, here’s Dan speaking at a “Guns Across America” rally in Maryland from last January; the takeaway line is his comment that gun control is really people control, and that when we use the left’s terms, we give the progressives the advantage in the argument. Point well made, and it’s one I’ll strive to remember:

And did you feel his passion, his conviction, and his willingness to keep fighting? When you live in a Bluer than Blue state (as both he and I do), it’s easy to get discouraged and give up. Time and again we lose elections, we see those in charge doing stupid, harmful things, and many of our friends and neighbors, frankly, look at us as if they’re seeing some sort of alien, all because we take seriously the philosophy behind the Constitution and the Declaration of Independence, and believe in an America that really is exceptional.

Citizens like Dan Bongino are a tonic against the urge to give up.

PS: Elizabeth Emken is considering a run for the House in 2014 against freshman Democrat Representative Ami Bera in CA-7, near my old stomping grounds in Sacramento. I know little about Bera, but I’m sure Emken would make a positive contribution toward moving this country back in the right direction. If she runs, we’ll be sure to follow the race.

(Crossposted at Sister Toldjah)


#Guncontrol – Colorado Democrats to ban popular shotgun?

March 2, 2013

Yet another “solution” that won’t do a thing to deal the problem of mass shootings, but will trample on the rights of law-abiding citizens:

A popular hunting shotgun could be banned under one of the bills moving through the state Capitol.

A pump or semi-automatic shotgun is the gun most hunters in Colorado use. It’s a gun state Sen. Greg Brophy, R-Wray, says could be banned under a bill that’s already passed the House and Gov. John Hickenlooper says he’ll sign.

“They’re coming after the standard shotgun,” Brophy told CBS4 Political Specialist Shaun Boyd.

And what would this bill do? It bans the dreaded “high-capacity magazine,” which affects this model because it can be adapted to hold more than eight shells. If the bill becomes law, it would impose draconian rules:

“The law is specific as of July 1. You can keep it, but only if you maintain continuous possession of it,” Brophy said. “If it breaks, you can’t give to a gunsmith even to fix it. You can’t hand it to your son to use. It’s all now outlawed because of this 1224, the bill that Gov. Hickenlooper says he’s going to sign … this is most extreme thing anybody’s ever done related to firearms.”

Like many of the gun-grabbing bills pushed by progressives (whose real intent is a de facto ban via onerous regulations), this bill ignores the facts about firearms-related violence in America, including the fact that the vast majority of mass shootings involve handguns. It pays no attention to what may well be the real problem, the deinstitutionalization of the mentally ill.

There is a problem, but taking advantage of tragedies to ram through  legislation that only gives the appearance of doing something to solve it really does nothing.

Except punish the law-abiding.

PS: The article goes on to report that Democratic legislators promise an amendment to deal with this issue. Forgive for thinking that’s an offer to sell the Brooklyn Bridge.

via Liberty Unyielding

(Crossposted at Sister Toldjah)


#GunControl: Oh, gee. Yet more lives saved thanks to right to bear arms – Updated

February 24, 2013

This time in Houston, where a family enjoy an evening together were suddenly faced with home invaders:

A 21-year-old son shot dead an intruder to protect his parents when three men stormed their suburban home on Thursday night.

The residents, who are from Eastern Europe, were enjoying some family time together and baking a cake when they heard a knock on the door at around 8pm.

The father answered the door and a group of three men forced their way in at the home in Houston, Texas.

One intruder was reportedly carrying a shotgun and another a pistol.

‘I see a young boy and I think it is a friend of my son so I open it a little bit,’ the father explained to KHOU, he did not want to be identified and pictured out of concern for his safety.

‘These guys push and out comes two more, they push me on the ground.’

The men then chased the mother while the son retrieved his gun which was stored under his bed. He fired three shots and hit one intruder in the bedroom. The man died at the scene.

This is an illustration of what I’ve said time and again with regard to the right to keep and bear arms:

“When seconds count, help via 911 is minutes away.”

The bandits were tying up the father with duct tape when the son got his gun. Had he tried to hide somewhere and dial 911 on his cell phone, rather grab a weapon, I doubt the odds of their survival would have been very good.

Note also that the family, who asked to remain unidentified, are from Eastern Europe. I’m willing to bet the parents at least remember life there under strict gun control, and how helpless that left them. Lucky for them they moved to a place that trusts its citizens and wants them empowered, rather than making them victims-in-waiting.

via Don Surber

UPDATE: So, some self-described “progressive liberal” on Twitter thought she’d put me in my place with this:

First off… God, what a nightmare. That poor child.

But, secondly, the child is not dead because of the gun. That little boy died because his father was a stupid, careless fool. The gun didn’t leave itself where it could be found, loaded and without a trigger lock. The father did. He is the one responsible for his son’s death, not the inanimate object. And, in addition to possible criminal penalties, he has to live with that truth for the rest of his sorry life. Tragic as this event is, it is not a reason to infringe on the natural right of the people to keep and bear arms for self-defense.

Nice try, Catherine.

(Crossposted at Sister Toldjah)


#GunControl: More on State Senator Adam “Warrantless Search” Kline of Washington

February 21, 2013

Not only does he make a habit of trying to curb-stomp the Fourth Amendment of the Bill of Rights, but he is also violating his own state constitution’s guarantee of the right to bear arms. (See section 24)

Via Clayton Cramer, who has much more.

PS: And this is a guy described as a “lawyer hyper-attuned to civil rights issues?” Yeesh.


#GunControl: Proof that Washington State Democrats don’t give a damn about the Bill of Rights

February 20, 2013

At least, State Senator Adam Kline (D – Seattle) doesn’t.

First go back and read my post from yesterday. The digest version is that Democratic state senators, including Kline, were following the post-Newtown party line on gun control and introduced a bill that would, among other things, permit the local sheriff to enter a gun owner’s home for inspection once per year without a warrant.

Naturally a furor resulted when this was discovered and the offending section was removed. Senator Kline went so far as to tell Seattle Times columnist Danny Westneat:

I spoke to two of the sponsors. One, Sen. Adam Kline, D-Seattle, a lawyer who typically is hyper-attuned to civil-liberties issues, said he did not know the bill authorized police searches because he had not read it closely before signing on.

“I made a mistake,” Kline said. “I frankly should have vetted this more closely.”

In my original post, I voiced strong suspicion regarding Kline’s protestations that it was an accident, pointing out that progressivism disdains our founding documents and the philosophy behind them. But, in the back of my mind, I wondered if I was being too hard on Kline and his colleagues. Maybe it was just a simple error of oversight.

I shouldn’t have worried; it turns out I was right.

Via Bryan Preston look at what The Sure Things of Life found:

Senator Kline was a sponsor of an assault weapons bill in the 2009-2010 session which contained the EXACT SAME  PROVISION.  From Bill 6396:

“(5) In order to continue to possess an assault weapon that was legally possessed on the effective date of this section, the person possessing the assault weapon shall do all of the following:

 (a) Safely and securely store the assault weapon. The sheriff of the county may, no more than once per year, conduct an inspection to ensure compliance with this subsection;”

 And from a bill he sponsored in 2005, Bill 3475:

“(5) In order to continue to possess an assault weapon that was legally possessed on the effective date of this section, the person possessing the assault weapon shall do all of the following:

 (a) Within ninety days following the effective date of this section, submit to a background check identical to the background check conducted in connection with the purchase of a firearm from a licensed gun dealer;

(b) Unless the person is prohibited by law from possessing a firearm, immediately register the assault weapon with the sheriff of the county in which the weapon is usually stored;

(c) Safely and securely store the assault weapon. The sheriff of the county may, no more than once per year, conduct an inspection to ensure compliance with this subsection;

Senator Kline didn’t “make a mistake”. 

No, he didn’t. He knew just what he was doing.  It seems subverting the 4th amendment is a bit of a hobby for Senator Kline. Maybe his voters should start asking themselves if they want someone in office who takes their liberties so lightly, before he goes after their other remaining rights.

(Crossposted at Sister Toldjah)


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