Posts Tagged ‘2nd amendment’

Let’s Put A Tired Argument To Sleep…
by Guardian

I recently got into a brief discussion on the topic of firearms with a friend of mine. It involves the use of an old argument about gun owners and gun rights advocates being paranoid, overzealous nuts who think the whole world is in on an imagined conspiracy to forcibly confiscate all their guns. Many of you are probably already cracking a sardonic smile or rolling your eyes in exasperation at this. I know, because I was equally surprised and exasperated to see it being used, and found that a lot of the things this argument represented were deeply offensive, and that was part of what fueled this passionate discussion…

The backstory is straightforward enough. I posted this video to one of my social media accounts.

A casual friend of mine responded to it with this bit of wisdom from John Stewart.

I was surprised to see that this is still an argument/angle being used by the gun-control advocates. I thought the discourse had long since moved past such circular nonsense; but there it was for everyone to see. I didn’t respond right away, and after thinking for a moment I realized that there were a lot of things that were fundamentally offensive and flat out wrong about this approach to the debate on gun rights. That’s the real debate, not the one on TV wherein the media openly salivates over potential legislative repercussions to tragedies and certain commentators spend the ensuing weeks bullying and harassing guests.

My first reaction was that it is ironic that he should post this quote from Stewart when the video I had just posted shows that many people (or at least likely voters) would clearly be willing to support, or at least not oppose all kinds of atrocious things being done to gun owners; the very things that Stewart is mockingly dismissing. My initial response to my friend was to say that it is easy for modern day jesters like Stewart to point at people who are concerned over the very real erosion of our Second Amendment rights, and make fun of them, but as usual, he has nothing of any real substance to say. On this I was immediately challenged. My friend asked me to demonstrate that there is, in fact, a concerted effort to erode the Second Amendment. I thought briefly about the endless things I could go into, but opted for a shorter, pointed response; this clip from an interview with Senator Dianne Feinstein sprang to mind.

It was dismissed right away by my friend as being slightly dated (20 years old) and therefore irrelevant. I replied that I fail to see how this video of her is irrelevant, unless Feinstein no longer holds office in the US Senate? Or has her position changed, do you think? Her stated intent is pretty clear, and there are certainly others who would have openly supported such a measure both at the time of the interview and today. Nevertheless, my friend demanded I provide some other source for my paranoid delusions. I decided to dip into recent, local legislation and from there I got a little carried away.

We just passed a law in California that created a fast lane for people to have their guns confiscated. Just about anyone can say you’re unstable or want to hurt people, and can have a court order issued for a temporary seizure of all your guns. All of them. Confiscated. As in, the police literally search your home and take away all of your guns and ammunition and they get to keep them for a period of three weeks while they determine if you’re guilty of being unstable. What if you live in a bad neighborhood with a lot of break-ins? What if you have a stalker? What if you depend on your rifle/pistol to put food on the table and/or pay your bills? What if you have a psychotic ex-boyfriend who abused you? That really doesn’t matter to the court because they can now accept hearsay as a justification for disarming you. It’s not just flying in the face of multiple constitutional amendments, but it flies in the face of a fundamental principle of individual liberty: innocent until proven guilty.

Those of you that take a moderate stance or even a decidedly anti-gun stance: surely you wouldn’t like to see the government start creating categories of second class citizens…but maybe you think there are people who should have just a little bit fewer rights than the rest of us. The problem, as I see it, is that it reduces the rights of gun owners to a fair, due process. Police already have the authority to confiscate guns in the case that they receive reliable information about a person with problems. They can also already put people on a 72 hour psychiatric evaluation if they think they are a threat to others. This law isn’t going to make us any safer; it’s just going to be a thing that gets abused by divorce lawyers or crazed ex-boyfriends/girlfriends.

It’s a non-solution to a non-problem created by gun control advocates in the aftermath of that killing spree of the young man in Southern California at UC Santa Barbara. The police were told many times that he was a threat, had serious problems, and was armed, and they failed to act. It’s easier for the government to say “we need more power,” rather than to admit you screwed up and didn’t act. It was a knee-jerk reaction to a situation where our existing process just didn’t respond. Let’s also not forget that he didn’t just use guns to kill people in that spree; he used a car and (I think) a knife to kill/maim people. My point is that, even if we had all the gun control in the world and he was identified and disarmed long ago, that wouldn’t have magically prevented him from killing a bunch of people. In fact, he may have chosen to express his psychosis in other ways such as bombing or serial killing, and both have the potential to take far more lives than an isolated mass shooting.

At this point I was fired up, offended that my friend had not simply unthinkingly passed along a bit of nonsense from a popular funnyman, but had actually doubled down on what I had believed to be a dead argument, so I went further….

Screen-Shot-2014-10-16-at-7.49.02-AMA couple of towns in New York just got ousted for asking pistol permit applicants log into their Facebook pages and let a police officer poke around and make notes to send to the court. Later on, it came to light that they were also asking applicants to reactivate their Facebook pages if they had been deactivated for any reason (update). If it were anything else, like getting a permit to hold a small public rally, there would likely be national outrage at such an intrusion of privacy. Pundits would be lined up to talk about the overreach of government. Can you imagine if it had been instituted for a marriage license? What if it were an office in a courthouse of a state that prohibits gay marriage, and the officer just wanted to take a peek at what you’ve been up to on your social media. Now, I’m sure many of you are responding to this notion with a sentiment along the lines of,“well guns and marriage are not the same thing at all!” Just think about it for a minute. If we empower the government to take a look into the private lives and thoughts of people for one thing, then that power can certainly be given to them for another thing, or just abused in general. The recent scandal with the IRS targeting political groups comes readily to mind. Democrats and Republicans had a rare moment of agreement on that. If the IRS was abusing its power to regulate conservative non-profit groups, then it could certainly be done for left-wing groups as well.

We should also never forget that guns were needlessly, forcibly confiscated from people (without even getting receipts) on a massive scale in the aftermath of hurricane Katrina. People who had done nothing wrong. To this day, many, if not most of those people still have not had their guns returned. There gunconfiscationwas a silver lining in that it prompted a major backlash that led many states to pass laws expressly forbidding the confiscation of guns in the event of natural disasters and emergencies, but other states have not done so and it could easily happen again under the right circumstances. Additionally, when California passed its own assault weapons ban, there were a few different kinds of guns that people were told they didn’t have to register. Sometime later on the state decided to retroactively classify them as assault weapons and demand they be either registered, turned over to police, or sold out of state. Not sure which specifically, but it was well documented and you can look it up at your leisure.

Even our earliest federal gun control laws are pretty clearly antiquated and served no real purpose other than to generate revenue and punish gun owners. Just look at anything from the 1934 National Firearms Act. We can have shotguns with barrels that are 18″ in length or longer, but if you get or make a barrel shorter than that, it’s a felony worth up to 10 years in prison and up to $250,000 in fines, unless you paid a special ($200!!) tax on it (do some quick inflation math on that and you’ll realize that $200 in 1934 was the equivalent of over $3000 today), did some paperwork, and waited a few months. How is that keeping us any safer? How is that anything other than a way to jerk gun owners around and trip them up, turning them into criminals? The NFA ‘34 also regulated machine guns. Here is a homework assignment for you readers; go and look up how many crimes have been committed with legally registered machine guns since 1934. And how many of those were violent? The regulation of machine guns has certainly put a dent in gun cri….oh wait. Nevermind.

At this point, my friend got a bit flustered with the novels I was pouring into the Facebook comments in response to his prompt. He said, quote, “So your saying there should be no gun regulation? I want a missile launcher. It’s basically a gun….” I have had many debates with anti-gun people and I have long since adopted a policy not to let myself get dragged into nonsense like this. I take comments like the above as a signal that they would like the rational, civil discussion to end, but at this point, another one of my friends (someone who is not opposed to gun rights but rarely has time to hear independent thought on the topic) had joined the discussion and I decided to make one last salient point for her benefit…

Did you know that it’s more than just a popular mantra when gun rights activists say things like ‘gun laws don’t work on criminals’. Screen Shot 2014-11-05 at 11.52.03 AMRegistration, permits, licenses and background checks only apply to you if you’re not a criminal already. What? That probably doesn’t make sense to many of you. I found out that, for my friend, someone who is admittedly not very focused on firearms as a matter of politics and law, it was also quite a revelation. Let me explain:

The Supreme Court ruled a long time ago that convicted felons, or anyone prohibited from possessing firearms, can’t be tried or convicted of violating any of these various gun control schemes because it would constitute a violation of their Fifth Amendment rights. Even if you are a convicted criminal, you still enjoy many rights in this country and one of those is that you cannot be compelled to testify against yourself. Haynes, in his lawsuit, successfully argued that being prosecuted for failing to register his illegally possessed firearm would violate his Fifth Amendment rights. Look for yourself: Haynes v. United States

This Supreme Court case from 50 years ago continues to block prosecution of federal (and state-level) gun crimes. Now I should clarify that this case doesn’t mean criminals are off the hook. They can still be tried and convicted of being a felon in possession of a firearm, but the point here is that, as you can see, by definition, these laws are only punishing those who were not criminals in the first place. Another name for those people would be law-abiding citizens.

I hope that many of you now see how it is not a paranoid delusion that there are many people who want to use government authority to punish gun owners in various ways, up to and including outright confiscation, and in some cases has actually led to a degree of protection for the criminal elements who take up arms. I am happy to debate people all day long on what should be done about gun violence in our society, but please, it’s deceptive and insulting to my intelligence when people try to suggest that my concern over real efforts to erode my rights is somehow borne out of paranoid delusion. I hope I have adequately shown you all how tired this argument is and that it can safely be put to sleep.

©RepublicUnited 2014


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California is well known for its wonderful weather, ocean coastline, fantastic high sierras, wine, culture and progressive views about society, life and government.  But it seems that California also has a bad history with police abuse.

The nation all watched the beating of Rodney King on March 3, 1991.  Then the subsequent riots after four officers were acquitted of all charges.  Watch the beating caught on tape by a bystander with a video camera.

Well we now have yet another California police involved abuse of power, but this time it has resulted in thePolice State  death of a man, David Sal Silva in Bakersfield California.   Now there were two videos taken by bystanders.  I’d like to show you those videos, but apparently these were taken by the very police who allegedly beat this man to death.  Here is the 911 call by one of the bystanders names Sulina.

A second witness named Jason Land also gave a similar account of what he saw, saying “They beat that man ‘til they killed him, right in front my face.”  It seems that more and more Police overstep their authority and step on Citizen’s constitutional rights.   Below is a short list of cases and links;

Cotati Police force into a home

Sacramento California police remove child without a warrant

In the meantime, it’s not just the police we should be worried about, we are watching nearly daily abuse of IRS Abusepower across all levels of government.  The IRS using its power to deny TeaParty, Christian and other right leaning groups not for profit status and requesting information about the members in violation of the 1st Amendment.  The DOJ has seized two months of Associated Press and House member records, with what seems to be done without proper warrant, Grand Jury or FBI defined search powers for “terrorist” activities.

I am concerned as to the loss of liberty and rights as citizens in the USA.  We see first hand the desire of the progressives in this State and in Nation to want to disarm the citizens of our 2nd Amendment right.  But the worry is, once good citizens are disarmed, then only the criminals and police will have guns and sometimes we see that the police are often criminals too.

Who is assigned to watch the watchers?  It seems the press is even now under attack of their 1st Amendment rights, which is the citizenry’s protection from government abuses.  We must stand up and call out these abuses of power, even the ever so slight abuses.  For if we allow even the slightest, it leads to apathy and acceptance of further abuses and erosion of our constitutional rights.


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A few days ago was President Obama’s “State of the Nation” update to Congress and America.  While I actually liked many of the ideas expressed, I did wonder where the money is going to come from.  But this isn’t why I’m writing this.  One area that I completely disagree with is the President’s and other members in Government is their push to violate our 2nd Amendment rights. Maybe refer to my earlier post “shall not be infringed” for some context.

I was glad to learn that Olympic Arms, located in Washington State, have put New York on notice and are refusing to do business "shall not be infringed"with the state of NY and all associated government agencies.  They are standing in defiance with the unlawful enactment of gun control in New York.  They demand a repeal and apology.  Ok, so I guess NY will purchase from Remington or the many other gun makers.  Unless, maybe just maybe, these others refuse to do business with New York as well.  It’s time to stand up too.  It seems that another such arms company is refusing to sell, this is from Extreme Firepower Inc “…will not sell anything to the following local government agencies until their firearm and/or magazine restrictions have been repealed:
City of Chicago, Illinois
 New York State 
Washington, D.C.”  Extreme issued a similar statement for California “until the California legislature repeals the gun control laws that have been enacted, as these entities have lobbied in favor of statewide gun bans.”

Wait, how come I’m not seeing this on the mainstream news?  It is news that a company refuses to do business with the government of some of the largest populated states isn’t it?



So I looked a bit more into what’s going on with Olympic and Extreme Firepower, as if loosing government business could Blue-Book-Market-Demandharm a company especially in this economy.  Well much to my surprise Olympic has had such high demand they are 8-10 months in backlog on orders! That’s huge!  That’s a deeper backlog than Apple typically has on its hottest products.  So this made me wonder how are other gun manufacturers doing?  Extreme Firepower has many of it’s product in 6 to 8 month backlog as well and are refusing to take new orders until then.  Well from my cursory search, it looks like gun shops and manufacturers are in high demand.  This began before the November elections and has picked up with all the politics about gun control.

Are our politicians actually making things worse by getting the populace in a buying frenzy?  It seems they have been gearing up the gun market and more and more guns are now in the public and some might be with individuals whom only purchased because of all the discussion on banning or restrictions?  We have now flooded the country with weapons.  Good job politicians!

What does the government think we are going to do turn in our guns?  Missouri and Minnesota have proposed legislation including gun confiscation?  Are law abiding citizens now instantly criminals because unlawful regulation?  While there would be many out of fear that would comply, I believe a very large group would never turn in their guns. It’s called FREEDOM, and the USA having history of sacrifice resistance against tyranny makes this like no other nation on earth.  The USA according to Reuters has the largest armed civilian population in the world. Is the government foolish enough to send groups against its own in order to confiscate? Would the troops comply against brother or sister?  Is this like the civil war?  Would a government that claim that guns are the reason people kill be reason to kill its own, with guns?  Hypocrisy maybe?

I for one will NOT turn in my guns, molon labe!


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When an entire sentence ends with the words “shall not be infringed”, you’d think that was pretty clear.  Apparently to some in our government it means maybe they should and can infringe.  Really?

What does “shall not be infringed” mean to you?

Now what is being infringed?  “A 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.”   This is the version which is ratified by the States and authenticated by Thomas Jefferson, Secretary of State.  There is secondary version which is ratified by Congress, it introduces a couple changes: “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.”  This calls out a “Militia” as a specific organization and separated that from “the people”, “shall not be infringed.”  Either way the right of the people shall not be infringed.

There continues to be an assault on our freedoms coming from those whom would insist that our constitution is outdated.  They insist that the 2nd Amendment is outdated and never intended for “assault” weapons.  Well I kinda beg to differ.  Those citizens of the new United States fighting England were acquiring and utilizing the bests “arms” of the time.  The guns, cannons and other weaponry of the time were brought into the battle by the citizenry, as the US was not a funded country, it was in rebellion.

There is much history to show that taking of weapons from the citizens leaving them defenseless and open for authoritarian control of liberty and freedom, making them slaves of the state or dictator in charge.

1911: Turkey disarmed its citizens, between 1915 – 1917 murdered 1.5 million Armenians.

1929: Russia disarmed its citizens, between 1929 – 1953 murdered 20 million Russians.

1935: China disarmed its citizens, between 1948 – 1952 murdered 20 million Chinese.

1938: Germany disarmed its citizens, between 1939 – 1945 murdered 16 million Jews.

1956: Cambodia disarmed its citizens, between 1975 – 1977 murdered 1 million Educated people.

1964: Guatemala disarmed its citizens, between 1964 – 1981 murdered 100,000 Mayan Indians.

1970: Uganda disarmed its citizens, between 1971 – 1979 murdered 300,000 Christians.

You have to ask yourself, who’s insisting on disarming the citizens?  What’s their motive?  To stop mass murder?

Well if we just look a the list above, we can see far more have been killed when its citizens are disarmed.  I wish we didn’t have sick individuals whom can’t control their behavior and kill others in our communities, but you have to ask yourself is it better we were defenseless all together?

©RepublicUnited 2013

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