Just ONE more – Scary Gun Images for Our Congresscritters

Does this



Bother you?

Or this?

Too bad.

They’re available from DSA Arms. They start at about $1,400.

I’m sure the gang-banger’s love ’em.

I want one.

One More Before I Call it a Night

Jeff over at Alphecca is taking entries for “the biggest “howlers” involving guns that you’ve seen in the movies and on TV.”

I sent him mine:

The one that comes immediately to mind is in the recent “Road to Perdition” when Tom Hanks’s character executes his quarry by shooting him while he bathes.

Shown in profile, his 1911 in clear view, Tom empties the magazine – firing each shot with the hammer DOWN. Oh, and neither the hammer nor the slide appear to move.

I didn’t know Para-Ordinance made double-action 1911’s back that far.

You think he’d have known better after making “Saving Private Ryan.” Anyway, e-mail him yours. It should be an interesting collection.

The ACLU Hasn’t Changed Its Tune

ACLU President Nadine Strossen recently gave an interview to Reason magazine. In it, she was asked about the ACLU’s position on the Second Amendment:

Reason: So why doesn’t the ACLU challenge gun-control laws on Second Amendment grounds?

Strossen: We reexamine our positions when people come forward with new arguments. On the gun issue, I instituted a reexamination a few years ago in response to a number of things, but the most important one was an article by Sanford Levinson at University of Texas Law School that summarized a wave of new historical scholarship. Levinson’s argument was that in the 18th century context, a well-regulated militia meant nothing other than people in the privacy of their homes.

So we looked into the historical scholarship there and ended up not being persuaded. The plain language of the Second Amendment in no way, shape, or form, can be construed, I think, as giving an absolute right to unregulated gun ownership. It says, “A well-regulated militia being necessary to the security of a free state, the right to bear arms shall not be infringed.” Certainly, when you have the notion of “well-regulated” right in the constitutional language itself, it seems to defy any argument that regulation is inconsistent with the amendment.

Putting all that aside, I don’t want to dwell on constitutional analysis, because our view has never been that civil liberties are necessarily coextensive with constitutional rights. Conversely, I guess the fact that something is mentioned in the Constitution doesn’t necessarily mean that it is a fundamental civil liberty.

Pardon the hell out of me, but why the hell do you think they put it in the Bill of Rights? What this means is “We’re the ACLU – WE define what is and what isn’t a civil liberty.”

Strossen: So the question becomes, What is the civil-liberties argument of those who would say we should be opposing all gun control? What it comes down to is the very strong belief that having a gun in your home is something that can ultimately fend off the power of a tyrannical government. I find that really unpersuasive in the 20th-century context. Maybe it made sense in the 18th century. I would hope that’s the kind of thing we do through words rather than through guns and that, to me, is the function that the First Amendment serves, not the Second Amendment.

Reason: Would you support a total ban on gun ownership?

Strossen: We might very well oppose that. I would think that our present policy would not foreclose opposing that the way we oppose many other kinds of prohibition, such as drug prohibition.

Let’s go back to that statement: “What it comes down to is the very strong belief that having a gun in your home is something that can ultimately fend off the power of a tyrannical government. I find that really unpersuasive in the 20th-century context. “ 

I’ll tell you what the civil-liberties argument of those who would say you should be opposing all gun control is, Nadine: It’s the same reason you fight each new attempt to infringe the First Amendment – to keep it from coming to the point where you have to defend elimination of the right in its entirety. So you never have to fight a “total ban on ownership.” If it comes that far, it’s too late.

Her quote reminded me of something I wrote a while back, so I’m going to dredge that up, too. I wrote the original piece back in December of 2000 on the ThemeStream site (now long gone) because of the ACLU of Massachussetts defending NAMBLA in a First Amendment case, but no ACLU chapter has ever (to my knowledge) defended a Second Amendment case. I wondered why that was, so I looked:

It has been said that if the ACLU defended the Second Amendment with the same vigor that it defends the remainder of the Bill of Rights, gun ownership in America would be mandatory. I respect the ferocity with which they defend unpopular causes. I do not always agree with the ACLU position, but I understand the idea of the “slippery slope” – that any infringement on a right makes the next infringement easier. They protect every word of the Bill of Rights with the tenacity of a pit bull, regardless of the odiousness of those groups who bring the cases.

Every word except for these:

“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.”

I have been somewhat at a loss to understand that lack. I recently visited their web site and found their explanation for it. Let me quote:

“We believe that the constitutional right to bear arms is primarily a collective one, intended mainly to protect the right of the states to maintain militias to assure their own freedom and security against the central government. In today’s world, that idea is somewhat anachronistic and in any case would require weapons much more powerful than handguns or hunting rifles. The ACLU therefore believes that the Second Amendment does not confer an unlimited right upon individuals to own guns or other weapons nor does it prohibit reasonable regulation of gun ownership, such as licensing and registration.”

Think about that position for a moment. I did, and it made me angry. Very angry. The ACLU has just shown itself in a few words to be completely hypocritical. They didn’t even try to hide the fact in their language, it’s out there for anyone with a sixth-grade level of reading comprehension to pick up.

Primarily a collective one.

Intended mainly to protect the rights of the states.

Reasonable regulations.

Somewhat anachronistic.

However, the ACLU has no problem defending the North American Man-Boy Love Association in what they consider to be a First Amendment case of free speech. NAMBLA was named in a lawsuit as an accomplice in the rape and murder of a young boy by a member of the organization who, just before committing the crime, accessed the groups web site for mental reinforcement. No, the ACLU claims that there is no such thing as a “bad idea”. Their press release on this case states:

“The principle is as simple as it is central to true freedom of speech: those who do wrong are responsible for what they do; those who speak about it are not. It is easy to defend freedom of speech when the message is something many people find at least reasonable. But the defense of freedom of speech is most critical when the message is one most people find repulsive.”

No wishy-washy weasle words here. The freedom of speech isn’t primarily a collective one. It isn’t there mainly to protect the rights of individuals. It isn’t subject to reasonable regulations. Freedom of speech can’t be licensed or registered. It is treated as an unlimited right.

And apparently those who do wrong with a firearm aren’t responsible for what they do, for the ACLU won’t defend firearms manufacturers in similar lawsuits.

No, the primary reason the ACLU declines to defend the Second Amendment is clearly expressed in the sentence “…that idea is somewhat anachronistic and in any case would require weapons much more powerful than handguns or hunting rifles.” Sanford Levinson, in his essay “The Embarrassing Second Amendment” addresses that position:

“…if one does accept the plausibility of any of the arguments on behalf of a strong reading of the Second Amendment, but, nevertheless, rejects them in the name of social prudence and the present-day consequences produced by finicky adherence to earlier understandings, why do we not apply such consequentialist criteria to each and every part of the Bill of Rights?”

Yes, why don’t we? And why does the ACLU feel comfortable doing it to the Second Amendment? How do they justify to themselves defending all other “rights of the people” as individual rights, and ignoring only one as “primarily a collective right”?

UPDATE:  As of August 8, 2013 due to the herculean efforts of reader John Hardin, the original JS-Kit/Echo comment thread for this post is now available (for reading only) here.

And the ACLU STILL hasn’t changed its tune, ten years later.

The Blog that Ate Poughkeepsie

(I’m currently engaged (if he ever responds again) in a debate with a gentleman from Ireland who currently lives in England. The debate is going on over at The Commentary, a blog that he runs that I don’t have administrator priviledges at. This is a slightly reworked post from over there that I wanted to repost here because, damnit, I’m proud of it. It was a lot of work. Bear in mind when you read this that I’m explaining this as though the reader has no first-hand knowledge of the American system of government.)

The United States was established with the ideal that it would be a government of the Rule of Law. As Benjamin Franklin put it upon being asked what form of government the recently concluded Constitutional Convention had wrought, “A Republic, if you can keep it.” You have to remember at all times, government is made of and run by humans. Henry Louis Mencken wrote:

“The government consists of a gang of men exactly like you and me. They have, taking one with another, no special talent for the business of government; they have only a talent for getting and holding office. Their principal device to that end is to search out groups who pant and pine for something they can’t get and to promise to give it to them. Nine times out of ten that promise is worth nothing. The tenth time is made good by looting A to satisfy B. In other words, government is a broker in pillage, and every election is sort of an advance auction sale of stolen goods.”

That is a VERY American attitude. People call America a democracy all the time. Even our government officials do, but it was never supposed to be a democracy. It’s supposed to be a representative republic, and those representatives were to be chosen from a small and self-selecting pool. The system of elections wasn’t intended to be a “one man, one vote” democracy, but a meritocracy where the people making and enforcing the rules had a talent for government. And it worked very, very well for a while. Honestly, the system as it was established has worked well for over 200 years, being that it was constructed in the full knowledge that power both corrupts and attracts the corrupt. Unfortunately, the accumulated crap produced by those whom Mencken described (and he wrote that probably in the early 1930’s) is apparently catching up with us. This is nowhere more apparent (if you study this stuff) than in the battle for the right to arms. It has become a litmus test for freedom.

Let me explain. (And pardon me – this is going to take a while, but it directly addresses your question and is the heart of the whole right-to-arms thing.)

You ask: “…let’s say a liberal government came to power and wanted to ban gun ownership. It would not be able to, because of the Second Amendment, right?”

That’s the question, all right.

Here’s how the whole Rule of Law thing is supposed to work in our Representative Republic. There’s a set of rules on how the government itself is supposed to be established – division of powers, rules for electing officials, appointing officials, so on and so forth. There’s a list of things that the government is prohibited from screwing with, i.e., the Bill of Rights. There’s a set of rules laid out in the Constitution for modifying the Constitution as times and conditions change. That modification process is made intentionally difficult, because the need must be great and there must be consensus that the change is necessary. No modifying the foundation of our government on a whim. No 50% +1 vote is sufficient to, say, expel all left-handed redheads from the nation. (Note that this hasn’t stopped us from making some bonehead changes, such as Prohibition and the popular election of Senators.)

On legal questions relating to the Constitution and the Bill of Rights, the various courts are supposed to defer to the intentions of the Founders. Thomas Jefferson put it this way in 1823:

“On every question of construction (of the Constitution) let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.”

When it comes to the Second Amendment there is no evidence that anything other than an individual right to arms was intended, and abundant evidence that an individual right is what was intended. Court cases dating up to the Civil War and beyond make that apparent. The most illuminative of these cases is also one of the most reviled. It is Scott v. Sanford, better known as “Dred Scott,” and it occurred just prior to the Civil War. In fact, it has been called “the match that ignited the Civil War.” If you’re interested, go look it up. The central theme of the case was whether a slave, having been taken by his owner to a “free” state was, in fact, free. The Supreme Court in the 7-2 opinion written by Chief Justice Taney not only said “no,” it said that “free” blacks were not and could not be citizens, because:

(Citizenship) “would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went. And all of this would be done in the face of the subject race of the same color, both free and slaves, and inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.” (My emphasis)

FIFTY-EIGHT YEARS after the ratification of the Constitution and the Bill of Rights, the highest court in the land acknowledged that the right to keep and bear arms was an individual one, and no mention of the militia, well-regulated or otherwise was made. And the court found it necessary to deny all of the rights guaranteed to citizens to free blacks – why? To ensure public safety.

Further, shortly after the war (which was fought in no small part to determine just who “the People” were and was hell on the “public safety”) the highest court in the land once again stepped on its penis, allowing the denial of the right to arms to the newly established citizens who had been made such by the 13th Amendment, and who were guaranteed equal protection under the law by the 14th Amendment. In U.S. v Cruikshank the Supreme Court declared not that the Second Amendment protected militias, but:

“The right there specified is that of ‘bearing arms for a lawful purpose.’ This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence. The second amendment declares that it shall not be infringed; but this, as has been seen, means no more than that it shall not be infringed by Congress. This is one of the amendments that has no other effect than to restrict the powers of the national government, leaving the people to look for their protection against any violation by their fellow-citizens of the rights it recognizes…”(My emphasis)

In other words, the Bill of Rights didn’t protect the rights of individuals against infringement – it protects them against infringement by Congress. The STATES were free to do as they damned well pleased. You had to depend on your fellow citizens for the protection of your rights there.

This was blatantly in opposition to the intent of the 14th Amendment, but because government is made of men, it still flew. And gun control in this country began to take root, fertilized with the manure of racism. State laws prohibiting blacks from possessing firearms were reinstated, and not one was struck down on Second Amendment grounds. The Supreme Court had ruled!

Since that time every other “right of the People” has had a Supreme Court or Appeals Court ruling that has “incorporated” it against infringement by the States – including the 3rd Amendment protection against the housing of troops in peacetime! Only the Second Amendment right of “bearing arms for a lawful purpose”, “keep(ing) and carry(ing) arms wherever” we may go has not. And so we have a bewildering patchwork of gun control laws that varies from state to state, and county to county, and county to city, all over the country. Guns are licensed here, they aren’t licensed there. You have to get government permission to buy a handgun in some states, but not in others. You aren’t allowed to possess a handgun in some cities, but in Vermont there are no laws against carrying concealed at all. No permit required. Not even in Montpelier, the capital.

The Second Amendment was last addressed by the Supreme Court in 1939, after Congress passed the 1934 National Firearms Act – an act that many people believe did infringe on the right to arms. The NFA was passed in response to the general violence and lawlessness caused by that cranial flatulence, Prohibition. The lower federal court judge in the case certainly believed it did, as he dismissed the case against Jack Miller and Frank Layton on those grounds. In fact, what he said was:

“The National Firearms Act is not a revenue measure, but an attempt to usurp police power reserved to the states, and is therefore unconstitutional. Also, it offends the inhibition of the Second Amendment to the Constitution – “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.”

The case was appealed directly to the Supreme Court – do not pass through the Appeals Court, go directly to jail. The decision in U.S. v Miller is a beautiful example of the judicial system dodging a bullet, so to speak. Miller and Layton were moonshiners (manufacturers of an untaxed alcoholic beverage) who were arrested by two Treasury agents for the possession and interstate transport of a “shotgun having a barrel of less than eighteen inches” which, under the 1934 National Firearms Act, was illegal unless they had a form with a stamp attached that proved they’d payed the required tax. That law said that if you had a shotgun and wanted to take it across state lines, the barrel had to be longer than 18″ or you had to pay the tax. Of course, that “tax” also required you to file an application in duplicate, be fingerprinted and photographed, undergo a background check, and get the permission of the local head of law enforcement. Oh, and the tax was a mere $200. For a $10 shotgun. The same rules held for rifles having a barrel shorter than 16″, and for fully-automatic weapons. And the law established a registry of all weapons so taxed.

Now I ask you: was this or was this not what the lower court judge said it was?

(This law is the one that most people think of when they claim that “machine guns are banned” by the federal government, but they aren’t banned. Just registered and taxed and heavily restricted. There are states that ban them, but Arizona is not one of them. I know several people who legally own fully-automatic weapons.)

When the case appeared before the Supreme Court, Mr. Miller was nowhere to be found. Apparently he died in the interim, but Mr. Layton was still alive. Either way, neither Mr. Miller nor Mr. Layton was represented by anybody before the Supreme Court. No briefs were filed on their behalf, no evidence was presented to support their case. The prosecution claimed before the Court that Miller and Layton’s claim that their Second Amendment rights were voilated was null because neither one of them was a member of a militia. That’s the argument you’ve been making. The Court considered this, but it didn’t decide the case on those grounds. It could have done so easily. They discussed the militia question in fervent detail, but never came to a conclusion on it. Instead, the Court decided that Miller and Layton’s claim was invalid because:

“In the absence of any evidence tending to show that possession or use of a ‘shotgun having a barrel of less than eighteen inches in length’ at this time has some reasonable relationship to the preservation or efficiency of a well regulated militia, we cannot say that the Second Amendment guarantees the right to keep and bear such an instrument.”

Which raises the interesting question, “what if they had some evidence?” And the more interesting question, “What if Miller and Layton had possessed a Browning Automatic Rifle instead?” The BAR was standard military equipment for the time, and was also available to the general public since its introduction in 1917.

So, once again, the Supreme Court made a bad decision – in the name of “public safety.”

But what’s worse is that the lower courts have since interpreted U.S. v Miller to say that there is no individual right to arms outside militia service, and that’s a conclusion that cannot be drawn from an honest reading of the case. Since 1939 we’ve been fighting an uphill battle, and there have been no other cases brought before the Supreme Court. They’ve dodged every one.

With the door now opened, gun control forces such as the ones that have stripped England of the right to arms expanded the laws to affect not just “those people,” but everybody. The good-old-boys who used gun control laws to keep the blacks unarmed now saw those same laws used against themselves. Horrors! And the courts offered no respite. The courts were responsible for this.

But in the last two decades our side has been fighting back, and with growing success. First, we got the legal scholars to actually look at the law. Then they started writing. And getting ostracized by their liberal coworkers, but that didn’t stop them. I could quote a number of them, but I’ll quote just one – Laurence Tribe. Yale Law School professor, author of the ConLaw text American Constitutional Law and one of Al Gore’s lawyers in the last Presidential Election. In the first edition of his textbook, he didn’t even mention the Second Amendment, but in the most recent one he has:

“Perhaps the most accurate conclusion one can reach with any confidence is that the core meaning of the Second Amendment is a populist / republican / federalism one: Its central object is to arm ‘We the People’ so that ordinary citizens can paricipate in the collective defense of their community and their state. But it does so not through directly protecting a right on the part of states or other collectivities, assertable by them against the federal government, to arm the populace as they see fit. Rather the amendment achieves its central purpose by assuring that the federal government may not disarm individual citizens without some unusually strong justification consistent with the authority of the states to organize their own militias. That assurance in turn is provided through recognizing a right (admittedly of uncertain scope) on the part of individuals to possess and use firearms in the defense of themselves and their homes — not a right to hunt for game, quite clearly, and certainly not a right to employ firearms to commit aggressive acts against other persons — a right that directly limits action by Congress or by the Executive Branch and may well, in addition, be among the privileges or immunities of United States citizens protected by §1 of the Fourteenth Amendment against state or local government action.”

He was villified by other liberals for writing that.

Then there was the recent Fifth Circuit Court of Appeals decision in US v Emerson which did (for the first time since 1939) an “original intent” review of the Second Amendment, (including a thorough review of US v Miller) and which concluded that the right to arms was an individual right. HOWEVER (and I’m finally getting back to the “nukes in the garage / RPGs in the basement” argument):

“Although, as we have held, the Second Amendment does protect individual rights, that does not mean that those rights may never be made subject to any limited, narrowly tailored specific exceptions or restrictions for particular cases that are reasonable and not inconsistent with the right of Americans generally to individually keep and bear their private arms as historically understood in this country.”

Halleluja! The right is individual, but not unlimited! The difference is, whatever restrictions (at this time) the FEDERAL government wants to place on the right must be “narrowly tailored specific exceptions or restrictions” and (elsewhere in the decision) due process must be followed in order to deny an individual his rights. In the case of Timothy Emerson, he received due process and the restriction met the “narrowly tailored” requirement test of that court – “albeit likely minimally so”.

Now, you would think, we would be able to discuss just what laws were and were not “narrowly tailored” and specific enough to meet the test, but not so! The NINTH Circuit Court of Appeals handed down a decision even more recently that bitch-slapped the Fifth Circuit’s decision, although several of the justices disagreed with the majority most eloquently. The Fifth Circuit is based in New Orleans. The Ninth Circuit is based in California. In San Francisco, to be exact. It’s the most liberal of all the courts, and the most overturned by the Supreme Court. But there are some justices out of the 25 who still can think, and I’m going to end this post with the words of one of them.

The case is Silviera v Lockyer, and it has to do with California’s version of the “assault weapons ban.” The Ninth Circuit rejected the claim on the basis that there is no individual right to arms, holding as precedent an earlier case where the Ninth Circuit concluded that this was what US v Miller meant. The case was then appealed to the Ninth Circuit en banc, so that instead of only a three-judge panel, all 25 would hear it. That appeal was rejected on the same grounds. There were FOUR (4) dissenting opinions. This one was, by far, the best:

Judges know very well how to read the Constitution broadly when they are sympathetic to the right being asserted. We have held, without much ado, that “speech, or . . . the press” also means the Internet…and that “persons, houses, papers, and effects” also means public telephone booths….When a particular right comports especially well with our notions of good social policy, we build magnificent legal edifices on elliptical constitutional phrases – or even the white spaces between lines of constitutional text. But, as the panel amply demonstrates, when we’re none too keen on a particular constitutional guarantee, we can be equally ingenious in burying language that is incontrovertibly there.

It is wrong to use some constitutional provisions as springboards for major social change while treating others like senile relatives to be cooped up in a nursing home until they quit annoying us. As guardians of the Constitution, we must be consistent in interpreting its provisions. If we adopt a jurisprudence sympathetic to individual rights, we must give broad compass to all constitutional provisions that protect individuals from tyranny. If we take a more statist approach, we must give all such provisions narrow scope. Expanding some to gargantuan proportions while discarding others like a crumpled gum wrapper is not faithfully applying the Constitution; it’s using our power as federal judges to constitutionalize our personal preferences.

The able judges of the panel majority are usually very sympathetic to individual rights, but they have succumbed to the temptation to pick and choose. Had they brought the same generous approach to the Second Amendment that they routinely bring to the First, Fourth and selected portions of the Fifth, they would have had no trouble finding an individual right to bear arms. Indeed, to conclude otherwise, they had to ignore binding precedent. United States v. Miller, 307 U.S. 174 (1939), did not hold that the defendants lacked standing to raise a Second Amendment defense, even though the government argued the collective rights theory in its brief. The Supreme Court reached the Second Amendment claim and rejected it on the merits after finding no evidence that Miller’s weapon – a sawed-off shotgun – was reasonably susceptible to militia use. We are bound not only by the outcome of Miller but also by its rationale. If Miller’s claim was dead on arrival because it was raised by a person rather than a state, why would the Court have bothered discussing whether a sawed-off shotgun was suitable for militia use? The panel majority not only ignores Miller’s test; it renders most of the opinion wholly superfluous. As an inferior court, we may not tell the Supreme Court it was out to lunch when it last visited a constitutional provision.

The majority falls prey to the delusion – popular in some circles – that ordinary people are too careless and stupid to own guns, and we would be far better off leaving all weapons in the hands of professionals on the government payroll. But the simple truth – born of experience – is that tyranny thrives best where government need not fear the wrath of an armed people. Our own sorry history bears this out: Disarmament was the tool of choice for subjugating both slaves and free blacks in the South. In Florida, patrols searched blacks’ homes for weapons, confiscated those found and punished their owners without judicial process. In the North, by contrast, blacks exercised their right to bear arms to defend against racial mob violence. As Chief Justice Taney well appreciated, the institution of slavery required a class of people who lacked the means to resist. See Dred Scott v. Sandford, 60 U.S. (19 How.) 393, 417 (1857) (finding black citizenship unthinkable because it would give blacks the right to “keep and carry arms wherever they went”). A revolt by Nat Turner and a few dozen other armed blacks could be put down without much difficulty; one by four million armed blacks would have meant big trouble.

All too many of the other great tragedies of history – Stalin’s atrocities, the killing fields of Cambodia, the Holocaust, to name but a few – were perpetrated by armed troops against unarmed populations. Many could well have been avoided or mitigated, had the perpetrators known their intended victims were equipped with a rifle and twenty bullets apiece, as the Militia Act required here. If a few hundred Jewish fighters in the Warsaw Ghetto could hold off the Wehrmacht for almost a month with only a handful of weapons, six million Jews armed with rifles could not so easily have been herded into cattle cars.

My excellent colleagues have forgotten these bitter lessons of history. The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed – where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

Fortunately, the Framers were wise enough to entrench the right of the people to keep and bear arms within our constitutional structure. The purpose and importance of that right was still fresh in their minds, and they spelled it out clearly so it would not be forgotten. Despite the panel’s mighty struggle to erase these words, they remain, and the people themselves can read what they say plainly enough:
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.

The sheer ponderousness of the panel’s opinion – the mountain of verbiage it must deploy to explain away these fourteen short words of constitutional text – refutes its thesis far more convincingly than anything I might say. The panel’s labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it – and is just as likely to succeed. (All emphasis in original, most legal references removed for clarity.)

So, in answer to your question “…let’s say a liberal government came to power and wanted to ban gun ownership. It would not be able to, because of the Second Amendment, right?”, let’s just say the jury is still out on that one.

(Update: Both U.S. v. Emerson and Silveira v. Lockyer were appealed to the Supreme Court. Emerson’s appeal was denied in 2002. Silveira’s appeal was denied in 2003. The Supreme Court continues to avoid addressing the question of just what the Second Amendment really protects.)

It’s Not My Place To Second-Guess…

The Tacoma, Washington Tribnet.com has this story:

Bedridden homeowner shoots burglar who entered his room

As his back door was kicked in Monday afternoon, a South End homeowner – confined to his bed because of a disability – called 911 with one hand and grabbed his 9 mm Glock handgun with the other.

Within seconds, a burglar was in the bedroom and inching closer.

“He didn’t stop coming toward me until he was looking down the barrel of a 9 mm,” said the 64-year-old homeowner, who didn’t want to be identified out of fear for his safety.

The burglar, disguising his face with a handkerchief, backed off several steps and called out to someone else.

“I thought he was going to take off, but he turned back around and he said, ‘I’m going to get you,'” the homeowner said. “That’s when I shot him.”

Injured and bleeding, the burglar and his accomplice ran out of the house. Police had not found him late Monday.

Investigators have alerted area hospitals and clinics to be on the lookout for a man with a gunshot wound to the hip, Tacoma police spokesman Mark Fulghum said. The suspect is described as white, in his 20s and about 6 feet tall.

Officials suspect at least two men broke into the home on South 88th Street about 12:30 p.m. It appeared the homeowner fired his gun in self-defense, Fulghum said.

“He’s bedridden, and a guy came around the corner and he felt threatened,” Fulghum said.

The homeowner said he has kept a gun in his home for years for protection. He had not fired it outside of the range before Monday.

“I didn’t shoot him to kill him,” said the homeowner Monday evening as he lay on his side in bed. “I’m thoroughly convinced this guy would have killed me.”

The homeowner said he first heard a loud noise behind the house shortly after his wife left to run errands. He thought she might be moving the garbage cans around.

“I never know what she’s doing,” he said.

Moments later, someone kicked in the back door. The homeowner grabbed the phone and dialed 911. As it rang, he searched for his gun. He called out.

“Is that you?” he said, asking for his wife.

A man’s voice responded. Then the man entered the room and moved toward the homeowner.

“He came at me like he was going to choke me,” the homeowner said.

He fired a single shot.

“I didn’t say a word,” the homeowner said. “If he’d grabbed a gun, it would have been me.”

A 911 dispatcher answered the homeowner’s call moments after the shooting. The dispatcher called the man’s wife and told her to come home.

“He thought he had a helpless victim,” the homeowner said of the man he shot. “All of a sudden he realized he wasn’t in charge any more.”

Gun in one hand, phone in the other. You’ll note which of the two stopped the attack.

I’m not going to second-guess the man, but I’d have put half the magazine in him. And I wouldn’t have been aiming for the hip.

Remember – defending yourself this way in England will put you in jail. Doing it in NYC without paying the government for permission will too.

The More Things Change…

Donald Sensing has an interesting piece up concerning the lessons learned from the war in Iraq.

Lesson One: Infantry rifle combat distances unchanged since World War I

Long range marksmanship has its place, but in combat it’s still up close and personal, apparently. According to this Strategy Page piece:

The role of snipers is changing. There are still, “one shot, one kill and get out” situations. But often the sniper is concealed in friendly territory and facing multiple targets that all need prompt attention. This has made semiautomatic sniper rifles like the SR25, and refurbished (and upgraded for better accuracy) M-14s popular with many combat snipers. Sniping ranges are often quite short, making a slightly less accurate (than a bolt action sniper rifle) SR25 popular. For this kind of shooting, every round does not have to hit within a inch of the cross hairs. Two or three inches will do if you are aiming for the trunk, and not the head, and at 200-300 meters, a trained sniper can do this with a high quality semi-automatic like the SR25, and do it quickly enough to make a difference. “Semi-automatic sniping” is becoming more popular with troops who have not gone through extensive sniper training. It’s becoming more common to have one or two men per squad trained as designated sharpshooters. They are selected for their natural skill at shooting, given some additional training and a better scope for their M-16, and trained to be, well, the squad sharpshooter. It’s also more common to equip all combat troops with some kind of scope for their M-16, and make available night vision and heat sensing scopes as well. All of this comes from the basic idea that better trained troops mean soldiers who have more practice with their infantry weapons. More skill means more can be done with additional equipment like scopes. So far, this approach seems to be working. And it should, because during both World War I and II, years of combat brought out thousands of natural snipers, who made it dangerous to stick your head out when too close to the enemy. With the introduction of the 12.7mm sniper rifle in the 1980s, it became possible to hit someone two miles away. It’s dangerous out there. If you’re the one with most of the snipers, that’s just the way you want it.

So even most “sniping” is done at relatively close range. Those incidents where extreme-range shots are taken are very, very rare.

Dept.: Our Collapsing Schools

Michelle at a small victory links to this short piece at National Review’s The Corner

STARVE THE BEAST [John Derbyshire]

I urge all my fellow Long Islanders who read The Corner to go out and vote down the school budgets being presented to us today. In my town, the budget proposal asks for an increase of 5.52 percent over last year. Did your family’s income increase 5.52 percent last year? If not, you can’t afford this budget. The only way to kill socialism is to starve the beast–cut off its food supply. Vote down the budget and keep voting it down, till the school boards get the message that in tough times, the public sector has to tighten its belt with the rest of us. Similarly, when you vote for school board members, vote for the ones who are NOT shills for the public-sector unions. It’s not hard to figure out who they are from their mission statements.

Michelle’s response is worth the read.

I’d like to add my 2¢:

My sister is a public school teacher. She’s a damned good one, too. I don’t know anyone who works harder at a job than she does, and anyone who believes that it’s the teachers who are primarily at fault hasn’t been paying attention. The problem has two origins, the top: administration, starting at the Department of Education and falling all the way down to the school district; and the bottom: the parents who use the school system as daycare. Yes, there are some really bad teachers out there, but it’s the job of the administration to weed them out. And it’s the job of the parents to ensure that they do.

I’m with Derbyshire – STARVE THE BEAST. Perhaps then the bloated administration will have to be cut, and perhaps then the merely unaware parents will have to become involved.

Every other solution I’ve got involves tar, feathers, and rails.

I Don’t Know His Politics, but I LIKE This Guy!

Keanu Reeves, according to reports, is giving away quite a bit of what he is projected to make from the two Matrix sequels. And he’s giving it to the people who made the movie possible – the special effects and costume crews.

The interesting thing to me is, when I ran a Google News search, 90% of the reporting on this was in the UK. I found two local outlets that picked the story up. All the others were England, Ireland, Australia, New Zealand.

Joke of the Day

Just got this by e-mail with no attribution:

Hillary Clinton goes to a primary school to talk about the world.

After her talk she offers question time. One little boy puts up his hand, and the Senator asks him what his name is.

“Billy”

“And what is your question, Billy?”

“I have three questions.

First – Whatever happened to your medical health care plan?

Second – Why would you run for President after your husband shamed the office?

Third – Whatever happened to all those things you took when you left the White House?”

Just then the bell rings for recess and Hillary informs the kiddies that they will continue after recess.

When they resume Hillary says, “Okay where were we? Oh, that’s right, question time. Who has a question?”

A different little boy puts his hand up. Hillary points him out and asks him what his name is.

“Steve”

“And what is your question, Steve?”

“I have five questions.

First – Whatever happened to your medical health care plan?

Second – Why would you run for President after your husband shamed the office?

Third – Whatever happened to all those things you took when you left the White House?

Fourth – Why did the bell for recess go off 20 minutes early?

Fifth – What happened to Billy?”