Archive for the ‘gun control’ Category

How exactly do I feel about “assault rifles”?

I ask this because there is a Pew Charitable Trust poll “Amid a Series of Mass Shootings in the U.S., Gun Policy Remains Deeply Divisive” that asks this and other questions.

In theory, they should be banned or heavily regulated.

The reality, they are something people will have to get used to living with. “Black Lives matter”, The “peaceful protests”, and the defund the police movement have pretty much killed any chance of regulating firearms. That’s ironic since the “Black Lives Matter” movement and defunding the police require having a strong system of firearms regulation to have even a shred of being successful.

That’s because people need to feel safe and secure, which is something I think most gun regulators miss. The belief that “no one needs a firearm like that” rings hollow when the police start disappearing from the streets. My “I Almost bought an AR” post was about this since the reportage if one was fortunate enough to be away from the action could cause some people to want to head to the nearest gun store and buy one.

I think some people are unaware of the situation in this country and how difficult it will be to persuade people they don’t need an assault rifle. Not to mention that I am beginning to believe most of the people on the regulation side are not really good at listening to the other side.

OK, despite what many people may think: I HAVE listened to the arguments. And examined them carefully. That goes for both sides.

Right now, the “gun grabbers” are losing the propaganda battle…badly. The result of which is that they are beginning to lose the battle.

They are also alienating people who should be on their side by living in a highly idealistic world, I still stick by my belief that:

While I support keeping guns out of the hands of people like criminals and the looters, it is thoroughly insane to prevent the law abiding to their safety. And for the most part I am sceptical of firearms for home defence, I can get why some people would want them.

The problem is that one can’t tolerate the “peaceful protests” and defunding the police, yet expect people to be willing to give up on what they see as their best defence.

They say that a conservative is a liberal who has been mugged: we may see a lot of people become “conservative” in the coming days.

At this point in time, firearms regulation is going to be one of the last things that will happen.

America’s Gun

There isn’t a consensus on what exactly that firearm would be. I’ve learned more than I have ever cared to know about the AR-15 in the past month or so. The AR15 definitely qualifies since it was designed by an American, Eugene Stoner. Enough of them are out there in the US that any chance of an “assault rifle ban” would be really difficult. And that’s even with a buyback.

I feel the same way I do about the AR15 that I do about Margaret Thatcher: I don’t like either of them, but I respect what they are in relation to their respective country’s culture. The AR15 is probably more symbolic toward US culture than Margaret Thatcher will ever be to Britain’s.

It is a symbol of militarism since it was designed over 60 years ago for the US military, with variants  used by military forces worldwide. Part of its attraction is that it is the civilian version of the US military’s weapon. And its deadliness is one of its attractive features. It is proven in combat and mass shootings.

The AR15 platform allows for it to be built in a myriad of different ways. It is also fairly easy to build with various kits being sold; from complete upper and lower receiver assemblies to the parts for making a ghost gun. Although, ghost gun means a firearm made “80%” lower receiver and parts. It is the AR15’s ability to be built by anyone which should cause people to pause.

I personally would not want to invest the time and effort into making an actual ghost gun. Complete stripped lower receivers are also available, which is the lower receiver block without the parts. That allows someone to create their custom gun. It’s easy to customise a completed lower receiver as well. Just look up a video on how to do that mod to your gun.

And there are the AR15 pistols as well, which I am mentioning since there is the debate as to how often these weapons are used in crime:

Mass shootings involving rifles like the AR-15 can produce dozens of victims at one time, and combined with extensive media coverage of these events, many people have been led to believe that such rifles pose a significant threat to public safety.

However, such shootings are extremely rare, and a look at the FBI data informs us that homicide with these types of rifles represents an extremely small fraction of overall homicide violence. Banning or confiscating such firearms from the civilian population would likely produce little to no reduction in violent crime rates in America.

Given the amount of variations on the AR15, there are a fair amount of pistol versions. One manufacturer lists barrel lengths from 8 inches to 20 inches for their upper receiver assembly. An interesting riff on all this since Orlando, Florida, authorities revised their initial description of one of the weapons used in the June 2016 attack at Pulse nightclub. After initially describing it as an “AR-15-type assault rifle,” police said it was a different type of firearm, the Sig Sauer MCX.

One the the variants of the MCX is the Rattler SBR (short barrelled rifle)[1]. While SBRs are NFA weapons, it’s pretty easy to bang one up using the AR15 platform. I would also toss in that semi-auto pistols that accept high capacity magazines are banned in some places. Additionally, a submachinegun is a machinegun that fires pistol calibre ammunition. That means that submachineguns are basically pistols that can have a very high rate of fire.

But the main reason I would say that the AR15 is America’s gun is that it will probably never be regulated despite the carnage it is capable of causing. Despite the deadly shooting in Las Vegas to the 20 toddlers killed at Sandy Hook, these weapons are more than freely available to anyone who wants one. You can buy an 80% receiver with no background check to build whatever version of an AR15 you want.

That means that anyone who is adept with metalworking tools, or just adept with tools if it’s a polymer 80, can crank out a weapon intended for the battlefield.

That should cause you to pause and think no matter what your opinion of these weapons happens to be.

[1] Short barrelled rifles are another topic which I am not going to get into.

Lots of thoughts

I am really annoyed with the level of virtue signalling/pandering I’ve been seeing as the reaction to the riots. My particular gripe is with “Juneteenth” which was pretty much unknown until fairly recently, especially the last few days. This is true even amongst “people of colour”.

The fact it has eclipsed Odunde in Pennsylvania, let alone Philadelphia, is more than enough to demonstrate to me that recent attention has been pandering and not very sincere. I would be truly insulted if I were black at how this event has suddenly received attention. But I doubt it will be a thing in another news cycle.

Which gets me to the riots, which they were. The fact that the peaceful demonstrations turned violent should have led to a distancing from the violence. Instead we receive virtue signalling that the looting is somehow OK. Toss in that defunding/abolishing the police can even be considered, let alone discussed.

The riots have helped gun sales go through the roof. We can pretty much forget ever having an “assault rifle ban”. Any buyback would make the Covid-19 economic relief look like a drop in the bucket. It’s possible.

But so is becoming a billionaire by winning the lottery.

The “Gun Violence Protection” crowd is showing how out of touch they are with the current state of events. Case in point is something I saw from Everytown where they were talking about how the Gun Rights crowd talked about fighting tyrannical government. Of course it also tried to paint recent events as “peaceful protest” neglecting the curfews and lockdowns in many US cities.

I’ve been wanting to talk about option 2 for why a someone would need an assault rifle, which is the exact opposite of “tyrannical government”.  That is when your country has become a failed state.

A failed state is a political body that has disintegrated to a point where basic conditions and responsibilities of a sovereign government no longer function properly (see also fragile state and state collapse). A state can also fail if the government loses its legitimacy even if it is performing its functions properly. For a stable state it is necessary for the government to enjoy both effectiveness and legitimacy. Likewise, when a nation weakens and its standard of living declines, it introduces the possibility of total governmental collapse. The Fund for Peace characterizes a failed state as having the following characteristics:

  • Loss of control of its territory, or of the monopoly on the legitimate use of physical force therein
  • Erosion of legitimate authority to make collective decisions
  • Inability to provide public services
  • Inability to interact with other states as a full member of the international community

Common characteristics of a failing state include a central government so weak or ineffective that it has an inability to raise taxes or other support, and has little practical control over much of its territory and hence there is a non-provision of public services. When this happens, widespread corruption and criminality, the intervention of state and non-state actors, the appearance of refugees and the involuntary movement of populations, sharp economic decline, and foreign military intervention can occur.

There were a few commenters who were pointing out the United States was a failed state prior to the Covid-19 lockdown, but the recent riots have shown that the US is indeed a failed state.

In that case, who is going to protect you?

I am not going to debate the wisdom of owning a firearm or other weapon during such a time. But I do understand why people would want them.

The virtue signalling crowd needs to step back and assess where the US happens to be at this point, because the US is not in good shape. And pandering to the mob is the wrong course of action.

Why I think Donald Trump will get another four years!

I remember driving through Western Pennsylvania a few days after the 2016 election. It was obvious why Trump won then. The Dems didn’t bother to reassess what happened and are now set to fuck up even worse than in 2016.

First off running, Joe Biden who was a train wreck to begin with, but continues to show WHY he is correct when he tells people to vote for the other guy. Biden lost the election when he told the UAW Worker in Detroit he didn’t need an assault rifle among other things, but it gets us to.

The Riots, while the Dems would like to pin everything on Trump. The “Trump is Bad” strategy was a loser in 2016: it’s even worse in 2020. Toss in the riots happened in Democratically controlled areas for the most part. Nixon won as the law and order candidate in 1968. Trump will win because the Dems are the party of disorganisation.

The fall out from the riots. Loads of people bought guns. Assault rifles vanished from the marketplace both brick and mortar as well as internet. Gun control, firearms regulation, gun violence prevention, or whatever you want to call it is going to be a dead letter for some time as armed bands troop around left and right: literally.

Let’s add in the talk of defunding or disbanding the police, which is one of the worst imaginable cases of branding an idea that anyone could have come up with at this time. Armed groups from all sides of the political spectrum are walking the streets: what could go wrong here? Police reorganisation might have made more sense.

But it doesn’t matter since Biden has made it clear that he’s not on board.

Let’s not forget the Covid-19 thing, which was another disaster. It was something that pointed out the need to “medicare for all”, universal basic income, or just good leadership.

In fact, the past few months have been an advertisement for why the Democrats are on the wrong track and running the wrong candidate. But I am not expecting much change. Especially when the candidate who is running is one who really isn’t going to change a thing.

Casey Jones is driving the train full speed ahead high on cocaine, And there might even be speed involved.

 

Go ahead, scumbag, make my day.

I’ve found that lower receiver assemblies can be bought in all sorts of interesting designs. Or if you get a blank, you can have it custom engraved.

The reason I titled this what I did is that some non-full auto receivers are marked with an, inactive, full-auto choice.

Not sure I want to have that if I get stopped by the cops. Sure, it can be disproven, but still why risk it?

I almost bought an AR Part II!

Well, we are being treated to an even BIGGER turn out to protest. Toss in that there is a threat of explosions at least at Philadelphia’s demonstrations.

And I went down to the demonstration
To get my fair share of abuse
Singing, “We’re gonna vent our frustration
If we don’t we’re gonna blow a fifty-amp fuse”

Anyway, the gun people should be laughing their asses off that the do-gooders are doing one of the best jobs to pump up gun sales. A few months back, it looked like there was a saturated market in Assault Rifles. Now demand for the suckers has driven up the price better than the executive order of 1989! Although Assault rifles and firearms tend to have a high rate of price fluctuation depending on the political climate.

That said, I did have a few options if I didn’t want to wait in a long line only to be disappointed at the slim pickings; even in the high end department.

Ghost or parts guns. Which is kind of a big category since you can have a parts gun from a upper receiver from one company and a lower from another. There are some SIG516 uppers out there which now are in the four figure range, after a period when Sig was practically giving them away (about US$450 range). Stick that on a lower receiver, Such as Palmetto State Armoury, which is a reasonable price. It has a serial number which means it isn’t a real “ghost gun”.

The other advantage is that putting together a complete upper from one company and a complete lower from another is still like putting together an assembled firearm. Unlike a ghost gun which is a bunch of parts and sound like way more work than I want to be bothered with. Toss in that I wouldn’t trust a gun I built from scratch since I’m not a trained gunsmith. Any “advantages” to a “ghost gun” are far outweighed by the possibility of it blowing up in my face.

Bottom line, I would buy an H&K MR556 or a SIG516 right now, but it is real hard to do.

Once again, the market place helps to control firearms.

I almost bought an AR.

I guess the H&K MR556 or SIG516 are AR-15 variants.

So, number one deterrent was price. The SIG is the less expensive of the two, but still in the four figure range. We are talking a price of US$ 1400+. Ouch. Toss in that I am leaning toward the H&K compared to the Sig.

And that’s the price if you can find one.

Assault Rifles and guns in general are a hot commodity these days. For good reason given the chaos of the past week. Some people have seen it on TV. Other people have lived it.

And people want to protect themselves. And what better way than with a weapon that was designed for the battlefield and proven in mass shootings across the country. Las Vegas was a good advertisement. The chaos of the past week are the perfect advertisement for a weapon like this.

I may not like it, but it is hard to say that people shouldn’t be able to own these weapons when the cities are under siege. That makes me different from a lot of people on the left, but I am also much more pragmatic than a lot of people on the left.FireShot Capture 012 - Why are some US police forces equipped like military units_ - World n_ - www.theguardian.com

Those are the ones who are moaning about the militarisation of the police, like this article in the Guardian. But it misses something that this post is pointing out. Civilians can buy the 5.56 Assault Rifle with no problem. Shouldn’t the cops be as well armed as the civilians if they are going to keep the peace?

Toss in there is a movement to defund the police:

Defunding, said activist Jeralynn Blueford, is the logical response from leaders in this moment of unprecedented unrest. “If police had been serious about reform and policy change, then guess what? People would not be this angry.”

What The Fuck? Serious What the Fuck?

3d25106b37We have seen chaos and looting in US cities over the past week. Gun stores have lines that wrap around the block as people scramble to buy weapons to defend their homes.

While I support keeping guns out of the hands of people like criminals and the looters, it is thoroughly insane to prevent the law abiding to their safety. And for the most part I am sceptical of firearms for home defence, I can get why some people would want them.

It’s the image in this Tommy Gun ad from the days when they were freely available.  The ability to protect your home against marauding bands of evil doers.

And the do gooders (I can’t really say the left since there are some of us who get what needs to be done) who would defund the police and try to make assault rifles illegal. The argument that “no one needs one of these in a civilian world” rings hollow these days.

The chaos of the past week ISN’T the civilian world and toleration of those who are destroying US cities is wrong. It’s turning the “silence is consent” argument back at them. Even worse, it’s not silence, but outright appeasement.

Black Lives Matters lost any relevance the moment the fires and violence broke out. They could have salvaged their effort if they stood down and denounced the violence. But allowing violence on either side is wrong.

I don’t really like that I have to accept that assault rifles are an undeniable fact of US life, but there needs to be some feeling of safety and security until people stand down: especially the rioters and looters. Violence isn’t the answer. Especially if you are not the body authorised by law to keep the peace. Breaking the law really isn’t the answer.

There are options other than violence and chaos, however, there is a misguided belief that is what is necessary. That is costing the Black Lives Matters its legitimacy even amongst the people it claims to represent.

Because the people buying guns aren’t just white.

Reality versus gun rights

It’s really fun watching people defend the rioters and looters in the current situation. I’m going to use Pennsylvania law, but there is Title 18, Article F, Chapter 55: Riot, Disorderly Conduct and Related Offenses, which means that the destruction and looting caused by the rioters is illegal.

No ifs, ands, or buts about it.

Trashing stores and stealing the contents is not a political act, but a criminal one.

Let’s add in that not only is it a criminal act, but it is actual violence. As I said to one person being able to understand the rioters would also mean that you understand why people are protesting the Covid-19 lockdowns with guns. As they say, they may not agree with the method, but they understand the frustration.

Actually, I find the armed protesters less of a threat than I do an out of control mob who are actually engaged in violent acts. Arson is a major cause of loss of life and injury in commercial properties. Strangely, the people who somehow find that the rioting and looting are justified have an issue with people exercising their right to self-defence.

Rioting, looting, arson, and the other illegal acts mentioned in Title 18, the crimes code, and specifically Title 18, Article F, Chapter 55, are just that crimes and illegal. On the other hand someone does have the right to self-defence if they have a reasonable belief that are in danger of death or serious bodily injury. Which happens to be a very real threat if you are in the sights of rioters.

One person said, “couldn’t you get out of their way, or leave town?” Is that a fair question if you get the lockdown order and AREN’T allowed to leave? Someone in that situation is pretty much stuck.

Which gets to the gun rights type’s question: “shouldn’t the person be allowed to defend themselves?” To which “Fuck, yeah!” seems to be the most sensible answer. And if the best weapon happens to be something semi-auto that can accept a large capacity magazine: then they should indeed be allowed to have such a weapon.

Which is why I titled this the way I did.

The person who somehow feels that the violence is “justified” or “understandable” should also be able to accept that people have a right to protect themselves. And the right which is lawful is the one of self-protection.

Not rioting.

Or as Donald Trump said: “when the looting starts, the shooting starts.

While I don’t like Trump or the underlying events which led to the protests, the movement to violence has changed the game to a no win situation. And the people who are going to be the big losers are the ones the protests were supposed to help.

Likewise, I have made it clear that I don’t support “gun rights” or believe it to be a real thing, but if people are going to condone violence, then they need to accept that the cycle of violence will continue.

And isn’t ending the violence what the protests were trying to do?

You can condemn the violence, yet still support the underlying cause. If anything, it makes far more sense to condemn the violence instead of allowing the cycle of violence to keep rolling on.

Originalism and the Second Amendment

This is all very simple since according to people who claim to believe in Originalism, “Constitutional interpretation should remain anchored in the original meaning of the Constitution’s text, which is the source of the Court’s authority and legitimacy.” Using that definition:

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 text of the Second Amendment begins with “A well regulated Militia” which is “necessary to the security of a free State“. The language of the text does not mention Self-defence, hunting, target practise, or any other non-militia uses. It is a well established rule or statutory interpretation that inclusio unius est exclusio alterius  which means  that ‘including one excludes another’. The example given where I found this was the statement ‘no dogs allowed’ under this rule would mean that panthers were allowed.

Likewise, the fact that the Militia is specifically referenced would lead one to conclude that this text addresses the militia, but does not cover uses other than the militia.

Likewise, a search of the US Constitution shows that it addresses the militia, but personal defence is not addressed. Likewise, the preamble of the text makes it clear that one of the reasons for adopting the Constitution is to deal with matters of the common defence. However, there are people who claim to follow originalism who are willing to ignore the actual text of the Constitution to advance their beliefs.

The actual wording of the Constitution makes it clear that the Militia and Common defence are covered, but personal uses of weapons aren’t.  I am not going to get into the grammar of the Second Amendment since that isn’t really germane if one is going solely upon the text. Anyway, Dennis Baron addresses that issue in his amicus brief to the Heller decision and this essay where he demonstrates that the founders would indeed have seen this as only relating to the militia.

Reading the Second Amendment as a statement in which every word counts follows from the opinion articulated by Chief Justice John Marshall: “It cannot be presumed that any clause in the constitution is intended to be without effect” (Marbury v. Madison, 1803). But even without that landmark ruling, it would have been clear to 18 th -century readers that the first part of the Second Amendment was bound to the second part in a cause-and- effect relationship, that the right to bear arms was tied by the framers directly to the need for a well-regulated militia.

The Second Amendment was pretty much considered settled case law which was thrown into disarray by Heller and McDonald. US v. Cruikshank, 92 U.S. 542 (1875) wasn’t very helpful since it addressed private action, but Presser v. Illinois, 116 U.S. 252 (1886) and US v. Miller, 307 U.S. 174 (1939) both made it clear that the Second Amendment related to the Militia. Miller is usually not properly represented in recent “Second Amendment Scholarship” and totally ignored in the Heller and McDonald decisions because it is “not helpful”.

Indeed, it is not helpful to the recent decisions which were ultra vires because they amended the Constitution to add a new meaning to the Second Amendment, as this essay demonstrated. I would also add that Justice William O. Douglas addressed Miller and glossed it in his dissent in Adams v. Williams, 407 U.S 143, 150 -51 (1972) , which somehow is omitted in lists of SCOTUS cases mentioning the Second Amendment. Which is too bad since Justice Douglas was a member of the Supreme Court when Miller was decided, which makes him a very good source for how that case should be read.

Justice Douglas pointed out that in Second Amendment jurisprudence:

The leading case is United States v. Miller, 307 U.S. 174, upholding a federal law making criminal the shipment in interstate commerce of a sawed-off shotgun. The law was upheld, there being no evidence that a sawed-off shotgun had “some reasonable relationship to the preservation or efficiency of a well regulated militia.” Id., at 178. The Second Amendment, it was held, “must be interpreted and applied” with the view of maintaining a “militia.”
“The Militia which the States were expected to maintain and train is set in contrast with Troops which they were forbidden to keep without the consent of Congress. The sentiment of the time strongly disfavored standing armies; the common view was that adequate defense of country and laws could be secured through the Militia – civilians primarily, soldiers on occasion.” Id., at 178-179.

The Heller and McDonald decisions are examples of Judges failing to follow the rule of law, precedent, and their claimed theory of judicial interpretation. As I pointed out, those two decisions are ultra vires and should be ignored, which is easy since they are incredibly limited in their scope. But even then, some daring justice should show that the emperor has no clothes in these decisions.

Anyway, one doesn’t need to go far if you believe that the text of the Constitution is determining in how to interpret the Second Amendment that it only applies to the militia. It is quite obvious that the Second Amendment relates to the militia from the text. But the Heller and McDonald decisions made it clear that the text was optional, which means that Originalism is a nonsensical school of constitutional interpretation.

Gun Control Irony

Yeah, yeah. I try not to post this stuff on my blog, but this one is pretty important.  It was posted on Penigma, but I want my other post to get a few more views before this shows up again on that blog.

On the other hand, this needs to get out there.  That said:

It would be really ironic if instead of all the mass shootings the US has suffered (my condolences to the victims and their families of those), that the incident that caused people to realise the US needs gun control is an out of control suburban mother fighting over a notebook in a suburban Wal-Mart.

No, pulling a gun in this situation is not self-defence by any stretch of the imagination.  No one was fearing death or serious bodily injury which would justify even the threat of deadly force.

The woman pulling the gun is committing Felony Assault under Michigan law, Section 750.82.

The offense of Assault with a Deadly Weapon (ADW), is also known as Felonious Assault in Michigan. ADW is felony which is punishable by up to 4 years in prison. ADW is a crime which involves an assault with a deadly weapon (such as a gun or knife) or any other instrumentality which is fashioned or used as a weapon (car, club, bottle) which is capable of inflicting serious bodily injury or death. A criminal charge or conviction does not require actual physical contact or an injury. The offense is considered complete upon placing another in fear of an assault by a person who possesses a deadly weapon

Michigan law requires that the defendant “must have honestly and reasonably believed that he or she was in danger of being killed, seriously injured or sexually assaulted” in order to use deadly force.  Additionally, the defendant “may only use as much force as he or she thinks is necessary at the time to protect himself or herself.”

While a person may believe he or she had acted in self-defense, the police, prosecutor, judge and jury may disagree.

No shots need to be fired for her to be found guilty.

I’m not sure how the “pro-gun” crowd can defend this action.  I know responsible gun owners don’t, but it’s time they stepped up to the plate and admitted this shit happens too often with the relaxing of concealed carry law for it to be condoned.

It’s time to give Presser v Illinois, 116 U.S. 252, 6 S.Ct. 580, 29 L.Ed. 615 (1886) yet another plug.

One of the many failings of the Heller-McDonald bullshit is that those cases were not cases of first impression, but that post is coming in the future.

See also:

What Does Brandishing Mean? And Why You Should Never Do It…

Market Forces for Change

Or as Lenin is supposed to have said, “When we hang the capitalists, they will have sold us the rope.”

One of the things the right and Libertarians like to push is the free market system, which they don’t really like. They like it as long as they can control the rules making it into a game of Monopoly: where they win.

On the other hand, they run scared when their market share is threatened.

The real problem is that there isn’t really a “free market system” out there.  Governmental decisions can act as market forces even if they aren’t set forth as being economically based. For example, building highways rather than public transportation has effected US society in ways which have been detrimental to its interests (or “Detroit: the city that committed suicide by favouring one industry with a very limited lifespan”).

The reason I tossed gun control in here is if the trend for fewer people to want to own guns keeps up, we will have de facto gun control.  The NRA can loosen up laws all it wants, but that may end up backfiring for it as people begin to realise that there was a reason the NRA blocked the research showing gun ownership was detrimental.

The right can continue to try to use emotion to sway people to vote against their interests, but that cannot go on for very long once people realise they have been had. Once that happens not only will people’s economic decisions change, but so will their voting decisions.

I’m feeling left out of the fun…

Sort of.

Mike the Gun Guy and Amanda Gailey are getting loads of attention from the NRA these days.  I no longer post at the MikeB blog as well, which means most of my activities are on social media: where I am very active.

And very effective.

So, fuck the Bollocks Circle Jerk–they don’t really test their bullshit and probably should change their name to that (Bollocks Circle Jerk) just for honesty’s sake.  Bollocks my dog probably has been in more courtrooms than he has.

I’ve been saying all along that the pro-gun side is based on science fiction (literally). “An armed society is a polite society” comes from Robert Heinlein’s “Beyond This Horizon”. If you are unaware, this is a novel where duels may easily occur when someone feels that they have been wronged or insulted that is attributed as a custom that keeps order and politeness.

We have seen where the other arguments are based on misquotations and fake history.  I’ve long wanted to rip apart the revisionist history of the Second Amendment, but I now know that someone else will do that for me using the material I have provided.

But, that was one of the purposes of this blog.

I won’t even bother with John Lott and the Bullshit serious overestimate of DGUs.  Where the fuck are the heroes with guns when the daily mass shootings happen?

People carrying weapons in public is not a right (Presser v. Illinois, 116 U.S. 252 (1886), Robertson v. Baldwin,165 U.S. 275 (1897) at 282 [1], and DC V Heller, 554 U.S. 570, (2008)[2]). Heller mentions Rawle, which says:

This right ought not, however, in any government, to be abused to the disturbance of the public peace.
An assemblage of persons with arms, for an unlawful purpose, is an indictable offence, and even the carrying of arms abroad by a single individual, attended with circumstances giving just reason to fear that he purposes to make an unlawful use of them, would be sufficient cause to require him to give surety of the peace. If he refused he would be liable to imprisonment.

The ultimate argument against open carry and guns everywhere are the Colorado Springs 911 calls relating to the mass shooting.Open carry comment at 2:49 of first call.

https://soundcloud.com/allison-sylte/sets/911-calls-for-colorado-springs-shooting-that-killed-3

Do you know how bizarre your gun free zone arguments sound when a 911 operator gives a mass shooter a pass because he had a right to walk around with a gun?

 The funny thing is you people don’t realise how stupid you sound with your silly arguments that are so obviously false: especially if one is willing to make the effort to fact check them.

Anyway,  It’s time that the debate began to be based on facts, not bullshit.  Congress needs to repeal the research ban on gun violence (come on, people, can’t you admit that your bullshit doesn’t survive scrutiny?). [3]

Additionally, it’s time the Supreme Court owned up that the Second Amendment has fallen victim to desuetude. It would be a truly conservative act to make that admission.  Here is Justice Robert Bork (The Tempting of America (1990)) on this issue:

“There is a problem with laws (which are not enforced). They are kept in the code books as precatory statements, affirmations of moral principle. It is quite arguable that this is an improper use of law, most particularly of criminal law, that statutes should not be on the books if no one intends to enforce them. It has been suggested that if anyone tried to enforce a law that had moldered in disuse for many years, the statute should be declared void by reason of desuetude or that the defendant should go free because the law had not provided fair warning.”

The Second Amendment was obsolete when it was written. Joseph Story pointed that out in 1833:

And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burthens, to be rid of all regulations. How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.[4]

The problem is that the protection intended is no longer needed.

And trying to somehow “modernise” it has met with resounding failure.

This is a matter of public safety, not something that should be a subject for political machinations, which is the real perversion of the Second Amendment.

Anyway, I am being the resource I want to be and people I respect pay attention to what I say.  The ultimate thing is that the facts are getting out despite the attempts to silence us.

As for Mike the Gun Guy and Amanda Gailey, they couldn’t give a shit about your opinions either.  In fact, they have been laughing at you.

And I also don’t value your opinions.

I wish more people would ignore you.

footnotes:

[1]  “the right of the people to keep and bear arms (Art. II) is not infringed by laws prohibiting the carrying of concealed weapons”–Robertson v. Baldwin,165 U.S. 275 (1897) at 282
[2]

Heller:

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. See, e.g., Sheldon, in 5 Blume 346; Rawle 123; Pomeroy 152–153; Abbott 333. For example, the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. See, e.g., State v. Chandler, 5 La. Ann., at 489–490; Nunn v. State, 1 Ga., at 251; see generally 2 Kent *340, n. 2; The American Students’ Blackstone 84, n. 11 (G. Chase ed. 1884). Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

Which has as a footnote (26):

We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.

[3]  yeah. yeah.  I know you want to barrage me with your bullshit, but that’s all asked and answered.  Besides, I’m not out to persuade you of anything–I already know you are someone who doesn’t think. If you really want to have a response from me, go read this.  It’s generic, but it makes the point.

[4] Joseph Story, Commentaries on the Constitution 3:§1890 (1833). See also, Adam Smith, Wealth of Nations, Book V, Chapter I, Of the Expences of the Sovereign or Commonwealth, PART I Of the Expence of Defence particularly v.1.26-7.

The Physics Of Mass Killing

Excellent article on how firearms technology enables mass killing which takes it beyond the “cosmetic features” talk.  I strongly suggest that anyone involved in this issue read this article.

The Physics Of Mass Killing.

One trivial criticism the P228 comes with a 13 round magazine, but accepts larger.

The Last Hand Gun On Earth

Take an old movie serial, add a new voice over by the Firesign Theatre and you have some very funny stuff.  In this case, the gun loon’s nightmare: Big Brother’s henchmen come for the last handgun on earth.

“To think people used to sleep with these things under their pillows.”

Prof. Simon Chapman’s Over Our Dead Bodies: Port Arthur and the Fight for Gun Control – Australia’s last gun massacre is now a free E-book

Prof. Simon Chapman’s Over Our Dead Bodies: Port Arthur and the Fight for Gun Control – Australia’s last gun massacre is now a free E-book and available at the following link:

http://bit.ly/YZtHQ2

I strongly suggest that anyone who is involved in the US gun violence/gun control movement read this book.  Australia’s political climate surrounding this issue at the time of the Port Arthur Massacre was eerily similar to that of the US, yet the Australians were able to cut through the non-sense and enact serious and effective gun control laws.

This is a valuable lesson for people who want to see similar laws in the US.

This book is really about the workings of the media, the use of lobbying, and the skills of advocacy. So pick a day when you are tired of dealing with the aftermath of ignored public health issues and read this ripping yarn, arm yourself with the tools it offers, and be ready to go into battle.