1. society
2. unrest and war

Gun Violence and the Courts: How to overturn the 2nd Amendment
Smashwords edition Copyright 2014
By Brent Waterbury
Introduction
When a [.223 caliber round] hits the human body the effects are devastating. Gen. McChrystal,
Jan. 2013 1
This is an angry book. It isn't for the feint-hearted, the weak of mind or the squeamish. It is about
death, violence and moral outrage over some very grim statistics. It is about gun violence in
America, the 2nd Amendment and how to better protect ourselves from our personal arsenal of
270 million guns. It explains how the laws we currently have on the books are weak when it
comes to protecting us from criminals with guns. It explores how the 'more guns, less crime'
philosophy hasn't worked to our advantage. It delves into the Colonist history of how the 2nd
Amendment evolved and the later 14th Amendment which as you will read will oddly contradict
one another. I touch on landmark court cases which over time both negated and affirmed our
civil rights. Finally I touch on criminal psychology to the dangers of free-floating guns in our
society.
Lately I've noticed in the past year or so when I walk into a public place like a hospital or a
supermarket a stranger might eye me warily like, 'are you one of those guys carrying a gun? If
you are I'm prepared to run and call 911!' My thoughts on that are 'no, I'm not going to shoot
you...' But the public is jumpy now thanks to a few criminals, the gun lobby and a lack of
oversight and responsibility in Washington. But who can honestly blame them if they listen to
the news?
All Courts, lower/upper, both state and federal, have interpreted that Americans have the right to
own guns (depending on type). My overall argument however is if you're one of the 71,000
people victimized or murdered by guns every year then I believe your 1st/ 5th/14th Amendment
rights have been violated by our governments 2nd Amendment's "right to bear arms":
1st/5th and 14th Amendments:
To insure domestic tranquility, Congress shall make no law... which deprives the People of life
and liberty.
These amendments are in conflict with the 2nd Amendment which laws cannot do. As a new law
theory I believe this is unprecedented. Thankfully the great majority of gun owners are not
lawless and obey gun laws. But we see that guns are also bi-polar. They can be fun yet they can
be very evil. They protect cops but more often we read in the wrong irresponsible hands murder
the innocent and undeserving including our Presidents, civil rights leaders, the 1000's of random
murders and teens around the country like Trayvon Martin in addition to 1000's of suicides.
What good does society get from that?
Without being hysterical I believe that gun violence tears away at both the moral and civilized
fabric of civilized society, pulling it apart. And until the violence stops America will continue to
be criticized as a rather juvenile nation, unable and unwilling to come to grips with its own
problems.
A few gun facts:
Gun ownership globally: US ranks first, ahead of Yemen:
From an international perspective, the US clearly has a problem--despite having less than 5% of
the world's population, it has almost 50% of the world's civilian-owned guns. 2
Somewhat frightfully, 1 in 3 American's personally owns a gun and in 2012 the Freedom Group
sold 2 billion rounds of ammo! 3 During the last 11years of war in Afghanistan the death toll is
just over two thousand but in America during that time more than one hundred and seventy five
thousand people were murdered!
There have been 130 school shootings since Columbine and 25 mass shootings have occurred
since 2006. 5 In 2011, over 11,000 people were shot to death by a gun. Thankfully down about
40% over the past thirty years. 6 A good sign. But this still means that if all the victims were
laid end to end on a highway the line would stretch over 10 miles long. No less worse is that
60,000 were injured by guns, many seriously including paralysis and brain damage. And if these
injured were included this 'highway' it would be 70 miles long! And over the past ten years from
2003-2013 this 'highway of injury and death' in America would be over 700 miles long! This
should be unthinkable in a civilized society--if we are in fact 'civilized' like we think we are.
In 2011, there were also 19,000 suicides by guns and of those about 4000 were teens. 7 I
believe--although the somewhat immoral will disagree--that this was not the original history or
intent of the 2nd Amendment. And if we read the Declaration of Independence this is not the true
"freedom" as the Founding Fathers envisioned despite what the 'gun rights ' people advocate. 8
Criminals pop up overnight like mushrooms
As many know, the U.S. has the some of the highest rates of gun violence in the world. Which is
why Progressives and the Left would like to see all weapons put in a pile and burned. They're
sick of the needless violence... But the Right, the NRA and other gun lobby's don't buy this. To
take away their guns is to take away their "freedom"--the freedom of the 2nd Amendment. And if
that's taken away, what's other freedom might be next? This book helps explain all sides to the
equation.
One could easily make an argument that autos killed about 34,000 in 2012, so why don't we ban
cars also? Well for one car's are more practical and necessary and because most of those deaths
and injuries weren't intentional. But guns are an option not a necessity. I don't 'hop on my gun
and go to work'
But even with those numbers our government still looks for ways to lower those fatalities
through intervention and regulation. This is all I'm asking our government to do is to look for
ways to reduce the injuries and fatalities. On this topic being 'nice' or 'civilized' won't work
anymore...
The 2nd Amendment (1791)
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 is all the 2nd Amendment says and this book dives into detail on its origins and evolution.
The 5th Amendment (1791)
No person [citizen] shall be...deprived of life, liberty or property without due process of law.
The federal government can't make laws which deprive citizens of these rights. Chief Justice
Taft (1921-1930)
All I'm doing is subtracting the 5th Amendment from the 2nd...Later we get a sum.
The 14th Amendment (1868)
No state shall make or enforce any law which shall abridge [void] the privileges of citizens of the
U.S; nor shall any state deprive any person of life, liberty, or property without due process of
law.
If you're a victim of gun violence have your 14th Amendment rights been violated by the
government's 2nd Amendment? Are our state Constitutional laws liable for your injury?
A short history of the 2nd Amendment
The 2nd Amendment is madly ambiguous. Even today the Supreme Court has stubbornly
refused to weigh in its meaning. 9
Some American's might be familiar with the 2nd Amendment's history but many
if not most are not. In the Old World, it would have been unthinkable in to be without a weapon.
To the Colonists survival was a collective effort--not only against the Native Indians but later
against the King and the Redcoats.
1066-- Common Law Tradition and the Original Contract
This was English unwritten law based on common principles in the land. If you've ever read
"Robin Hood" then you know the story--the King as CEO protected his loyal subjects (peasants)
from the Robin Hoode's to which the King was bound to protect in return for their allegiance: 10
"to protect the community and each individual therein, from every degree of injurious violence,
by executing those laws which the people themselves have consented to".
These same laws were brought over to the Colonies.
1609-1614 English/Powhatan (Mohican) War
Prejudice locks the mind. Nothing can enter. Nothing can escape. 11
This was the first long war with the Native Indians over land which was guns against bow and
arrows. But of course guess who started it?
1621--the 1st Pilgrims
The first Pilgrims that came to America set up shop in and around Boston and were in a sense
gamblers--only they gambled with not only their lives but their families as well since about half
didn't live through the 2-3 month journey by ship. However once ashore they still considered
themselves "Englishmen": 12, 13
In 1620, 100 men, women and children landed in Cape Cod who called themselves "Saints" or
"First Comers". They were people exiled from England as religious extremists, which they were.
Their success and hard work helped inspire an entire new wave of immigrants known as the
Great Puritan migration. 14
The religiously fanatical Colonists, sincerely believing that new America was "God's New
Kingdom", took a nod from Joshua in the Old Testament where the Indians were the "heathens"
and over the next two hundred and fifty years eventually forced them off their lands. A big
reason for guns:
Probing the Indian's borders, the English continued to lead fragile, disordered lives in an
unfamiliar and dangerous environment. 15
1630's guns of the time
The colonists arrived in the New World keenly aware of their rights as freeborn Englishmen. In
1638, the colony of Maryland wanted to recognize the Mother country's Magna Carta [Great
Charter, Latin] as part of their Law. 15
Muzzle loading flintlock's 1600-1700's
The early settlers were cast in the sturdy English tradition of freedom. The land God gave them,
as they believed, was indeed a promised one. Joining the colonies militias was mandatory for
every male over 16--mainly to fight against the occasional Indian attack. 16
1640's New England
A 1643 law in the colony of Connecticut required men to carry guns to church in order to
"prevent or withstand such sudden assaults by Natives. While Massachusetts law (1645) required
all inhabitants are to have arms in their houses fit for service with powder and bullets. 17, 9
Not even John Wayne would carry a gun to church!
In 1644 as many as three hundred and fifty settlers by the James river were massacred by
warriors of a chieftain called Opechancanought. This led to large scale counter-attacks by
militias. Often casualties on both sides were heavy and every white family in New England was
involved. Without the militias the Indians could not have been held off. 18
1650's
There were 3 powers competing in the North East--the French, British and the Iroquois
Confederacy [Mohawks, etc.]. Inevitably Indian raids became ever more deadly as wars
intensified, creating a cycle of violence, death and retribution. 19
"King Phillips" War 1675-78
To the settlers [with their Biblical interpretations] the only good Indian was a dead one. 20
The Mohican leader Metacomet ("King Phillip") allied thousands of Natives against these new
Colonists as land losses and new diseases had decimated thousands of Natives. Around Boston
more than half towns were attacked by Native American warriors and over 600 colonial men,
women and children were killed. Also 12 colonial towns were totally destroyed with many more
damaged. Later, the Colonists got their revenge, massacred many and sold the survivors
into slavery. 21, 22
George lll
England's colonization had the best intellectual underpinnings in the world for this role. 23
Under George 3rd, (ruling 1760-1801) Britain was the strongest colonial
power in the world and its dominions stretched from the Mississippi to the Ganges River in India
to the equator. Except for Spanish Louisiana, the Union Jack flew over much of North America.
The British, now friends with the Indians, promised them that the Colonials wouldn't trespass
west of the Appalachian Mountains but they did anyway. This led the tribesmen in 1763 to band
together under Chief Pontiac for attacks on American forts from Niagara Falls to Detroit-roughly 800 miles. 24
1763
To the early Founding Fathers, England was still the 'moral ship':
"The liberty, the unalienable indefeasible rights of men, the honor and dignity of human nature,
the universal happiness of individuals [are inherent] in that excellent monument of human art,
the common law of England".
John Adams
What were they later fighting for then?
Frontier Grievances Letter, Pennsylvania, 1764
"During the present Indian War, the Frontiers [colonists] of this province have been repeatedly
attacked and ravaged by parties of the Indians, the Savage Heathen who have with the most
savage cruelty murdered men, women and children without distinction. We humbly request more
assistance from the Ft. Augusta [NY] army garrison, if it can be done". Matthew Smith/James
Gibson
Quite unfortunate for the Indians was the Colonist's swindling land out from under the
"heathens" with phony contracts, hence these type of letters. What this letter says is that there
were little organized militias to fend off the Indians while the Colonist's were left to fend for
themselves:
Eventually, the Colonist's won by sheer brutality. 25
1765 Stamp Act
Colonists and their assemblies objected to British Parliament's assumption that it had the right to
tax them even slightly--even though it helped pay for Redcoat soldiers to defend them. 26
1768
Under the Townsend duties the Revolutionaries found mobs to harass British customs officials.
27
1774 Quebec Act
This Act infuriated the Colonists who despised the Catholic Church:
One action that was resented by the 13 Colonies was the British recognizing the rights of the
Catholic Church in Canada. For many colonists, it was as though the King had sent the serpent
into Eden [the colonies] after them. They had come to the New World to get away from
Catholics. 28
1774 Britain's Massachusetts Government Act
After 150 years of local government the citizens were now deprived of their votes. The
"Patriot's", in actuality rebels, had seized all political authority outside of Boston. They made a
detailed list of weapons needed for war including round shot, mortars, powder, 5000 rifles and
bayonets: 29
The revolution [in Massachusetts] had overthrown the local British government without a shot
being fired. 30
First Continental Congress--1774
Settlers got tired of the oath of allegiance to the English Crown. 31
Fifty five members were chosen from the colonies to meet in Philadelphia for a new charter
and the difficulty of beginning a federal system was apparent. Yet this congress and the
following one in 1775 became the American government. In Boston, the British Coercive Acts
(1774), mainly taxation, and Intolerable Acts (1774) were considered unconstitutional, should be
disobeyed and that the colonies form and arm militias to revolt.
1775 Pennsylvania
The colony of Pennsylvania was the only one that was anti-war:
The [passive] Quaker government was denounced as "enemies of liberty" by the radicals. The
new Americans could not conceive of power without force [guns]. Yet the Assembly, though still
anti-British, viewed going to war as unnecessarily extreme. 32
1775, Lexington/Concord, Massachusetts
The Redcoats tried to seize the Colonists stash of guns which is the Paul Revere story:
The Revolutionary War wasn't a benign war as taught in school systems. It was a brutal civil
conflict. Civilians would run in terror at the approach of either army. 32
This was the first battle between the radical Colonists and Britain painted in our history books as
'tyranny vs. freedom' but was mainly just another stupid religious war--Protestant colonists
against Catholic Redcoats! No one would have gone to war just over mere taxes and lack of
representation, and this was just another war of hate by our Founding Fathers but now fought
with guns:
"The American Revolution was the result of a spasm of religious intolerance". 33
"In every country and in every age the priest has been hostile to liberty. He is always in alliance
with the despot [Pope]". Thomas Jefferson 34
After the battle, British General Thomas Gage occupied Boston and upon negotiating with the
town committee, Gage agreed to let the inhabitants of Boston leave town with their families if
they surrendered all arms. 35
While most of the residents of Boston stayed, those who left under the agreement surrendered
1,778 long arms, 634 pistols, 273 bayonets, and 38 blunderbusses [shotguns].
Abiel Holmes (1829). 36
The peacemakers surrendered their arms while the rebels stayed...
Declaration of the Causes and Necessity of Taking up Arms--July 6, 1775
"For all their talk of 'liberty' the Patriot's were as venal as anyone". Samuel Johnson (1772) 37
The Continental Army wasn't fighting for "democracy" in 1775 as it
wasn't even invented yet. Yet Johnson argued that in emigrating to America Colonists had
"voluntarily resigned the power of voting" but still had "virtual representation" in Parliament.
When the political winds shifted the British Loyalists who didn't support the Revolution were
ordered to give up their weapons to the militias:
"Our cause is just. The arms we have been compelled by our enemies [Catholic Britain] to
assume, we will employ for the preservation of our liberties; being resolved to die freemen rather
than to live slaves".
By order of [the new] Congress, John Hancock, President
"Swim or sink, live or die, survive or perish". John Adams
These were exaggerations and propaganda to the ignorant masses as
the Colonists were certainly not "slaves" by any stretch of the imagination. These were
Englishmen themselves! The Colonies themselves subjugated slaves--20% of the population--not
each other! But soon British troops were dispatched to Massachusetts to take the arms from the
militias among them Paul Revere. The rebellion soon degenerated into a full-scale war and it
became clear that only complete independence from Britain would satisfy the radicals and widespread support. This rag-tag army was commanded by George Washington:
The start of the Revolutionary War was basically one-sided--the Americans started it. In London,
few were interested including the King and his ministers. And certainly no one volunteered to
fight it. The war brought to the 13 colonies immense miseries, 1000's of deaths, losses and some
benefits. 38
The Clergy speaks:
Charles Inglis, a leading N.Y. Anglican, called the war the most causeless, unprovoked and
unnatural rebellion which ever disgraced any country'. 39
1776
"The good people of this country are grievously oppressed [by the King/Parliament]". Thomas
Paine
That was fiction trying to rally the locals into a religious and somewhat economic war.
Meanwhile the British under General Howe, mad at the Patriots arrogance and rebellion, sailed
into New York harbor with 100's of war ships. They even offered a truce to General George
Washington:
" ...The Kings benevolent intentions to prevent the further Effusion of Blood and that we become
productive of Peace and lasting Union between Great Britain and America". British General
Howe 40
The letter was returned unopened...
The myth of all American's jumping into the "Minute Men" militia's is false. Just one third were
in support of war and didn't want to fight for their liberty. 41, 42
While in New England, Loyalist's to England were tortured by these so-called "freedom
fighters":
Outright expressions of loyalty to the Crown were severely punished with tar and feathers in the
town square, mobs that tore down and burned your house, and public notices of your imminent
death. 43
The radicals disarmed the Loyalist's to Britain and forbade them to vote until 1790 [14 years
later]. 44
The Colony of Virginia's Bill of Rights, June 12, 1776
The Bill of Rights was taken from the English Bill of Rights, 1689. 45
George Mason, principle writer
The Bill of Rights was a document drafted to proclaim the inherent rights of men. It wasn't an
original idea as the British had their Magna Carta (1215), Habeus Corpus (1679) and their Bill of
Rights (1689) based on the ideas of social philosopher John Locke. Other constitutions were later
adopted by all the colonies:
1. All men are by nature equally free, have certain inherent rights; namely the enjoyment of life
and liberty, pursuing happiness and safety.
3. That government ought to be for the benefit, protection and security of the people, nation or
community.
13. A well-regulated militia, composed of people trained to arms, is a safe defense of a free state;
that standing armies [within the colonies] in time of peace should be avoided as dangerous to
liberty.
The Declaration of Independence [from Britain], July 4, 1776
By whipping up the mobs with talk of equality the Founding Fathers used the language of liberty
as a cover for their own ambitions. 45
The Declaration of Independence was a document started by a committee stating that the 13
colonies ought to be free independent states and listed grievances regarding King George 3rd and
the British Crown.
Here is a somewhat odd story how the process began:
Jefferson proposed to me [John Adams] to begin the first draft of the Declaration. I said, "I will
not!" Jefferson replied, "Why?" I replied, "Because you can write ten times better than I can!"
"Well" said Jefferson, "I will do as well as I can". 46
1770-1780
"...where there is a legal right there is also a legal remedy whenever that right is invaded."
Supreme Court Justice Blackstone
From Common Law in England the right to civil protection in the colonies was substantive, not
merely procedural or formal. It sought to ensure that individuals were actually able to obtain
remedies for the invasion of their rights by others.
The Articles of Confederation, November 1777
Article 11--nor shall anybody of forces [militias] be kept up by any state, in time of peace, unless
congress assembled, deemed necessary to garrison the forts for the defense of each state; but
every state shall keep up a well regulated and disciplined militia [small army].
At this time the Colonists were in the middle of the Revolutionary War.
Revolutionary War and a Civil War
Most of the population was actively treasonous and someone called to duty could get out of it by
donating 5 pounds [maybe $300] to the Freedom fighters. And of those that enlisted, only a small
fraction stayed. Although the War was "revolutionary" in its conception, not stated in most
history books is that it was also a civil war as well. 47
Grand Union Flag of the "Patriots"
The Patriots had help from the French (a monarchy, 1778-1782) and who was always at war with
Britain. While the British were friends with the Indians and the American Loyalist's. 48 This
explains why over one third of the people were loyalist to England, while the other third were
neutral. 49
1780
The Founding Fathers regarded themselves as 'morality police' to the other 90% of Americans
who they regarded as 'crude and vulgar'. I mention this because the later Constitution/Bill of
Rights was a reaction to the masses with whom the Fathers had little in common with and in a
sense used them for their own gains:
Even though peasants, slaves and colonial subjects in taverns and whore houses held no political
power, within the Founding Father view they were too free because they had no reason to control
themselves. So the Founding Fathers redefined the word "freedom"
as self-control and built a political system called democracy. 50
Samuel Adams, a lawyer, understood that democracy forced the people to shed their pleasures
and surrender their personal freedoms like drinking: "Luxury and Extravagance are in my
opinion totally destructive of those Virtues which are necessary for the Preservation of Liberty".
1778 51
Stiff upper lips...
Massachusetts Bill of Rights, 1780
11. Every subject of the commonwealth [colonies] ought to find a certain remedy for all injuries
or wrongs which he may receive in his person. Every individual has a positive right to protection
by society. This protection is afforded by the enact-ment and execution of laws for the security
of life, liberty, and property.
Massachusetts Constitution 52
Colonists were very interested in preserving unity with each other who they called "Brethren"
but the Pennsylvanian's didn't like nor trust the new Catholics on the new shore and lived
separately in their own towns:
Some states even disarmed Catholics, denying them the right to carry their own weapons. 53
Yorktown, Virginia, 1781
To many their Cause was fraudulent and hypocritical as two very large American groups were
also denied basic rights--women and slaves: "We have no Voice or Representation".
Abigail Adams, wife of John Adams 54
The British now out of ammo, trapped and outnumbered 2 to 1 and with dozens of French
mortars landing on them incessantly, surrendered in October 1781. Ironically on the same day,
British General Clinton had 7,000 ready for battle in New York coming to Cornwallis's aid. His
arrival a week sooner might have saved the British army. 55
Six years of fighting, 1300 land/sea battles the Colonies lost 25,000 men. The American
Revolution, along with the help of French militias, had won:
There is no question that without France's armies, $$$, gunpowder and supplies the American
forces could not have won. 56
Two years later Britain signed the Treaty of Paris with the U.S. in September 1783, recognizing
the independence of the U.S.:
A little rebellion is a good thing... Thomas Jefferson, writing from Paris, 1780's
The Constitution of the U.S., 1787-1791
"What is government itself but the greatest of all reflections on human nature? If men were
angels no government would be necessary. In framing a government, the great difference lies in
this: you must first enable the government to control the governed; and in the next place, oblige
it to control itself". Madison 56
To the Father's, the Constitution was an experiment that they hoped would work within a new
government. They were looking in their rearview of the British invasion when they were writing
it and how to possibly counter that through federal laws. While the new federal and
states rights in the Constitution is very strong it was quite weak when it came to individual
rights--the reason for this e-book. For instance, the Constitution for state and federal government
has roughly 4000 words while the Bill of Rights has 10% of that-- just 450 words. This
vagueness is another reason why all court's today need to decipher and read between
the lines to get at what the original intent was or is:
The Constitution was designed to be weak so that the federal government would be weak in
relation to the greater rights of the states. 57
And many of the Founding Fathers didn't want a federal government at all:
The Constitution does not 'grant rights' but rather recognizes their existence and requires the
government to protect them. For example, the 1st Amendment is not a grant of rights to the
people to say anything but a restriction on government--preventing it from infringing on rights
the people already have [at that time British common law]. 58
The Constitution was a political creation and negotiated compromises. There were conflicts
everywhere: small states, large states, North/South and abolitionist states and it took nearly 600
separate votes to settle them all. But the Framers were intelligent, even brilliant men as they
drew of Greek philosophy, the Roman republic, the evolution of the English democratic tradition
from the Magna Carta to the English Bill of Rights. Above all, they embodied the Triumph of
the Enlightenment. 59
Article 1--To provide for calling forth the Militia to execute laws of the Union, suppress
insurrections. This helped the new federal government to legally go after the South in the later
Civil War. The view that government was formed to protect the life, liberty, and property of its
citizens was fully shared by the Framers of the Federal Constitution. The states, on the other
hand, were to retain their role as "the immediate and visible guardian[s] of life and property," a
role that they performed through "the ordinary administration of civil and criminal justice":
Madison
Under the Constitution it was the states, not the federal government, which were to provide
general protection of life, liberty, and property. Instead, the Founders apparently assumed that
the new states could be relied upon to protect adequately the rights of their citizens. 60
1783 First Gun Control
After the War was over the guerilla forces disbanded and America, by order of the Constitution,
was now left without a standing army--although there still was an Indian problem. But in the
urban cities gun-control now prevailed. In Boston an ordinance was passed against having guns
and gunpowder in the same house:
"All firearms of any kind, found in a dwelling-house having in them any gun-powder, shall be
liable to be seized". 61
1790 The Constitution
The Founding Fathers were still trying to hammer out the 2nd Amendment:
The common view in Congress was that an armed citizenry would prevent tyranny of a federal
government out of control. 62
When Washington took over as president there were only 700 regulars in the army but the Creek
Indians alone had between 4000-6000 warriors.
The Indians repulsed General Harman's army when it invaded western Ohio; killed 100's of
regulars and volunteers in Indiana, sending the rest fleeing in panic. However Congress and
Senate were still debating who would be included within these new "rights" as Indians were now
supposedly citizens: 63
It is dangerous to put Arms into the hands of the Frontier People for their defense, least they
should use them against the U.S.! Sen. Will Maclay, Penn. 64
Here, very clearly, not every new American should have access and rights to a gun...
1791 Constitution Written
What the Founding Father's decided to put into new laws took over a decade to what would and
wouldn't be practical. 65
The 2nd Amendment was written about 7 years after the Revolutionary War was over and was
mostly written by James Madison in 1789 who gave it to a committee which was then passed on
to the House of Representatives. There it sat for almost two years before it was voted in by three
fourths majority of the 13 States. 66 The overall problem was that all states would have no sayso about it since the new rights and laws were now federal. The complainers were the antifederalists--in a sense Libertarians like now--who were afraid of the federal government using
tyranny to overthrow a state's wishes. This is exactly what happened in the later Civil War with
the South:
The Constitution's "militia clauses" were designed to give Congress the power to call up the
colonies militia should another country invade. The Fathers didn't want a 'federal militia' to be
used against the people should the Executive branch turn out to be a tyrant [like a George Bush
exploited for example]. 67
1792 Militia Act, Delaware
Every free able-bodies white male citizen must provide himself with arms.
1796
But slaves were still deprived of a right to bear arms--later rescinded in 1868:
"Let no Negroe or mulattoe [half-breed] be capable of keeping or bearing arms". 68
1803 Marbury v. Madison:
"The very essence of civil liberty certainly consists in the right of every individual to claim the
protection of the laws, whenever he receives an injury. One of the first duties of government is to
afford that protection."
Supreme Court Justice Marshal
69
1810's
And the Indians, in most tribes, continued to be a problem for settlers:
"Burn their dwellings--destroy their stock--slay their wives and children that their very breed
may perish! War now! War always"!
Shawnee Chief Tecumseh
The War of 1812
Again America went to war against the British and the Indians sided with
England:
The militias were forced to fight the British for 3 years and their performance was so poor that
the British were able to burn Washington D.C. to the ground. Opposed to the conflict, the New
England states refused to fight this war effort. Americans came to realize that militias were good
for emergencies but a drawn out war required a permanent army. 70
1840's 2nd Amendment
Because of the way the 2nd Amendment was interpreted in the 1800's gun owners brought legal
challenges asserting they infringed on the right to bear arms. But surprisingly even the racist
Southern courts disagreed! As an Alabama court explained:
The states constitution doesn't allow to bear arms on all occasions and in all places. 71
The Supreme Court in 2008 said the same thing...
Memphis riot of 1866
The Memphis riot began with an altercation between White police and recently discharged black
soldiers which led to three days of mob violence by whites.
About 50 blacks were killed and over 100 homes, churches, and schoolhouses belonging to
blacks were destroyed. A later committee reported that Negro's have had no protection from the
law whatever. Later, Washington D.C. sent in federal troops. The history of slavery and
suppression in the South before the War, together with the torrent of violence against blacks and
Unionists after the War, convinced Republican members of the 39th Congress that the states
could not be relied upon to protect the rights of all persons. 72
An eyewitness wrote:
In many districts robbing and plundering was going on with perfect impunity; the roads were
infested by bands of highwaymen; numerous assaults occurred. The police are either unwilling or
unable to enforce the laws; and that the better elements of society are kept down by lawless
characters under a system of terrorism. Carl Schurz 73
More broadly, proponents argued that the national government had an
inherent authority to protect its citizens--no different than the King of England did:
"Allegiance and protection are reciprocal rights," asserted Senator Trumbull:
"We have a Government which is all-powerful to command the obedience of the citizen, but has
no power to afford him protection? Is it possible that our Constitution is so defective that we
have no power under it to protect our citizens within our own jurisdiction?" 74
Back in the 1860's the Court of Appeals of New York explained that the
statute was intended to compensate:
"...those who may be so unfortunate, as without their own fault to be injured in their property by
acts of lawless violence of a particular kind which it is the general duty of the government to
prevent". 75
And a constitutional lawyer agrees:
The state riot acts strongly confirms that in legal thought of the time the government's duty of
protection was understood to include the prevention as well as the punishment of violence. 75
1868 14th Amendment
No state shall make or enforce any law which voids the privileges of citizens of the United
States.
The 14th was in 5 sections but mainly it was about the civil rights of "Negro's" who were
supposedly set free from slavery in 1865. It was also one of the "Reconstruction" amendments to
the Constitution (1865-70) post-Civil war where an incredible 700,000 U.S. soldiers died. The
14th didn't borrow from the earlier Bill of Rights (Virginia, 1776) as blacks were so low on the
totem pole to the Founding Fathers that they weren't even considered in the equation.
Additionally, the phrase "due process of law" has been ruled to forbid the states to violate most
rights protected by the Bill of Rights:
Members of the 39th Congress (1866) declared that the 14th focused on "civil rights" not
"political rights", like voting or militia service... But how could they fit that vision together with
the 2nd Amendment? So far, the Supreme Court has avoided these puzzles by refusing to review
cases involving the 2nd Amendment [together with the 14th]. 76
All the states were brought under the Bill of Rights only by the 14th:
There is a big difference between the Founders Bill of Rights and the later Reconstructionist 14th
Amendment. The texts are separated by 100 years of history and aimed at solving different
problems. The original Bill of Rights knit together citizens rights with states rights but the 14th
unraveled this concept, giving citizens with [new] rights against states. Reflecting a vision more
individualistic than collective [than the Bill of Rights]. More private than public. 76
A central purpose of the 14th Amendment was to establish the right to protection as a part of the
federal Constitution and to require the states to protect the fundamental rights of all persons,
black as well as white. In establishing a federal right to protection, the 14th Amendment was not
creating a new right but rather incorporating into the Constitution the concept of protection as
understood in the classical tradition [English Common Law]. The debates in the 39th Congress
over the 14th Amendment and the Civil Rights Act of 1866 confirmed the constitutional right to
protection. 77
The 14th Amendment required a state to protect its citizens from private violence. It required
not only that the law apply equally to all but also that the law protect individuals against
violation of their rights by others. 78
However the nine states in the South didn't heed the 14th Amendment for another 170 years by
maintaining its "Jim Crow" caricature laws...This was the amendment later used in Roe v. Wade
(1973) and which I'll try to use later in defending a victim's personal rights against the 2nd
Amendment ("government shall make no laws that infringe...").
The "Wild West" 1850-1880's
During the migration to the West murder rates were 10 times higher than Newark or Philadelphia
are now. 79
The great exodus from East to West brought along gunslingers especially during the California
gold rush. Not only because of claims to fortunes but because 100's of miles of territory were
unprotected and un-policed. But in some frontier towns crime was exceedingly rare as guns were
taken from the gun slingers before they stepped into town. And people then didn't even lock their
doors at night--a trait unthinkable now.
Frontier towns like Tombstone, Arizona had some of the most restrictive gun control laws in
America. In 1881, just 5 people were killed and 3 of those were outlaws. 80
While Dodge City, Kansas [home to Wyatt Earp] had just 15 murders in 10 years! 81
Those stats sound fictitious but they can easily be found in the cities public records:
In the Wild West towns where people lived and businesses operated the city ordinances
prohibited people from toting their guns around. Arrivals were to turn in their guns to authorities
for a token. If they wanted to drink and gamble the guns were left behind. 82
And then no one questioned the validity of the 2nd Amendment!
1881
Two years before the shootout at the O.K. Corral, Tombstone adopted a law known as Ordinance
#9: "To provide against the carrying of deadly weapons [within city limits]". 83
1900
Coerced by massive violence, every state in the South had laws on the books that violated black's
civil rights. 84
My point being that many states didn't abide by the Constitution and the federal government
didn't bother to step up to bat. This went unheeded until the mid 1960's under LBJ with the civil
rights movement and federal laws.
1911
New York state required handgun owners to get a permit, following an attempted assassination
on New York City’s mayor. 85
Chicago v. Sturges
Mobs in Chicago destroyed a property owned by Sturges and he sued the city claiming the
government should have protected him. But in Sturges, Chicago challenged the Illinois riot act
under the Due Process Clause of the 14th Amendment. The Supreme Court rejected their claim
saying:
"The obligation of the government to protect life, liberty and property against the conduct of the
indifferent, the careless and the evil-minded may be regarded as lying at the very foundation of
the social compact.... The law in question rests upon the duty of the State to protect its citizens in
the enjoyment and possession of their acquisitions". 86, 87
1937 Washington
FDR was fed up enough with the Supreme Court with their personal interpretations of law (see
Scalia for details). In a "fireside chat" on radio from the White House he told his listeners:
"The Supreme Court has improperly set itself up as a '3rd house of Congress'-a super-legislature--reading into the Constitution words and implications which are not there and
were never intended to be. In our courts we want a government of laws and not of [subjective]
men". FDR 88
1939 U.S. vs. Miller decision
The Miller decision meant that the only guns covered under the 2nd Amendment were those with
'reasonable tie to militia service, 'those in common use of the time'. That meant machine guns,
sawed off shotguns, war cannons or tanks on the street would be considered unconstitutional.
For the past 160 years until recently the courts held sway over the vague, non-literal meaning of
the 2nd Amendment which was mainly to 'protect society' from handguns. Literalists might be
offended and that the restrictions are unconstitutional but still learn to live with the confines of
the court system.
1940-1950's
Fighting 2 wars overseas dropped the crime rates at home down to nil as there were better things
to do than hold a grudge and murder someone:
[On crime graphs] crime rates hugged the floor. 89
1961 Poe vs. Ullman
Poe vs. Ullman was a case about privacy. In Connecticut it was illegal to get birth control pills
and one couple claimed their 14th Amendment "rights to privacy" were invaded. So together
with Planned Parenthood the couple deliberately got arrested and later went to court. Justice
Harlan wrote from a negative point of view:
"The state overstepped its bounds and a unjustifiable invasion of privacy occurred".
In a precedent to Roe, this was the first Court decision to use the 14th Amendment's "life and
liberty". "Liberty" meaning both the federal and state governments can't intrude on a person's
personal rights (but of course they do anyway).
Later in 1965, Chief Justice Douglas adopted Harlan's reasoning in Griswold vs. Connecticut and
the right to privacy became constitutional law. 90 The point of this? A person killed or injured
by a gun has had their privacy invaded which the Court declared in this ruling is
unconstitutional. The government cannot create laws which violates these rights.
1960's JFK
I bring up Camelot because this was a time when the federal government
was integrated and not schitzophenic like now.
The Kennedy's in Dallas, 1963
Both Republican's and Demo's worked together for the common good of our government and
society:
In March 1963, Lee Harvey Oswald, using the alias "A. Hidell" purchased a 6.5 mm Italian
Carcano rifle by mail order. He also purchased a revolver by the same method. Warren
Commission Report
"Oswald struck me as a man who enjoyed the situation immensely. He enjoyed the publicity."
Dallas police detective J.R. Leavelle
There is little doubt that the assassination set loose the darker instincts of the American psyche.
91
U.S. Crime Rates 1960-2012
Starting in the 1960's, cities got particularly dangerous, especially New York which became a
symbol of the new criminality. Jobs were plentiful but judges were lenient to the extreme and it
got around that 'crime does pay'! The graph below indicates that violent crime went up 400% in
just 20 years: 92, 93
Year
Population
Violent Crimes
1960
1980
1993
2012
179,323,175
225,000,000
257,908,000
313,914,040
288,460
1,344,520
1,926,020
1,214,464
1965 Detroit Riots
Murder
9,110
23,040
24,530
14, 827
A federal report said:
Effective firearms controls are an essential contribution to domestic peace and tranquility. 94
Meaning criminals and mental cases cannot have access to guns. But the government apparently
didn't listen to the university research panels.
Miranda vs. Arizona (1966)
Ernesto Miranda was a convicted criminal but this law told the cops to tell suspects to keep quiet
if they're under arrest (under the 4th/5th Amendments).
Caught red-handed in a crime cops will often hear a suspect spill their guts without a prompt
(since they're not too smart anyway) but after Miranda their testimonies were now inadmissible
in court. Of course the Left and civil libertarians hailed the decision but society lost overall:
For the law to be engaged in equalizing the criminal's ability to escape the law is to abandon the
reason for criminal laws in the first place. 95
What does this have to do with anything? As you'll see it's criminals + guns 'gaming' the court
system like a card cheat in Vegas and exactly why crime rates later on rose exponentially to
haunt us all.
1967 Oakland, Calif.
Somewhat surprising at the time was carrying a loaded gun on the street in California was legal
as long as it wasn't concealed. The racist Black group "Black Panther's" exploited this to use
against the heavy-handed tactics of local cops who they wanted to 'get even with and invariably
had many shootouts with:
"With weapons in our hands we [Blacks] are no longer their subjects [cops] but their equals".
Black Panther leader Dr. Huey Newton 96
1968
'Is the 2nd Amendment a relic of the American Revolution?'
The Supreme Courts view until 1968 97
We'll see...
Just after the RFK/MLK assassinations Congress passed the Crime Control Act, the 1st federal
gun control law in 30 years. Later the Gun Control Act (1968) was amended and which targeted
the mentally ill, felons and substance abusers. 98
1971 Luby's massacre, Texas
In a restaurant, armed with 2 pistols the assailant shot 50 people (killing 23), exchanged shots
with responding police and later fatally shooting himself. It was the deadliest shooting rampage
in American history until the 2007 Virginia Tech massacre. According to an eyewitness:
"He calmly and methodically strolled through the cafeteria, randomly shooting innocent people
as they crouched under tables. Often he would stick the gun at a victim's head or body and fire."
99
1970-1973 "Roe" vs. Wade
The word "liberty" was the key word which the Supreme Court in Roe brought
the 'right of privacy' that protects women and abortions [not fetus]. In a later opinion Justice
Blackum wrote, "This right of privacy is founded in the 14th Amendment concept of liberty".
While Justice O'Connor wrote that the 14th declares that no State shall deprive any person of
life, liberty without due process of law. The controlling word in this case is 'liberty'. 100
One might ask 'what does abortion have to do with guns?' Well in our courts view everything!
This decision was about a perceived violation of Texas' rights or overreach. In a nutshell, Norma
McCorvey ("Roe") wanted an abortion and Wade, the D.A., said it was illegal. So the lady took
them to court and won. The plaintiff ("Roe") used the 14th Amendment because the state made
her choice for her... This was the first Supreme Court decision to use the 14th:
"The Constitution doesn't explicitly mention any right to privacy. But in vary contexts the Court
has found the root of that right in the 1st Amendment, 4th, 5th, 9th Bill of Rights or in the
concept of liberty guaranteed by the 14th Amendment". Chief Justice Blackum 101
"At the heart of liberty is the right to define one's own concept of existence, of meaning." Chief
Justice O'Connor
In other words, gun victims should be protected by the 5th and 14th Amendment just like
McCorvey was--and still is.
1970's
Also about this time the 2nd Amendment, after living in obscurity since 1781, sprouted its own
wings:
For centuries most legal scholars felt that the 2nd Amendment was only about protecting state
militias [volunteers] from being disarmed by a threat from the federal government. But that
changed in the '70's-'80's. 102
1974 "Death Wish"
Rarely does Hollywood make movies that speak for the populace but this was the movie that put
citizens + guns + crime+ vigilantism in the same sentence.
It carried a message that if the cops are hamstrung by the laws then just take the law into your
own hands.
1980 John Lennon assassination
John Lennon was a hero, spokesman and someone who brought real joy to 100's of millions of
people around the world yet he was called a "phony" by his killer who shot him 4 times in the
back with a .38 in front of his wife. Afterwards Chapman sat down and read "The Catcher in the
Rye" as the cops pulled up. I walked in a daze, horrified for months:
Dr. Athens found no evidence that mental illness causes violent crime. What all had in common
was 'violentization'. 103, 104
What this means is people 'work up' to violent behavior gradually over time--it seldom happens
overnight.
1981 President Reagan assassination attempt
The attempted assassination of Ronald Reagan by John Hinckley happened as the president was
walking outside of a building. Reagan suffered a punctured lung and internal bleeding but
medical attention allowed him to recover quickly.
The Röhm RG-14 revolver
Nobody was killed in the attack, though Press Secretary James Brady was left paralyzed and
permanently disabled. This scenario is where we later got the "Brady Bill".
Bernard Goetz subway shooting
When the mild-looking electrical engineer, who’d been robbed before, got on the train at 14th
Street, four black teens surrounded him and after one of them asked him for $5 he unloaded his
unlicensed revolver, hitting all four of them.
He then fled through a tunnel before police arrived. The identity of the white “subway vigilante”
remained a mystery until he turned himself in to the New Hampshire police four days later,
offering a confession that may have shaded into revenge fantasy. All four boys survived, though
one was paralyzed, yet Goetz became a 'folk hero' at a time when urban crime was widely
considered out of control and daylight muggings were commonplace. After a riveting 8 week
trial that captured national headlines, it hinged on the question of whether or not he had reason to
fear for his life, Goetz was convicted only of criminal possession of a lethal weapon and was
sentenced to just six months in prison.
I just would have given the kids the lousy $5.00 instead of bullets...
1982 Bowers v. Hardwick
This case is about the most comprehensive of rights and the right most valued by civilized men,
namely the right to be left alone [by the state]. 105
In Georgia a gay man felt that his private rights were violated when a cop caught him red-handed
in the act but in his own house. The Supreme Court favored the defendant in another very close
5-4 ruling. My main question in this book is a victim of gun violence being left alone by our
Constitution's 2nd Amendment? Not if you're one of the 71,000+ victims!
1983 DeShaney v. Winnebago County Department of Social Services
Relatives of the seriously injured child brought the suit against a Wisconsin Dept. of Social
Services:
On January 22, 1983, Joshua DeShaney, age four, was brought to the emergency room of a
Wisconsin hospital with multiple bruises and abrasions. Suspecting child abuse, the hospital staff
notified the County Department of Social Services, which immediately obtained custody
of Joshua only to return him to his father's home a few days later. Overthe next fifteen months,
the Department received constant reports indicating that Joshua was being seriously abused, but
it failed to take any further action to protect him. On March 8, 1984, Joshua's father beat him so
severely that he suffered massive brain damage, leaving him profoundly retarded and confined to
an institution for the rest of his life.
The Supreme Court ruled that the Department's fail to protect Joshua was unconstitutional. This
view was later overturned. 105
Earlier I brought up FDR's fury at the Supreme Courts subjective and non-historical
interpretations of the Bill of Rights and in DeShaney, the Supreme Court held that states have no
constitutional duty to protect their citizens against private violence--essentially overriding their
own classical interpretations of the 14th Amendment. DeShaney has crucial implications for
constitutional law and theory. In addition to rejecting a constitutional right to protection,
DeShaney implied that the Constitution protects only negative liberty-freedoms from
governmental oppression-while imposing no positive obligations on government. 105
The reasoning at the core of DeShaney is indefensible. 105
But hey, court rulings can be overturned if you switch things around. They are not set in stone...
1984 San Ysidro McDonald's massacre
This mass murder happened in the border town of San Ysidro in California. James Huberty
entered a McDonald's restaurant and with an Uzi 9mm shot at 40 people, killing 21 including 5
children and injured 19 others.
The key word for a criminal? Excitement. 106
The massacre lasted for 77 minutes before he was eventually shot dead by a police sniper. This
act horrified the nation and McDonald's later razed the building which at the time I thought was a
very noble idea.
1986 Firearm Owners Protection Act
No automatic or military weapons for private use.
1988 Balistreri v. Pacifica Police Department
The Court of Appeals held that the police department violated the Due Process Clause by
refusing to enforce a protective order that the wife had obtained against her estranged husband.
In a similar case, the Supreme Court implicitly disapproved this view 5 years earlier in
DeShaney. I thought courts were supposed to be consistent and not subjective? 107
1960-1990's Crime rises--a Liberal court system
A new liberal judicial system felt that criminals weren't the problem--society was! They were the
poor people who were somehow neglected by their families or society:
"Killing them or locking them up is the tried and true ancient method. Why not try rehab?"
Chief Justice Douglas 108
A noble idea for some people:
Most of the Supreme Court's "landmark" decisions expanded on creating "rights" for criminals
during the 1960's. In the Durham decision Judge Bazelon believed that the mentally ill were not
responsible for their crime. 109
To follow this logic, the more horrible the crime the more "abnormal" their mental condition and
the better chance they get off! As a result crime rates skyrocketed. 110, 111
For example, later in the '80's John Hinckley shot President Reagan with a .22 and is now in a
mental hospital. But that didn't stop him from getting a cover interview with Rolling Stone where
he answered questions coherently:
Between 1960 and 1976 a citizen's change of becoming a victim of a major violent crime tripled.
Young criminals became especially violent as arrest rates also tripled. 112, 113
The U.S. has moved from a gun intolerant/exceptionally low crime of the 1870's-1930's to the
high crime society in the 1970-1990's. 114
The mentally ill set free:
A new wave of deinstitutionalization and the denial [lack of $$$] for services. 115
Now under threat of lawsuits by lawyer-activists and the ACLU masses of the mentally ill were
released from hospitals. Whether these people could take care of themselves in society was
irrelevant--the point was they were free--free to wreck havoc on civilized society. This is the
inherent weakness of our Constitution and visit downtown L.A. if you don't believe me:
Once released from the hospital they'd quit taking their med's and retrogress to delusions and
incoherence. From there it's just a short ride to the back of a patrol car. 116, 117
1992
Clinton was President, the economy was booming but oddly so was crime and violence--mostly
over coke and other new drugs on the street. As a social critic how could this be the 'greatest
country in the world' with these sort of statistics?
17,000 murders, 18,000 suicides. 118
1993 Brady Act
Violent acts have a malevolent logic. Criminals do not "snap" but make decisions over time and
act on them. 119
It took more than a decade after the Reagan assassination attempt but the Brady Act was put into
national law by Clinton so licensed firearm dealers could know which buyers were prohibited
from owning a gun. The Brady Act also halted the production of "assault weapons" and
magazines with more than 10 rounds. It also halted a lot of "lie and buy" sales. But trying to
reconcile it with a politicians 'normal' view of the 2nd Amendment the Brady Act is still very
weak.
1994 Assault weapons ban
Federal Assault Weapons Ban (AWB) was part of the Violent Crime Control and Law
Enforcement Act. The law banned the manufacture and transfer of certain semi-automatic
firearms and large-capacity magazines. The ban was passed by Congress and was signed into law
by President Bill Clinton.
Crimes using assault-type weapons declined by 17% across cities involved--Baltimore, Miami,
Milwaukee, Boston, St. Louis and Anchorage. 120
Another study found a sharp reduction in the number of assault weapons recovered by Baltimore
police. 121
However those who studied gun laws knew there were many holes in the law:
The gun industry quickly and easily evaded the law by making slight, cosmetic changes to the
supposedly "banned" firearms. 122
Does this look like a gun used for hunting deer or people?
An Intratec TEC-DC9 with 32-round magazine; a semi-automatic pistol formerly classified as an
assault weapon under federal law. All guns made since 2000 can't be stock with more than a 10
round clip. However, aftermarket clips like this one can be bought anywhere including online.
1995
85% of violent gun crimes in the U.S. involved a handgun. (DOJ)
1996
Tupac Shakur
Poet, rapper, social commentator extraordinaire, part time gangster and among the biggest selling
artists in music history, gunned down in a hail of bullets in the passenger seat of a car in Las
Vegas.
1998
Violence is so much worse in America than in comparable countries despite our massive
investment in prisons. 123
NICS
The NICS is the National Instant Criminal Background Check System. It is not a national
registry and the 50 states are not required to comply. Unfortunately for us most don't.
Over a span of the next 10 years, the NICS checked about 176,000,000 gun sales and denied
about 1,000,000. 124 However, the stats on the quick computer background check are not good
and even rabid pro-gun groups criticize the federal agency for not doing its job:
Only about half of 1% of new gun registers are denied through NICS. (2010) 125
While of those, 50% of the states are not complying either through indifference
or a 1780's fear of a federal government:
Half the states are not putting in felony convictions, restraining orders or mental health records
into NICS. If they're not in the system how can the gun dealer know not to make the sale? 126
There are 61 agencies that keep mental health data for the FBI, but just nine of them turn over
records. In 2010, Massachusetts gave NICS just one name of a dangerously mentally-ill person.
127, 128
Those with a protective order for stalking, harassing or threatening an intimate partner
supposedly can't buy a gun. Domestic abusers are also banned and the check takes just a couple
minutes. However California has a 10 day waiting period regardless--a very wise move.
If a buyer is denied they can appeal but if they are a convicted felon the Fed's
are supposed to investigate and prosecute. However, they rarely do. 129
1999 Columbine
Photo from a cafeteria video still
Criminals intend to prevail in every situation whether by stealth, intimidation or brute force.
They are not beyond resorting to violence when he feels thwarted and powerless.
"Inside the Criminal Mind"
John Savage, an acquaintance of Klebold's, asked him what they were doing, to which he
answered:
"Oh, just killing people." Dylan Klebold
In the months prior to the attacks, Harris and Klebold acquired two 9mm handguns and two 12
gauge shotguns from a 'straw' buyer' friend Robyn Anderson at the Tanner Gun Show in
December 1998.
On April 20, the two senior students, Eric Harris and Dylan, murdered a total of 12 students and
one teacher. They injured 24 additional students including one boy that is permanently
paralyzed. Harris used a 12 gauge shotgun and a Hi-Point 9 mm Carbine which he fired almost
100 times. His best friend Klebold used a 9mm Intratec and 12 gauge double-barreled sawed-off
shotgun. The pair then committed suicide.
The bizarreness of this crime still haunts millions of people to this day and has been constantly
referred to by shooters in later school attacks. 130 For example, a couple months after
Columbine, Pennsylvania school districts received 354 threats of school violence far exceeding
the 1 or 2 threats normally. 131 That's a 2000-3500% increase of threats within just a few
months.
2000-01
Friends/relative purchases and stolen guns are almost 75% of all guns bought/sold. Stores sold
just 20% of guns on the street for that year. 132, 133
A majority of gun owners support background checks (72%), in private sales (66%) and a gunsafety course (80%). 134, 135
Here's a tragic instance where the federal government was successfully sued:
Modesto, Calif.
A federal DEA/SWAT team invaded a house and killed an 11 year old boy with a shotgun during
a failed raid. There were no drugs or guns in the home. Both the city and the federal government
settled a later lawsuit brought on by the Sepulveda's for the death of their son for $3,000,000.
136
2003
If you can read the print the red is 180,000+ crimes with a firearm... Republican's under Bush let
the 10 year "assault weapon" ban expire. The guns weren't true "assault weapons" but
cosmetically made to look like military weapons:
A CDC task force concluded that "evidence was insufficient to ban high-capacity magazines".
137
2004-2005
Victims of crime are neglected or mistreated from the time police arrive until after the case is
finally disposed of in court. 138
My point is our government is very ambivalent to its citizens--in other words, 'how much will it
cost?' Since the assault weapons ban expired in 2003, legislation to renew the ban has been
proposed a number of times but unsuccessfully. In 2003, 2005, and 2007, Rep. Carolyn
McCarthy (NY-D) introduced a bill that would have renewed the assault weapons ban for an
additional 10 years. The bill never left committee.
2005 Florida's Open Carry Laws
This new law enabled residents to carry weapons with just rudimentary training and expand the
territory beyond a person's house into a "shoot 'em anywhere" rule where the victimizer has "no
duty to retreat":
"We never said the street is your castle".
Florida State Senator Steve Geller (D-Hollandale Bch.) 139
And even Miami's police chief warned about new situations:
"Whether it's trick-or-treaters or kids playing in a yard of someone who doesn't want them there
or some drunk college kid stumbling into the wrong house, you're encouraging others to use
deadly force where it shouldn't be used".
John Timoney 139
Despite his initial bravery, Geller chickened out and ended up voting for the new law:
"We [Demo's] would be seen as soft on crime". 140
Obviously our lawmakers are not very good sociologists...And the local newspapers were not too
happy with the Democrats:
"Another example of cowardice by lawmakers who put political ambition ahead of public
safety". 141
2006
The Constitution is changeable. If they wish, voters can go through the amendment process
detailed in Article V. The bad news is if the gun rights are watered down or taken away the risk
of tyranny [by the govt.] will increase. Glenn Beck 142
In the 1980's Republicans and Democrats were able to pass stricter, zero tolerance laws with the
aim of creating a 'safe society' but all that did is put marginal people in jails. Of course the local
police, often twiddling their thumbs in their cruisers, were only happy to oblige! However the
guns laws--what supposedly affected crime-- remained the same:
I hate to say this but these stats are very indicative of a police state and a war with normal
society. This irks the marginal's and the criminal types who are always seething about 'the
government' or having shoot outs with the cops sometimes over sheer trivial matters:
The system is designed to arrest you, not help you. 143
I bring this up now for reasons later...
2007 Virginia Tech Massacre
The Virginia Tech massacre was another school shooting where the killer, Cho, shot and killed
32 people and wounded 17 others in two attacks, several hours apart, before committing suicide.
The massacre was the deadliest incident by a gunman in U.S. history. We know now what
brought the incident on--"mental illness"--yet Cho easily slipped through the NICS database.
Video stills from tape to NBC
"Violentization" is an authentic developmental process. 144
Two hours after the first killing, Cho went to a post office and mailed writings and video
recording to NBC News. Most of it didn't make any sense. The original and very frightening
video that I originally saw is no longer on Youtube for fear of copycats. In a backpack, he
carried several chains, locks, a hammer, a knife, two handguns with nineteen 10 and 15 round
magazines and nearly 400 rounds of ammo.
On the 2nd floor of classrooms, Cho shot his way in or tried to shoot his way into 4 classrooms.
During the second assault, he had fired at least 174 rounds, killing 30 people and wounding 17
more. All of the victims were shot at least three times each. To me, what's even more amazing is
why didn't 100's of students try to overpower a lone gunman instead of timidly hiding under
desks ending their life?
A Virginia court declared Cho him to be a danger to himself in 2005 and sent him
for psychiatric treatment. Because of gaps between federal and Virginia state laws, the state
didn't report Cho's status to the NICS. 145
The Virginia Tech Review Panel Report faulted university officials for failing to share
information that would have shed light on the seriousness of Cho's problems. The report also
pointed to failures by Virginia Tech's counseling center, flaws in Virginia's mental health laws,
and inadequate state mental health services.
Virginia Tech students mourn the victims at a candlelight vigil.
Legal Issues
The massacre prompted the state of Virginia to close legal loopholes that had previously allowed
Cho to purchase handguns without detection by the NICS.
In June 2008, a judge approved an $11 million settlement in a suit against the state of Virginia
by 24 of the 32 victims' families. The parents of 2 students who were killed filed a wrongful
death civil lawsuit and argued that lives could have been spared if school officials had moved
more quickly to alert the campus after the first 2 victims were shot in a dorm. My point of this?
Gun victims were able to sue the state because the state and the campus didn't protect them:
A jury found that Virginia Tech was guilty of negligence for delaying a campus warning. 146
However in a reverse-decision 5 years later (2013) a higher court ruled on the side of the
defense--Virginia and Virginia Tech--claiming the school was not liable in a civil suit. 147
Based on my findings I would disagree with that verdict and this is bad news for victims of
murder and injuries by gun as far as litigation goes. What this poor judgment and lack of ethics
by the upper court in Virginia says is 'you're on your own and no one is liable if you're injured or
killed by a gun'. Does this set a precedent nationwide? No it doesn't.
NICS Improvement Amendments Act of 2007
Just after the Virginia Tech massacre Congress introduced a somewhat stronger NICS bill,
H.R.2640:
Application to persons who have been adjudicated as a mental defective or committed to a
mental institution:
The State shall make available to the Attorney General, for use by the National Instant Criminal
Background Check System, the name and other relevant identifying information of persons
adjudicated as mentally defective or those committed to mental institutions to assist the Attorney
General in enforcing section 922 of title 18.
Oddly, many states were still indifferent or lazy regarding the 'red flags' to NICS and the bill
became voluntary. If states didn't feel like sending it they didn't!
Now over half the states don't submit records to NICS, (federal) but the ones that do tend not to
have mass shootings. Pennsylvania had the most with 650,000 and California 2nd with 529,000:
148
Grassley/Cruz bill
Senator's Grassley & Cruz offered an alternative Amendment which addressed the lack of
prosecutions under NICS. The GOP plan gave schools more guards, gave incentives to states to
put mental health records into NICS. Also the bill criminalized 'straw' purchases
[friends/relatives buying guns] and gun trafficking. Despite the support from a few Demo's, the
Senate bill failed 52-48. 149
These are our no-good politicians sticking up for mass murderers instead of victims because they
"believe" the 2nd Amendment literally. These are shallow fundamentalist interpretations.
2008
In a California study, 62% of voters favored a nationwide ban on assault weapon sales. 150
Obama's reelection and the ensuing attack on the 2nd Amendment resulted in the biggest
increase of gun sales in history! American's have stocked up on firearms out of fear that Obama
will take their guns. Ruger showed a 40% growth over the previous year. A guilt complex
maybe?
2008 D.C. vs. Heller
"What was the language understood to mean when the Constitution was written? The right
secured by the 2nd Amendment is not unlimited". Justice Scalia
The Heller decision faced court challenges from gun groups and gun owners who claimed that
laws banning pistols from the city are unconstitutional. And in this landmark decision pro-guns
won... This was the first Supreme Court case in U.S. history to decide whether the 2nd
Amendment protects a right to keep and bear arms for self-defense--even though the petition
voted to outlaw handguns within the city limits:
The murder risk is about 550% higher in D.C. than the rest of the U.S.
In a close decision the Supreme Court struck down the Firearms Control Regulations Act of
1975 as unconstitutional (5-4) and said that handguns are "arms" for the purposes of the 2nd
Amendment. But not all of the judges were happy. A dissenting judge:
"If a person has a handgun in the home that he can use for self-defense then he also has a
handgun that he can use to commit suicide or engage in acts of domestic violence".
Supreme Court Justice Breyer
In 2008, Representative Mark Kirk, (R-Illinois) introduced a bill to reinstate the assault weapons
ban for 10 years and expand the list of banned weapons. It too died in committee.
2009
In 2009, 6,977,700 adults were under correctional supervision (probation, parole, jail, or prison).
About 2 million are either in county jail or in prison. 151
2010 McDonald vs. Chicago
Just like the earlier case in Heller, Chicago, another very violent city, also outlawed guns within
its city limits. McDonald v. Chicago was a landmark decision of the Supreme Court determined
whether the 2nd Amendment applied to the individual states. Initially the Court had upheld a
Chicago-ordinance banning the possession of handguns as well as other regulations affecting
rifles and shotguns, citing U.S. vs. Cruikshank, Presser vs. Illinois and Miller vs. Texas.
The Supreme Court, in a close 5–4 decision, reversed the lower court's decision, holding that the
2nd Amendment was incorporated under the 14th Amendment, thus protecting those rights from
reversal by local governments. The Supreme Courts literalist view of the right to "keep and bear
arms" is protected by the 2nd Amendment. Pro-gun groups sponsored the litigation on behalf of
several Chicago residents, including retiree Otis McDonald.
This decision doesn't interfere with my theory that a gun victim's rights are violated or infringed
by the 2nd Amendment, however.
2011
Gun rights and gun control go hand in hand. In any courtroom in America guns are left outside
for security reasons. Having a gun inside isn't a fundamental right but rather an unwelcomed
threat. 152
Because American's have moved out of the cities and into the suburbs the last 30 years, firearm
murders in the U.S. have declined 40%--from 18,000 in 1993 to 11,000 in 2011 according to a
Justice Dept. study. 153 But non-fatal injuries are still enough to populate a small city--73,000!
154
If we put that in perspective that's at least 84,000 very violent people roaming around the U.S.
every year. So over the past 10 year span that would equate to roughly 884,000 people violent
people still roaming around--if they haven't been caught yet. Meanwhile, except for a few states,
guns are getting easier to obtain.
2011 Tucson shooting
Rep. Gabriel Giffords was holding a meeting innocently called "Congress on Your Corner" in
the parking lot of a Safeway store when Jared Loughner drew a pistol and shot her in the head
before firing on other people, killing six others including a child.
U.S. Rep. Gabrielle Gifford (Ariz.-D) and some other victims
Only later was Loughner diagnosed as a paranoid schizophrenic [delusional] and later sentenced
to life in prison--not a state hospital. What was shocking to millions of people was that he really
enjoyed the shooting and smiled for the mug shot:
"We have a madmen problem in America. We have a felony recidivism problem in America".
Ted Nugent 155
And the guns are innocent? The fringe elements only look at one side of the coin:
"I assumed the horrifying assassination attempt on a Congresswomen would lead to tougher laws
in America but nothing happened". Piers Morgan 156
Tucson shooting
Trayvon Martin
"Stand Your Ground" laws send a message that encourages people to shoot first and ask
questions later. And lax concealed carry laws allow dangerous people to carry loaded hidden
handguns in public. We can expect more tragedies like Trayvon Martin’s". 157
The most hated man in America 2013? Easily George Zimmerman. (not Obama!) What would
NRA groups say about that? It would be redundant to say much about this case except the fact
how easy it is in Florida,"the Gunshine State", to get a concealed gun permit. In Florida the
permit holder doesn't have to be in a place of risk either, for example, a cab driver or a job where
cash is around. Zimmerman was a neighborhood watch volunteer able to legally carry a gun.
The 'Stand Your Ground' laws radically expand self-defense law to give individuals the right to
use deadly force to defend themselves without any requirement to evade or retreat from a
dangerous situation. Zimmerman used this weird law protection in his defense. The NRA and
ALEC (American Legislative Exchange Council) have naïvely been proponents of Stand Your
Ground laws:
People who get concealed carry licenses are "law-abiding, upstanding community leaders. These
citizens don't commit violent crimes". NRA 158
"Good people make good decisions. That's why they're good people".
NRA 159
Contrary to the NRA's position, in this case the pistol was the problem not the answer--showing
the risk of guns lying around and the lack of maturity when to use it.
Colorado Shooting
"He would reload and shoot... It almost seemed like fun to him". 160
At a midnight movie Holmes sprayed the audience with a 12-gauge Remington 870 Express
Tactical shotgun, first at the ceiling and then at the audience. He also fired a Smith & Wesson
M&P15 semi-automatic rifle with a 100-round drum magazine, which malfunctioned after
reportedly firing about 45 rounds. Finally, he fired a Glock 22 40-caliber handgun. One victims
face was so marred by a shotgun blast that a cop couldn't tell if it was a guy or a girl.
The 12 shooting victims Sept. 2, 2012
38 shot, 3 dead in Chicago weekend shootings-The lack of any effective, consistent federal gun control is exposed for the
farce that it is. Piers Morgan 161
Portland Mall Shooting
Witnesses said a masked man with a gun headed toward the food court at the two-story
Clackamas Town Center mall. Another woman told CNN affiliate KOIN that she saw a man
wearing a hockey mask jogging through Macy's and wielding an assault rifle.
Police said he didn't seem to have a real motive. 162
People were screaming as gunfire rang out through the mall. One man said he, "heard two shots,
then 15 or 16 more shots," he told CNN affiliate KGW. A witness told CNN he tried to help a
wounded woman who was lying on the ground by a cell phone store. "She had apparently been
shot in the chest, and I couldn't get her turned over to help her," said Antonio Charro, who had
been shopping at the mall. "She wasn't breathing."
Three people were killed, including the shooter, said Lt. James Rhodes of the Clackamas County
Sheriff's Office. The shooter died of a self-inflicted gunshot, he said. One person suffered a
traumatic injury.
Newtown, Ct.
Columbine was his obsession. 163
Twenty-six people -- 20 students and six adults -- were shot and killed at the Sandy Hook
Elementary School in Newtown, Connecticut on December 14, 2012. This is something that
those parents will think about everyday for the rest of their lives:
"You know, my little boy is never going to come back..." Neil Heskin, father of victim. 163
Some 1st grade victims
"The common motive behind many crimes that appear senseless is kicks-the thrill of doing the forbidden". 163
Did having our 2nd Amendment help or hurt this mother?
2013
In Massachusetts gun ownership is about 13%--the lowest in the nation. But in Louisiana the gun
ownership is 45% which conversely has a murder rate five times higher than Massachusetts. 164
How does the NRA and gun-state Republican's account for that? They don't. They ignore
statistics and side with the 2nd Amendment:
On April 17, 2013, the Senate voted 60 to 40 against reinstating the federal assault weapons ban.
165
As we've seen the law was weak to begin with...
Oakland, Ca.
Oakland shooting victim Alaysha Carradine, 8, was murdered in a hail of bullets
at a slumber party. Robberies with a firearm in Oakland are up nearly 50% from last year. 166
Tell me NRA, what would Alaysha say about the 2nd Amendment now? Would she believe in
the right for a criminal's all too easy access to 270 million guns?
BlOODBATH-36 Shot in Chicago over Weekend
Father's Day weekend was marred by violence in Chicago, with a total of 36 people shot, seven
fatally. (June 16, 2013)
Don't forget our activist, very subjective and amoral Supreme Court overruled the city ban on
handguns in Chicago:
The American homicide rate resembles the rates in less developed and often
very troubled countries like the Ukraine or Thailand than advanced nations like Western Europe,
Canada or Australia. 167
FBI: Navy Yard Shooter 'delusional'
'There's a guy slaughtering people with a [sawed-off] shotgun'.
Alexis wasn't that 'delusional' not to take the time to saw off his shotgun with a hacksaw so he
could kill more innocent people. He went on to kill 12 people that day and wound 4 others. In
these type of mass shootings the cops are always too late... 167 However, the NRA made a
public statement-- not about the guns that killed the people, burying them 6 feet underground, but
about the "mentally ill":
"Lets fix this broken system right now which
nobody wants to fix". Wayne LaPierre, NRA 168
Detroit suburb
Black woman shot in head seeking help in White neighborhood--
Enlarge
Renisha McBride, 19, shot dead
Hate/hatred: a deep, enduring, intense emotion expressing animosity, anger towards a person or
group. Hatred is the desire to harm or cause pain and the feelings of pleasure at their misfortune.
169
The family of Renisha McBride, 19, seeks answers after she was shot in the head. “You see a
young black lady on your porch and you shoot?” demanded Bernita Sparks, the aunt of slain
Detroit 19-year-old Renisha McBride. McBride was shot in the head and killed when, according
to her family, she was seeking help, knocking on doors in a White neighborhood after her car
crashed. Self-defense gone wrong is not a sufficient excuse for a bullet in the head, McBride’s
family has stressed.
“He shot her in the head … for what? For knocking on his door,” said Spinks. “If he felt scared
or threatened, he should have called 911.”
Michigan doesn't have any 'stand your ground' laws but the shooter, Theodore Wafer, who has
been arrested, has denied any wrongdoing. 170
Recall I earlier said where the Colonist's, those who wrote the Constitution, called each other
"Brethren"? This sad situation is far, far from the true meaning of the original 2nd Amendment...
Why do we even try to support it?
LOS ANGELES LAX
1 TSA agent killed, 3 wounded by gunman armed with a .223 assault-type rifle:
This apparently was another example of a "law-abiding citizen" going berserk with his firearm.
Further punching holes in the gun-worshipers argument that all gun control does is harass lawabiding citizens... Columnist George Skelton, 171
School shooting--Colorado
An 18 yr. old stormed a high school with a shotgun looking for a librarian but instead randomly
shot a 17 yr. old girl in the head, killing her, then killed himself:
"We cannot begin to understand why Karl did what he did," the Pierson's said. 172
Sheriff Grayson Robinson said that 18-year-old Karl Pierson legally purchased the shotgun and
ammunition he used in Friday's rampage at Arapahoe High School:
Yahoo comments:
Yes, he had problems with reality. So why did this high school student have legal access to a
shotgun? Repeal the 2nd Amendment!
Herr S at 2:38 PM December 15, 2013
2012-2013 NICS
And American's get angrier:
91% of American's support "criminal background checks for all gun sales". 173
Then why don't our politicians get on the stick then?
While the green states don't give the NICS their gun info, while just 1% are rejected...
Nearly 21,000,000 criminal records are not accessible by NICS. 174
In 2013 the anti-crime amendment that got almost every single vote in the Senate was sponsored
by Tom Harkin (Iowa-D). It required mental health and felony records be put into NICS so truly
dangerous people are prevented from legally buying guns. But later Sen. Reid pulled the entire
legislation from a vote: 175
"We're going to hit pause and freeze the background check bill where it is." Reid said on the
Senate floor. 176
www.fbi.gov
Did somebody give Reid a bribe? Later the People are mad as hell:
Protesters stand in front of Senate Minority Leader Mitch McConnell's Louisville office. More
than 70% of respondents support the U.S. Senate trying again on background checks. 177
U.S. Gun registration
Every state has different rules for registration. For instance, California has a couple more
controls than Arizona which has virtually none at all:
Arizona
State permit required to purchase? No.
Firearm registration required? No.
"Assault weapon" prohibition or restrictions? No.
Magazine Capacity Restriction? Magazine Capacity Restriction? No.
Open carry allowed? Yes.
California
Unlike most other states, California has no provision in its state constitution that explicitly
guarantees an individual right to keep and bear arms. Its Supreme Court has maintained that most
of California's gun laws are constitutional based on the fact that it doesn't guarantee private
citizens the right to purchase, possess, or carry firearms. All firearm sales are recorded by the
state and have a 10-day waiting period.
However, recent US Supreme Court decisions of Heller (2008) and McDonald (2010)
established that the 2nd Amendment applies to all states and many of California's gun laws are
now being challenged in the federal courts.
Although California is renowned for its 'red tape' still its gun registration laws are not very
restrictive:
State permit to purchase? No.
Firearm registration for DOJ? Rifles, no. Handguns, yes.
Owner license required? No.
"Assault weapon" law? Yes.
Magazine Capacity Restriction? Yes.
Other industrial countries--Japan
Gun ownership is tightly controlled. Applicants first must go to their local police station and
declare their intent to buy a gun. After a lecture and a written test comes range training, then a
background check. Police likely will even talk to the applicant's neighbors to see if he or she is
known to have a temper, financial troubles or an unstable household. A doctor must sign a form
saying the applicant has not been institutionalized and is not epileptic, depressed, schizophrenic,
alcoholic or addicted to drugs. If the U.S. were to mandate those controls it still wouldn't violate
the 2nd Amendment. 178
Buying a gun in general
If buying a gun in California the buyer fills out a form with just 15 basic questions which
includes the sellers Federal License #. The seller dials up ATF/DOJ to see whether the buyer is a
convicted felon, a fugitive from justice, dishonorable discharge, harassment, or illegal alien. If
they are the seller notates that on the form and marks "denied". The rest proceed or can be
delayed.
(Why is this guy smiling?)
Bob Arthur owns Shooters Supply in Berlin, Md.
Background check: what it really takes to buy a gun:
There's half a page of "yes or no" questions. The social security number is optional:
(Once I witnessed a gun store owner telling a buyer not to put down his social security # on the
application permit, fearful of tracing it back to the owner. "Big Brother" apparently scares
millions of gun owners)
"Have you ever been convicted in any court of a felony, or any other crime, for which the judge
could have imprisoned you for more than one year, even if you received a shorter sentence
including probation?"
"Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic
drug, or any other controlled substance?"
Arthur has to write down the type of gun -- the make and model and the serial number. Then, he
calls the FBI's Criminal Justice Information Services Division, in Clarksburg, W.V., and he gives
them only the most basic information: name, address, driver's license number.
Buying a pistol
In Maryland if you want to buy a semi-automatic, like the AK-47 on the wall, would require
additional paperwork.
First, you need to show Arthur your certificate from a firearms safety training course. (You can
take one online in 30 minutes.) Then, there's a form that lets the Maryland State Police check for
any record of a mental disorder or violent behavior.
"It's just four more pages of paperwork," Arthur says. "It's just red tape."
On another form, you have to list current and past employers, and 3 personal references.
According to Arthur on handguns and semi-automatics, "They get the make, the caliber, the type,
the finish, the barrel length, the model, the serial number, and what country of origin it was
from."
You do this in quadruplicate. Arthur mails one copy to Maryland State Police Headquarters.
Police backlogged:
State Police Headquarters is in Pikesville, outside of Baltimore. Several investigators go through
applications, checking 16 databases. By law, the State Police have seven days to do this. If Bob
Arthur doesn't hear back from the State Police after seven days, Maryland law says he and the
customer don't have to wait any longer. He can hand over that Colt pistol.
Right now, Arthur says a state background check takes a month. Looks like they get the pistol
anyway!
If you buy a firearm from someone else -- a friend, someone you met online, odds are there
would be no background check, no paperwork, and no record a transaction took place.
Advocates for universal background checks say they would ensure fewer guns end up in the
hands of people who shouldn't have them, and more data would make it easier for law
enforcement to trace how criminals get guns.
"If we retained centralized information, even if just on the gun itself, then ATF could follow the
gun, not the purchasers", Wintemute says. He heads the violence prevention research program at
UC Davis.
That is possible under state law in California, where Wintemute lives. But that is not possible
nationwide. 179
Gun Shows
"The gun people have an obsession". Chris Matthews 180
Currently just 5 states require background checks at gun shows. 181
Although somewhat demonized in the press, just 4% of all gun sales come from gun shows and
about 90% of vendors are licensed dealers so their buyers would have to do the same NICS
background check as anywhere else. 182
NRA/Gun Owners of America
"We are unswayed by the complexities of modern life". NRA 183
The NRA is a nonprofit group founded in 1871 and currently has 5 million members. For 100
years it was a peaceful group but now it has problems with the Left and Center with its wacky
interpretations of the 2nd Amendment. Because of this, it sees itself as a persecuted "civil rights"
group--albeit an extreme Right one. And surprisingly, most gun owners don't like them nor
subscribe to their politics or their take on "freedom". Unfortunately for American society, most
politicians do. Another reason to 'toss the bums out'.
1930's
The NRA-- which fights against nearly every gun control law today-- was the polar opposite in
the '30's by supporting restrictive gun laws. The NRA's president, Karl Frederick, a NY lawyer
from Harvard, was a proponent of gun control who helped draft with the FDR Administration the
Revolver Act, the Uniform Firearms Act/National Firearms Act of 1934 and the Federal
Firearms Act of 1938: 183
"I do not believe in the general promiscuous toting of guns. I think it should be sharply restricted
and only under licenses".
NRA President Frederick 184
1960's
The NRA endorsed a federal law for a 7-day waiting period for background checks! Can you
imagine? A pamphlet noted:
"A waiting period could help in reducing crimes of passion in preventing people with criminal
records or dangerous mental illnesses from acquiring guns. This protects citizens of good
character". NRA Sec. Daniel 185
1990's to today
"Gun control has no place in a free society". Larry Pratt, Gun Owners of America 187
Thirty years later now its politics and monthly magazines does a complete flip-flop and states,
"that rogue government agents will start to go house to house, kicking in gun owners doors".
While other gun groups go more ballistic than an ICBM: 186
"Take away the guns and only the criminals will have them". Gun rights motto
Get in their way they toss out "gun grabbing" Demo's from office as what happened recently in
Colorado--a pro- gun state:
"Obama wants to erase the 2nd Amendment from the Bill of Rights and exorcise it from the U.S.
Constitution".
NRA CEO Wayne La Pierre 186
"The courts are slowly sucking the life out of our constitutional rights".
Larry Pratt, Gun Owners of America 187
What don't they want?
1). Illegal guns on the streets.
2). Too much government oversight/interference/legislation.
3). Don't want guns being registered.
4).The Brady Act.
"I do not think law-abiding people want every gun sale in the country be under the thumb of the
federal government...We all know that homicidal maniacs, criminals and the insane don't abide
by the law". La Pierre 188
"When all else fails, the 2nd Amendment is the one right that prevails. A capacity to live free
from fear. The right to keep and bear arms is our first freedom as American's".
Charlton Heston
5). Don't want mentally ill having guns:
"What's unfortunate is Obama's administration is doing virtually nothing for American's, making
sure that people who are dangerous don't have access to firearms". Chris Cox, NRA lawyer 189
But most politicians with any type of gun legislation still have to vet themselves through the
NRA's 'grinder' first to see whether it will pass or not.
And once enacted, weaker gun laws--including laws that protect against domestic violence:
In statehouses across the country, the N.R.A. and other gun-rights groups
have beaten back legislation mandating the surrender of firearms in domestic violence situations.
They argue that gun ownership, as a fundamental constitutional right, should not be stripped
away for anything less serious than a felony conviction — and certainly not, as an N.R.A.
lobbyist in Washington State put it to legislators, for the “mere issuance of court orders.” 190
And even in tragedies like the Virginia Tech massacre the NRA played gun group politics,
fearful that the findings by the Virginia Tech Review Panel might lead to stronger background
laws within Virginia. Pro gun rights parties viewed this larger move as an unwarranted
expansion and akin to 'full gun registration for all gun sales'. Undoubtedly this is a paranoia
which millions believe: 191
"Our Founding Father's understood that the guys with guns make the rules."
La Pierre 192
The GOP stance on guns today
Some of these outlandish remarks are why the GOP loses a lot of elections:
"We're not going to do anything about it [the mass shooting of the Congresswomen] because we
believe in the 2nd Amendment".
Senator Lindsey Graham (S.Car.-R)
To most Republicans, having the 2nd Amendment around somehow trumps even cold-blooded
murder. But apparently manyof our politicians are shallow and know nothing about its history:
"More government intervention in our lives with regards to the 2nd Amendment is unacceptable.
Those are rights that are sacred. People fought and died for and we're a party that is going to
stand up for them".
Priebus, GOP National committee chairman.
"Gun owners in America feel under siege by the very people who represent them".
Governor Rick Perry (Texas-R)
"We don't need a New York Mayor telling us how much salt we need or the size
of the ammunition magazines on our guns."
State senator Bernie Herpin (Col.-R) 193
"The fear of crime is why people want guns". 194
"I fail to see how passing additional laws that the DOJ won't enforce is going to make America
any safer".
Sen. John Cornyn (Texas-R)
"If my rights under the Constitution are limited by the sensibilities of others[for gun control] I
don't have a whole lot of rights."
Sen. Lindsey Graham (S.Car.-R)
The 2nd Amendment isn't your only "right" Senator...
"If gun rights are watered down or taken away the risk of tyranny will increase". 196
That line is straight out of 1791 but there's no historical basis for it.
Democratic Party's stance
By in large, the Democrat's political stance is always 'more government, more government
oversight' than the Republican's and this is the same with gun control as well:
"Legal scholars point out that the 2nd isn't absolute. Thus gun control measures would not
always violate it". 197
The NRA's style combines a vehement "patriotic" meanness with a ruthless willingness to say or
do anything to defeat even the most modest proposal to regulate guns". 198
Most Democrat's cower before the gun lobby... To the NRA it's always "High Noon". 199
Obama's State Senate Questionaire
I bring up this old document from Obama when he was campaigning in Chicago as a State
senator. He was very 'purist' in the Demo Party sense but unfortunately has backed way off that
stance for fear of alienating the 100 million gun owners, many who are also Democrats. This
document was filed when Obama was running for the Illinois state Senate in 1996. 200 A
Chicago nonprofit, Independent Voters of Illinois, had this question, and Obama took the hard
line. Of course at that time Chicago had a terrible murder rate with nearly 800 murders a year:
#35. Do you support state legislation to:
a. ban the manufacture, sale and possession of handguns? Yes.
b. ban assault weapons? Yes.
c. mandatory waiting periods and background checks? Yes.
The Demo's Wish List:
1). Strengthening the background check system,
2). Reinstating the "assault weapons"(semi-auto) ban from 2004.
3). Closing the gun show "loophole" so that guns do not fall into the hands of
the irresponsible, law-breaking few. 201
4). Mandatory child safety locks.
5). Require a photo license I.D., a background check, and a gun safety test to buy a new
handgun. We support more federal gun prosecutors.
6). Large capacity magazine restrictions. 202
7). National gun registry. 203
8). Criminalizing 'straw' purchases including buys from friends/relatives.
9). Gun trafficking. 204
Obama:
"We have a violence on the streets that is the result of illegal handgun usage.And so I think there
is nothing wrong with a community saying we are going to take those illegal handguns off the
streets. And cracking down on the various loopholes that exist in terms of background checks for
children and the mentally ill. We can have reasonable, thoughtful gun control measure that I
think respect the Second Amendment and people’s traditions". 205
What Obama didn't mention is that criminals and anti-socials of all ages use guns illegally--guns
don't shoot themselves:
"Guns and domestic violence are a lethal combination. We need to close this gaping loophole in
the law". Senator Blumenthal, (D-Conn.)
New legislation by U.S. Sens. Dick Blumenthal and Chris Murphy (Conn.-D) would help protect
women from retaliation by preventing men with restraining orders from having or buying guns.
"Democrats: Still not enough support for more gun legislation".
The tragedy hasn't changed the political reality in Congress where any legislation affecting gun
owner's right doesn't have the support to pass. "We don't have the votes," Senate Majority Leader
Harry Reid, D-Nev., said when asked if the shootings at the Navy Yard could support tougher
background checks and making it harder for people w/ mental illness to buy guns.
The Senate tried and failed to pass stronger gun legislation earlier this year in response the Sandy
Hook Elementary school massacre. In Congress Demo's acknowledged that the political risks for
taking such votes are high and help explain the reluctance among lawmakers to support tougher
gun laws.
That is imaginary as the public wants more oversight...
The Courts-- not ethical
Without a Supreme Court willing to come out from under the umbrella of legal gymnastics and
demand enforcement of laws protecting citizen's rights, even constitutional amendments are
hollow. 206
We cannot rely on the justice system to control crime. 207
Due Process [the courtroom] has had a checkered history in the courts. 208
This may seem odd and contradictory but our civil court system--from county to state to federal
to the Supreme Court-- are not ethical. Instead they are judgmental. In our democracy they listen
to both sides of the argument then enter a judgment according to whatever interpretation of the
archaic laws are. Ethics are not part of the equation--including the laws themselves which may or
may not be 'ethical'--just the legal argument.
My point is because the Constitution is so antiquated and vague concerning our publics right to
safety that the courts quite often do not look into the historical setting of when it was written.
The Supreme Court, like Heller or McDonald take it literally, overturn the public's vote and the
public loses! Meanwhile, our police sit on the sidelines watching which way the courts are going
to lean.
The local police
When it comes to fighting crime cops are reactive--not proactive. They would rather chase the
criminals. They are not interested in reducing crime. If that happens then it's by-product. 209
One would think since they see the brutality of guns close up away from TV reporters and
cameras cops would be against all guns and gun violence but that's hardly the case. From what
I've noticed over the decades many cops are amoral when it comes to siding with ordinary
American's over any sort of gun control, background checks or even on Capitol Hill. Think of
when was the last time you've watched a 'cops against guns' on a newscast outside of huge
problem areas like Chicago or New York? The obvious reason is they like the paramilitary
excitement of chasing criminals! For most of them it's their job and they get paid for it! It gives
them something to do. Another reason our police cannot be trusted with the real public's interests
at heart anymore.
For example, in Colorado recently when some Demo's tried to toughen background checks and
limit the size of gun clips their Sheriff's joined in a lawsuit against them claiming it was
"unworkable and unconstitutional!" 210
Criminals
Where do criminals get their illegal guns? About 80% get them from friends, family or bought
them on the street. 211
While arrests and conviction rates, prison and the death penalty all reduce murders, generally
they have no significant effect on public shootings... In the deranged minds of the attacker their
goal is to kill and injure as many as possible. 212
Oddly lost in all the hoopla over the modern meaning of the 2nd Amendment, guns and violence
are the scum balls, retards, psycho's, druggies and lowlife's who take the law into their own
hands, making up their own rules as they go along.
I've been around them and they are definitely people from another planet (but cops like them
since they're easy to arrest):
We hypothesize that men murder by their way of thinking. They prefer fantasy over reality.
Their themes are dominance, revenge, violence, power, control, torture, mutilation, inflicting
pain and death. These fantasies eventually move into action. 213
A detailed and lengthy examination of the mind of a criminal will reveal no matter how bizarre
or repugnant the crime, he is rational, calculating and deliberate in his actions--not mentally ill.
If a youth wants to get a firearm, he figures out how to get it. The central issue isn't our gun laws;
it's all about the mentality of that person. 214
Except the government can't change people's mentality any more than a child's--so now we need
to take their toys away...
This is life in American cities now where life is cheap and all the 'talking to's' to these kids go in
one ear and out the other. Regardless, Dr. Samenow's book is exceptionally horrifying at the
mentality of about 1 out of every 100 people in America and why these shootings get more and
more brazen and bizarre with every passing year. Another reason why cops are on edge and
military-like in nearly every state:
"Unyielding, uncompromising and unforgiving--his attitude is 'I'm going to hold my ground if it
costs me everything--even if I kill someone'. 214
"To most criminals 'messing up' usually means getting caught. Not the offense itself." 214
One guy who shot his victim during a robbery on the street [ATM], "It wasn't my fault that the
guy was crazy enough to risk his life over $50!" Remorse for the victim, is existent, is shortlived. 214
Nationally, these are the 100's of thousands we hear about in the news everyday and why
federally shouldn't be allowed to own a gun:
Three People Killed During Shooting at Spa Outside Of Milwaukee--
Brookfield Chief of Police Daniel Tushaus (L) speaks to the media where three people were
killed and four others wounded after a mass shooting on October 21, 2012 in Brookfield, Wis.
Earlier I spoke about 'marginal types' and this next incident happened in Florida with its legal
'open carry Zimmerman laws'. Unfortunately for them, most police departments today try not to
heed our 4th Amendment which places 1000's of cops at risk. Of course they really don't care
anyway since most cops love shootouts with everybody and everything:
Policeman shot to death rummaging through backpack
Defendant: "He deserved it... He fuckin' violated my rights by goin' through my shit... 215
Domestic violence
Most murders in the home are by family members or acquaintances--not an intruder. 216, 217
Many men 'poo-poo' domestic violence as an ordinary and inevitable cost of being married or in
a serious relationship with an intimate partner. I'm not disputing that here... Some stats:
Intimate partner homicides account for nearly half the women killed every year, according to
federal statistics. 218
Abusers who have access to a gun are more than seven times more likely to kill their partners.
By some estimations, the presence of a gun in domestic violence situations —no matter who
technically owns it —increases the risk of homicide by 500%. 219, 220
Inside the 1994 Crime bill included domestic violence provisions (over the
objections of the N.R.A. of course) that barred people with restraining orders from purchasing or
possessing firearms. But in a nod to the gun lobby, the statute excluded most people under
temporary orders, on the ground that they had not yet had the opportunity to contest the
accusations in court.
The woman's affidavit wasn't good enough! In other words, NRA wanted a felony conviction &
a restraining order first before the guns could be taken away.
221, 222
This was the new legislation that was enacted after the Virginia Tech massacre and it pleased
both the NRA and George W. Bush--and why wouldn't it since the mandates from the states were
voluntary. Gun states like Texas wouldn't be required to send 'red flags' to the NICS. Thus the
law was toothless:
A very large number of murders arise from unintentional fits of rage that are quickly regretted
and simply keeping guns out of people's reach would prevent that. 223
One famous murder/suicide was SNL's Phil Hartman who was killed by his wife. They had
naively kept the gun for "protection".
Another recent example:
Deborah Wigg had requested a protective order against her husband, Robert Wigg, who had
assaulted her. He owned a pistol.
Later, Ms. Wigg and her co-workers at an accounting firm openly fretted about the weapon.
She agreed that every morning she would call a partner at her firm, so he could make sure she
was safe. Months later on Nov. 8, 2011 at 11 p.m. Wigg, 43, showed up at his wife’s home,
began ringing the doorbell and pounding on the door. Ms. Wigg called her parents. Her mother
told her to hang up and call 911. But as her mother and husband were heading over, Wigg
smashed through the door and into the house. Her parents arrived to find a neighbor bent over
their daughter’s bleeding form, screaming, “Debbie, don’t leave me!”
“When we got to her, those beautiful blue eyes were already set,” her mother said. Ms. Wigg
died of a single shot to the head.
After shooting his wife, Wigg drove to the Browns’, apparently to kill them as well. Instead he
killed himself in their front yard.
“It astounds me,” the father-in-law said. “I cannot believe we have a society where a person has
physically abused another person and been charged with assaulting her and that they don’t
automatically take away his weapon.” 224
Hostages taken in Irvine home invasion-Irvine police late tonight were at the scene of suspected hostage situation involving an armed
man who stormed into a home in the Woodbridge neighborhood. At least 3 people were being
held in the home Lt. John Hare of the Irvine Police Department. He said the suspect had “some
sort of firearm” and was “an associate of the family.”
The incident began about 9 p.m., Hare said. Police cordoned off several blocks surrounding the
home, evacuated some nearby residents, and helicopters were circling overhead.
Harris said police had not spoken with the suspect. “We have negotiators standing by,” he said.
225
A domestic system that's working-In the mid-1990s, Wisconsin became one of the first states to require the surrender of firearms
with full protective orders. 226
Another state with strict laws in this arena is California, where anyone served with a temporary
protective order has 24 hours to turn over any weapons to local law enforcement or sell them to a
licensed gun dealer.
Enforcement, however, has been inconsistent. So in 2006, the state set up pilot programs to
increase enforcement in San Mateo County, a mostly white-collar community, just outside San
Francisco. The programs’ money dried up in 2010 with the state’s fiscal woes, but it sought other
financing because it believed that its program was saving lives.
“We have not had a firearm-related domestic violence homicide in the last 3 years,” said Sgt.
Linda Gibbons, who oversees the program as the head of the major crimes unit in the county
sheriff’s office. Last year alone, the program took in 324 firearms through seizure or surrender
from 81 people, out of more than 800 protective orders it reviewed.
Every morning, Detective John Kovach, who handles a range of domestic violence
investigations, reviews a stack of protective orders filed the day before — generally 15 to 20 a
day — looking for any mention of firearms.
Usually, a handful of orders a day will contain some reference to guns, which Detective Kovach
follows up on. He sometimes contacts the person protected by the order to find out more. He also
checks various law enforcement databases, including one available in California that tracks
handgun purchases.
He goes out once or twice a week and serves the restraining orders himself. Usually, he says, he
tries to collect firearms immediately, employing a well-honed sales pitch about helping the
person comply with the law. If he believes beforehand that the person might not be cooperative,
he will sometimes request a search warrant.
“My experience is the quicker you act, the more successful you’re going to be,” he said. “Every
murder, when you look at it, there are always points where law enforcement could have made a
difference,” the detective said. “I don’t ever want to be that guy who goes to sleep knowing he
hasn’t done everything to protect the public.”
As a cop, Kovach may be 1 in a 100...
Gun Violence-- the real cost: $100 billion dollars a year
That is the annual cost of gun violence in America according to the authors of this landmark
study. But is this a "good for business" model for hospitals, doctors, nurses, physical therapists,
gun manufacturers and the police we want to see on the news every day? 227
Accidental shootings
The gun lobby doesn't let the lives of its children get in its way of any law restricting access to
guns. 228
Accidental shootings are not accidents. Someone was at fault, as either the gun was out in the
open or unlocked by a parent. If I'm a drunk driver and I hit and kill someone do I claim it was
an "accident"? Not in a court of law. I am culpable and I'm going to get 5-10 years in prison.
Charges Possible in Death of Kentucky 2-Year Old Shot by Brother-The heartbreaking death of a 2-year-old Kentucky girl who was shot and killed Tuesday by her
5-year-old brother with a rifle he had been given as a gift might lead to criminal charges. 229
Dr. Denise Dowd, an emergency room pediatrician at Children's Mercy Hospitals in Kansas City
who co-wrote the American Academy of Pediatricians policy on children and guns, said she was
'blown away' that anyone would give a rifle to a 5-year-old. 'We don't give our kids the keys to
our car and there is a good reason for it,' she said."
But the newspaper writes, "community and business leaders in Burkesville said they strongly
support the couple and saw nothing unusual about giving a rifle to such a young child. 'Learning
how to use a gun at a young age has been common for generations in rural Kentucky,' said
County Judge-Executive John A. Phelps Jr. He said it was a 'mistake' to let the boy have access
to the rifle, 'but it was an accident.' "
“Handguns account for the majority of childhood gunshot wounds and this number appears to be
increasing over the last decade,” said lead study author Arin Madenci, MD. “Furthermore, states
with higher percentages of household firearm ownership also tended to have higher proportions
of childhood gunshot wounds, especially those in the home.” 230
Police: 4-year-old boy shoots and kills toddler brother, using father's gun-According to investigators, the two brothers were playing with the handgun, found in a bedroom
at their Minneapolis townhouse when the 4-year-old shot his younger brother. The toddler died
in the ambulance, officers said. 231
Yahoo comments:
kleng
"Parents should be held liable about this. GUNS are meant to be kept in a safe place where
children can't reach them! My God! What is wrong with you parents? "
pepper1311
"We are farmers and have guns. We also have a gun safe, the safe cost $1100.00 less then a top
of line shot gun. If you fear home invasions , lights, locks, windows upgrades, are cheaper then
loosing a child or anyone else. Lock the fu@@king things up."
Firearm suicides
The combination of suicide and homicidal impulses is particularly dangerous because it is hard
to prevent murder when killers don't care if they live or die. 232
Some say if people want to kill themselves that's their choice.
Number of deaths: 19,392 (2010) 233
That maybe true but having an easy access to a firearm is a fatal link. I personally knew someone
recently who got depressed and shot himself in the shower with his gun lying around. Of course
our families were all sickened by that:
In 2005, an average of 46 Americans per day committed suicide with a firearm and 80% of all
suicide attempts are impulsive. Among people who made suicide attempts 25% took less than 5
minutes between the decision to kill themselves and 70% took less than 1 hour. 234
When I was 19 and stupid I tried to kill myself too... I wanted to die but I remember thinking that
a gun would be too bloody and others would have to clean up the mess. 'I'm too nice for that' I
remember thinking... So I decided on a nice, clean overdose and ended up in the hospital passed
out for 3 days... My point is suicidal people can always find a way somehow but a having a gun
lying around "for protection" often ends the person's life a lot sooner than they might have
planned. And in hindsight I'm always thankful I didn't die--that have been the worst...
Teen homicides/ Juvenile Shootings
In 2010, firearms were the instrument of death in 85% of teen homicides and 40% of teen
suicides. 235
It's not too hard to figure out where kids get their guns from: at home or relatives. Couple that
with imagery from today's TV/movies/video games/Internet and the mix can be "very un-family"
oriented:
With guns Harris felt invincible. The day he bought his first gun he wrote: "I feel more
confident, stronger, more God-like". 236
All school shooters are angry. How do you go from being a nobody to a somebody? Through
violence. 237
Like you see on prime time TV--America's lethal combination of extreme inequality and easy
access to guns...
A new law in California (where else?) says that parent's are now liable in juvenile shootings :
Existing law [AB-231] establishes the offenses of criminal storage of a firearm when a person
keeps a loaded firearm within any premises under his or her custody or control, the person knows
or reasonably should know that a child is likely to gain access to the firearm without the
permission of the child’s parent or guardian, and a child obtains access to a person’s loaded
firearm resulting in death or great bodily injury. 238
Depending on the damage, the owner of the gun can be slapped with misdemeanor or felony,
including prison.
Wrongful death
The federal government and nearly every state have passed tort [civil] claims acts allowing them
to be sued for the negligence, but not intentional wrong.
Knox Law Center
Wrongful death claim exists when a person dies due to the legal fault of another person who can
be held liable. A wrongful death action is separate from criminal charges. A dead person cannot
bring a suit so this created a loophole so which the claim is brought under a civil action, usually
by close relatives. However, most people using guns aren't exactly rich so the eventual judgment
wouldn't be great even if the judge ruled against the defendant. The killer's home owner's policy,
I'm assuming, may or may not hold up under a civil suit. Under our State’s laws,
a person harmed as a result of the negligence of another can sue for recovery
of damages if the wrongdoer refuses to compensate the injured person.
When negligence is the result of State action, different rules apply to a civil claim for damages.
A civil claim against the State to recover for damages generally must be made under the State
Tort claims Act.
To many families a wrongful death by gun is devastating even years later. In the article below
the victim was unarmed:
Justin Hertl's Family Still Seeks Answers a Decade after Fatal Shooting by Anaheim Police-239
Apparently this was a case of mistaken identity but the pain didn't somehow subside.
Justin Hertl
Another recent example is Gabriel Fernandez, 8, who was
killed by his mom's boyfriend despite 60 reports of abuse to
his school and Dept. of Social Services. 240
Government agencies can be sued (Dept. of Transportation,
Dept. of Commerce, schools, etc.) but the People cannot
sue the federal government per se for wrongful death or
injury. 241
Wrongful death lawsuits usually require the following vital elements to prove the defendant's
guilt:
1). The surviving family members suffer financial burden due to the loss of their loved one.
2). The appointment of a legal counsel for the decedent's assets.
If you have a claim against the feds, often your only option is to sue the federal government
under the Federal Tort Claims Act (FTCA). 242
Wrongful Injury
gunshot victim in L.A.
More guns in a community lead to more homicide. 243
When the accident was the fault of someone else, the injured party may be entitled to monetary
compensation from the person whose negligent conduct caused the injury. Medical expenses
including hospital expenses and therapy may be recovered. The amount of compensation is
largely based on the severity of the victim's injuries. The severity of loss is measured by the
amount of medical bills, the type of injuries sustained, and the length of time for recovery. In
addition, in cases of extreme negligence, punitive damages may be recovered to ensure that the
conduct is not repeated in the future. Again, the way the laws are written seldom protects the
average Joe...244
Crime Victims Rights Act 2004
The criminal's anger stems from the fear of not being in total control; that things will not go his
way... The notion that criminals should learn to manage their anger through court-ordered "anger
management" classes in tantamount to trying to catch a tidal wave with a bucket. 245
This legislation was enacted more over stalking than homicide but because the provisions are so
weak and lame Congress should never have bothered to lift the pen in the first place--showing
Congress's real fear of the gun lobby or just how stupid they really are. If you're a gun victim this
Act would not cover your ass:
1. The right to be reasonably protected from the accused.
2. A notice of any court proceeding.
6. The right to timely restitution.
8. The right to be treated with fairness and respect.(!)
Victim Assistance/ Office for Victims of Crime
This is a federal umbrella program under the DOJ that gives grants to states for crime victims. In
2012 the grants were around $557 million dollars (about $200 million less than prior years). The
victim or victims, in turn, apply through each state for the grant. However, that is just a fraction
of the $5 billion hospital bills for gunshot victims alone and the victim would be liable for the
remaining 90% of the hospital costs. 246
Victim assistance includes, but is not limited to, the following services:
Crisis intervention, emergency shelter/transportation, counseling, criminal justice advocacy. 247
Sovereign Immunity
Elementary school civics classes taught most of us that government is given the “power of the
sovereign” by “the people.” Just like a king or queen (a sovereign) enjoyed immunity from
prosecution or suit in times past, our federal, state and local governments enjoy a fairly robust
degree of immunity from being sued by citizens. The obvious downside is the limitation on a
citizen’s right to sue when he or she is harmed. Keep these concepts in mind when you debate
lawsuits against the government. 248
Because of the way laws are written this is not good news for many gun victims when applying
negligence to states for legalizing guns. However in the '90's a lot of us went through the O.J.
Simpson trial and 1997 a civil court awarded a judgment against Simpson for their wrongful
deaths; the court awarded the Goldman's a $33 million judgment. To date O.J. has paid little...
But since most courts treat older cases 'in a like manner' to offset biases, so any other wrongful
death suits filed within the same state may also get the same result. And each state has its own
laws.
Civil rights
Civil rights involves the rights guaranteed to U.S. citizens by legislation and by the Constitution.
Knox Law Center
We all have civil rights but as I've pointed out earlier our justice system does its best to break
them. Much later, before a judge and often at a large cost to ourselves, are our civil rights
"redeemed".
In this example the People are able to sue the government for infringement on any rights, not just
gun violations. Although I'm certainly not a fan of the hateful Taliban here is one recent
example:
Hamdi v. Rumsfeld
The Background of Hamdi v. Rumsfeld (2004) 249
In 2001, the Defendant Yaser Hamdi was arrested in Afghanistan in the midst of the military
operations undertaken by the United States in that region. Although Hamdi was a citizen of the
United States, he was apprehended while fighting alongside the Taliban, although he denied he
was fighting. Upon his apprehension, Hamdi was extradited to the United States and detained at
a military prison within the State of Virginia. Within his apprehension, Hamdi claimed that he
was denied legal counsel; Hamdi also claimed that he was being unlawfully detained and
accused the Federal Government of violating his 8th Amendment Rights, which entitle
American Citizens to subjugation to due process; this not only requires a fair hearing to take
place – in addition to the provision of legal counsel - but also provides protection against
unlawful detainment. A month or so later the case went to the Supreme Court.
Verdict Delivered:
The Supreme Court under Chief Justice Rehnquist ruled in favor of Hamdi, stating that his arrest
had violated the Due Process Clause outlined within the Constitution; this clause is defined as
the government’s obligation to respect and uphold the legal rights of its citizen in the event of an
arrest; the government must retain an individual’s human rights and liberties – this includes fair,
respectful, and ethical treatment devoid of undue violence and harm. The ruling stated that
Hamdi would be entitled to a fair trial in accordance with the 8th Amendment. 250
In the same manner, it is the government's obligation to uphold our legal 5th and 14th
Amendment rights in the case of an injury by firearm.
Section 1983
This U.S. Code is part of the Civil Rights Acts of 1871. This section of Title 42 (early 2000's) is
the primary means of enforcing all constitutional rights. It provides:
Every citizen for the deprivation of any rights, privileges, or immunities secured by the
Constitution and laws, shall be liable.
The Supreme Court began accepting an expansive definition of rights, privileges, or immunities.
The former statute permits federal district courts to hear cases involving the deprivation of civil
rights violating someone's federal rights.
Federal courts are authorized to hear cases brought under section 1983 pursuant to two statutory
provisions: 28 U.S.C.A. § 1343(3) (1948) and 28 U.S.C.A. § 1331 (1948). The former statute
permits federal district courts to hear cases involving the deprivation of civil rights, and the latter
statute permits federal courts to hear all cases involving a federal question or issue.
Hate crimes
To me the term "hate crimes" is idiotic because what criminal commits a crime "in love?" Most
serious crimes--burglary, assault, murder or attempted murder--are all crimes of hate. In this
sense hate crimes are usually crimes of bias or prejudice directed at the victim(s).
They are not common but here is one example:
The prosecution proves that Damian, a White ex-con, fired several shots from a gun through the
window of a neighbor's home that is owned by a black family. He wanted to intimidate the
owners into selling their home and moving out of the neighborhood. Damian may be convicted
of a hate crime because he attempted to interfere with a Black American's right to own a home.
Apprendi vs. New Jersey, US Supreme Ct., 2000
Mentally Ill
"The major gun problem: mental illness, violent video game addiction, childhood isolation
[latchkey kids] and parental denial."
Dr. Earl Biren, trauma surgeon in South Central L.A. 251
Recently there's been a lot of shootings where the shooter clearly had mental problems and
grabbed a gun to act those out. Thankfully most individuals with psychiatric disorders are not
violent but that doesn't mean they don't or can't make themselves "mentally ill" or for that matter
like being "mentally ill". 252
Psychiatry is a relatively new field and despite its pedigree is not a science since people's
mindsets and thoughts cannot be accurately diagnosed--just guessed at. Why? Because a true
science is observable and someone undergoing therapy can change their minds anytime.
Types
A borderline personality disorder, antisocial personality disorder, conduct disorder, and other
personality disorders often manifest in aggression or violence.
Sometimes those that are 'borderline' drop clues to others, like 'that guy should die', or 'I hate the
TSA', or 'I hate Muslim's' and then possibly act those out.
It's important to keep in mind that both serious violence and serious mental disorder are rare
events. But in the MacArthur Violence Risk Assessment Study the most likely targets of
violence are family members or friends (87%) while the violence typically occurred in the home.
Also discharged patients were less likely to target complete strangers (10.7%) 253, 254
Assault weapons
When the 2nd Amendment was written the Colonists used muzzle-loaders which could shoot off
maybe two rounds a minute. In that War that seemed fair enough... Automatic guns were
outlawed in 1986 but the military-style "assault weapons" now can still fire 150+ rounds a
minute even in semi-auto mode. Still under our rotting, archaic gun laws...
To the uninitiated their popularity is puzzling but if you browse through a Barnes and Noble and
checkout the gun magazine section over half of them are on assault weapons! In one store I
counted almost 20 gun magazines alone! If that's a childhood obsession so be it-- but the local
cops don't like the parity much:
Unfortunately the police are finding themselves increasingly in the sights of military-style guns,
wielded by criminals, the unstable and radical extremists... After one 3 hour shootout inside a
house in Pittsburgh where three cops were killed [even with body armor] one cop lamented:
"We were totally outgunned--pistols against assault rifles".
Sargeant James Kohnen 255
Concealed weapons/defensive uses
Firearms are rarely used to kill criminals or stop crimes. 256
There are about 2,000,000 concealed weapon permits in the U.S. and the vast majority of
defensive gun uses do not involve killing or wounding an attacker. 257 Defensive stats on gun
use vary wildly from 55,000 a year to over 1 million. 258, 259 However the jury's still out on
whether or not it reduces crime. While media coverage on defensive uses of guns are rare as I
seldom hear of any 'hero incidents' other than victim's getting shot by a spouse or some
carjacker. The Zimmerman case can bear this out... But lately concealed gun permits are getting
more and more popular despite reasons for carrying a gun that can be mythic. And while we
often hear the NRA and other pro-gun group's pep talks of how to be a overpowering 'Clint
Eastwood type' the reality can be far different. These are recent examples:
Man shot dead over fracas over repossessed car-Halsell, Alabama
Jimmy Tanks, a 67 year old retiree, heard noises outside his trailer park home and grabbed his
gun. The noise was the tow truck driver legally repossessing his car. Shots were fired and Tanks
was killed. 260
Man throwing popcorn in theatre shot dead
A moviegoer texting with his daughter's day care center during previews was shot by a retired
Florida cop .The victim had tossed popcorn at the man telling him to mind his own business
when the assailant pulled out a .380 pistol and shot him in the chest killing him. 261
Like the Zimmerman scenario, I believe that a concealed weapon permit gives owners the option
of life and death over others:
When a victim retaliates the criminal may flee. More often however, such a challenge fans the
flames of the criminal who's determined to win at all costs. 262
Wouldn't be far easier for the criminal not to have access to weapons in the first place? So why
are we protecting the criminals over our literal interpretation of the archaic 2nd Amendment?
Gun ownership has been found to increase the risk of suicide and homicide, which "could cancel
or outweigh the beneficial effects of defensive gun use." 263
Defensive Gun Use Facts:
Contrary to the NRA propaganda few criminals are shot by decent law abiding citizens:
Using data from surveys of detainees in six jails from around the nation, Harvard University
worked with a prison physician to determine whether criminals seek hospital medical care when
they are shot. Criminals almost always go to the hospital when they are shot. To believe fully the
claims of millions of self-defense gun uses each year would mean believing that decent lawabiding citizens shot 100's of thousands of criminals. But the data from emergency departments
belie this claim, unless 100's of thousands of wounded criminals are afraid to seek medical care.
But virtually all criminals who have been shot went to the hospital, and can describe in detail
what happened there. 264, 265
2. Criminals who are shot are typically the victims of crime-- not by citizens
Using data from a survey of detainees in a Washington D.C. jail, Harvard worked with a prison
physician to investigate the circumstances of gunshot wounds to these criminals. We found that
one in four of these detainees had been wounded, in events that appear unrelated to their
incarceration. Most were shot when they were victims of robberies, assaults and cross-fires.
Virtually none report being wounded by a “law-abiding citizen.” 266, 267
3. Adolescents are far more likely to be threatened with a gun than to use one in selfdefense.
Harvard analyzed data from a telephone survey of 5,800 California adolescents aged 12-17,
which asked questions about gun threats against and self-defense gun use by these young
people. We found that these young people were far
more likely to be threatened with a gun than to use a gun in self-defense, and most of the
reported self-defense gun uses were hostile interactions between armed adolescents.
4. Guns in the home are used more often to intimidate intimates than to thwart crime.
Using data from a national random-digit-dial telephone survey conducted under the direction of
the Harvard Injury Control Research Center, we investigated how and when guns are used in the
home. We found that guns in the home are used more often to frighten intimates than to thwart
crime; other weapons are far more commonly used against intruders than are guns. 268
"Gun Free" Zones
Many schools now have signs outside reading "Gun-Free Zone" which means concealed
weapons aren't allowed.
However, this can be an open invitation to maniacs with guns that they have about 5-30 minutes
to kill before the cops get there.
Nevada student, 12, shoots teacher dead; wounds two before killing self-A 12-year-old student armed with a handgun shot and killed a popular math teacher and critically
wounded two classmates before killing himself at his Nevada middle school on Monday shortly
before classes were due to begin, police said. 269
Are the "freedom" of guns without restrictions the price for living in America now? Where
school teachers are murdered in front of students in the class? This was unthinkable just 20 years
ago. What are hundreds of kids from this school going to think the rest of their lives? Tough
luck?
Taking back the guns-- Chicago
Police are seizing 130 illegal guns a week CBS News
If you reduce weapons you will reduce crime.
Chicago police superintendent Garry McCarthy 270
In 2013 Chicago police have seized over 6,500 illegal guns to bring down both its crime and
murder rate but how they did it wasn't mentioned in the report. Obviously criminals aren't
holding their guns out to the cops to take them so that means the cops are going after them at the
source--cars, houses and apartments. But what kind of warrant are they getting or are they
getting one at all? Civil libertarians and minorities might scream bloody murder but do they
scream when illegal guns are taken off the street unable to do any more harm? Which is worse?
This also proves my overall point that the Constitution is out of date and out of touch with reality
on the ground.
12 common sense examples to slow gun violence:
1). Overturn the 2nd Amendment.
Compared with just about anywhere else with a stable, developed government — and many
countries without even that — the more than 11,000 gun-related killings each year in the United
States are simply off the charts. 271
Admittedly this would be a long-shot but it is feasible as who would have thought in the 1970's
that a lone woman from Texas could overturn a 50-state ban on abortions? Well the Court did it
for her... Well now what choice do we have? Just accept 70,000 gun deaths and injuries every
year as part of "living in the USA with its freedoms?" That's not freedom no matter what the 2nd
Amendment says... Currently, Britain is the only country with a gun ban--although other
countries like Australia and Japan are close.
2). A moratorium on manufacturing guns.
In 2011, guns were used in only seven murders in Japan — a nation of about 130 million and
400,000 registered firearms. 271
This would be a more practical answer to our nation's gun overkill... I believe 270 million guns
outstanding is enough, don't you? Why make it easy for criminals to purchase guns and reign
havoc on civilized society like politicians and our courts are letting them do now?
3). Ban handguns
Handguns are used in about 80% of all gun crimes while and banning them still wouldn't
overturn the 2nd Amendment per se. Of course criminals could still use a knife or a club but it's
much easier to run from those than a hail of bullets since in many handgun murders victims are
shot about 3 times.
3) Free government trigger locks.
I hate to point to the government to fix our stupid problems but certain cases there's no one else
to heed the call... The federal government always steps in like Big Brother but over our safety
issues (emissions, seatbelts/auto safety, roads, planes etc.) and here's where they can do the
same. This lock is about $10. The government could buy 10's of millions of them for maybe
$2.00 apiece. National tragedies like Newtown would have been prevented had the mother
locked the
guns up as would all juvenile suicides.
4). State incentives for NICS compliance
The 50 states are pretty much autonomous and make their own state constitution's, however most
states don't send their background checks to the fed's for whatever reason allowing 10's of
millions of gun owners to slip through. Would the fed need to bribe states to comply?
5). National registry for all guns
This is self-explanatory and would trump the NICS since most states don't comply with its
program anyway.
6). Gun tracing
The gun is test-fired and the sample casings are kept on file. This is exactly what all police
dept's do to separate their bullets from others. In a lab each casing has its own DNA which is
matched with the guns serial #. In crime scene's casings are often found.
6). Longer waiting periods for gun buys
Like I've maintained, people that use guns on other people are angry. The Harvard medical study
group recommended a 28-day waiting period for guns, like in Canada.
7). Social Security number required
Even though it's not considered identification it's always used for tracking credit card #'s and
credit reports which are often up to date within the past year. If just a driver's license is given
with one address, and no tickets on the license, then tracking a potential felon is almost
impossible. Today police track people now by their cell phone #'s and credit card usage which
they could obtain through their social security number.
8).Handgun ban under 30
As society already knows, many young people have poor judgment and do stupid things.
Criminologists, cops and mostly insurance companies also know that. Statistically most guys in
prison are in their 20's. Also insurance rates for drivers go down at 25+. This would be a 'safety
net' that would save lives and injuries by handguns.
9). National fingerprinting
This would be NICS regulated in all 50 states and not just a few. As "Big Brother" as that sounds
we are already nationally "fingerprinted" by our social security #'s which is far more intrusive-addresses, employment, credit files, and criminal history. But buying a gun statistically can mean
many things--are you using it for house "protection" or to take revenge on a girlfriend, spouse or
employer? The government has no way of knowing.
10). Keep teens away from guns
Notice in newspapers how many teens are in car wrecks and someone injured or killed? It's
because teens don't have the experience to know how to drive in all situations. Guns are no
different and a teenager holding a gun is just as unstable as they are behind the wheel. I know
that first hand since a 17 year old, not knowing how to drive, smashed into the side of my car
totaling it in a parking lot.
11). Local gun registration
This book gives many examples of the national DOJ gun-tracking system in complete chaos so
this could shift the emphasis to local gun tracking. In the gun-crazed city of Oakland, Ca. is
currently trying out a local gun tracking and registration. Advocates for the measure say that it
would "provide important data to law enforcement". 272
12). Mandatory 2-3 hour safety training course
No state allows a parent to hand their keys to their high schooler and says, 'have
fun!' without them having a license to drive. How can we be so stupid and think guns should be
any different? Prior to getting a license students must have completed 4 months of Driver's Ed +
a written DMV test + the driving test. This is to prevent injuries and death on the road. Shouldn't
we do the same with guns?
These safety measures are paramount now and would tighten up the existing weaker laws
that allow criminals of all ages to shoot us with near impunity.
Can the courts abolish the 2nd Amendment?
"Dissent is a necessary ingredient of change". Richard Nixon, 1968
Through the 14th Amendment we can see that Roe didn't happen overnight. But its Equal
Protection Clause for all women in the 50 states gradually changed their abortion laws, many
adopting reasoning that their own state laws would be eventually trumped by a federal law. And
no state wanted to go up against the 14th Amendment! The courts now could do the same with
the 2nd Amendment.
Also this same logic has been brought up very recently under gay marriages--that it's
unconstitutional to deny them equal protection--whether they deserve it or not.
Conclusion
Living is resistance, living is revenge...
I mean this within the laws and in a philosophical way but it's true--life is revenge. We work-our revenge is a paycheck. We labor and build--our revenge is a place to live. We study and go
to school and our revenge is a greater capacity to think and react. We push for certain laws and
we get (hopefully) more justice. So on and so on:
The public may be hypnotized by rose-colored fables of "gun rights" and socially impaired by
their lack of empathy. They believe that no sacrifice is too great for others to bear so that they
can enjoy their deadly toys and pretended defense of liberty. 273
The Left, including Obama (whether he admits it or not) would like to ban guns altogether. End
of problem. And since there's already 270 million in America already what do we need more
for? While the Right maintains that would be unthinkable--an erosion of our constitutional rights.
But I believe that America has an illness--an infection if you will--and one that won't be cured by
an aspirin.
Every 10 years over 10 million people in America are seriously affected by a gun death or injury
by gun (15 friends/family x 71,000 deaths/injury x 10 years). That's a very large city... I've
shown that the laws we currently have on the books to safeguard us and our kids from haters and
maniacs are still very minimal. Tens of millions of American's still believe that more guns mean
that's more shootings
and more embarrassment to ourselves and to our country. Therefore in order to change the way
Americans behave with their 270 million guns is to enact some sort of revenge--namely by
tightening, not loosening, our gun laws for the betterment of our society. We must eliminate our
all too easy access to guns--even if it means banging a few heads--which most people are afraid
to do.
I mentioned earlier that Madison felt the Constitution was a social experiment--which it was but
actually still is. It's not set in stone and to justify our gun laws now the same way as in 1791 is to
be disrespectful to the Spirit of the Founding Fathers who gathered up the guns after the War
was over. The Father's didn't even want a standing army and they certainly didn't use them to
shoot, rob and murder other Colonists who they considered "brethren."
That was the 20th century where through our courts the anti-gun laws got weaker and weaker
allowing all too easy access while the criminals and weirdos gained the edge against the lawabiders and the police. Is this our price of "freedom" built around an archaic document written by
transplanted Englishmen wearing powdered wigs?? Where our lawmakers are shot in broad
daylight and now have to learn how to walk and talk again all under the cover of the 2nd
Amendment?
Our Civil Rights Still Vague
Our civil rights have been often ignored by those in authority--police, courts and lawmakers--and
as we've seen more often than not it takes either a lawyer at $250 an hour for courtroom time or a
judge with 4 years of college plus law school to unravel or decipher who has the better
argument. Thus we can see that our "sacred Constitution" is not about truth after all and those
who claim it is don't know it very well. That is not a good Constitution. Changes within our
government must be made to further protect ourselves from criminals and abusers who'd rather
do their own thing.
What I've tried to argue is the 2nd Amendment, as written, has now become a dinosaur. A
questionable relic, as some friends attest. Its meaning is clear but the ramification of 270 million
guns in society is too much for its meager 15 words to handle. We see and read in the news
everyday that the Amendment buckles under its own weight and all we can do is shake our heads
and be glad we weren't a victim of its violence somehow. While politicians and the Right lamely
shrug and says, 'well, that's the 2nd Amendment and the Constitution. Nothing we can we do.
Let's blindly support it anyway'.
But whether the Right or the Left supports their own view still won't be able to change the
Amendment one iota--it's the courts, just like Roe, that will change this extraordinarily
destructive Amendment for our society. It's a decision we'll have to live with the remainder of
our lives.
___________
Notes-1. Sourced from "Control: exposing the truth about Guns", Glenn Beck, 2013
2. theguardian.com/datablog, September 17, 2013
3. Gallup "Self-reported Gun Ownership in U.S. highest since 1993", Oct. 26, '11
4. "Crime & Punishment in America", Currie, 1998/2013
5. Mother Jones, Feb. 27, '13/factcheck.org
6. USA Today, Jan. 9, '13
7. www.cdc.gov
8. The Blaze, "Small Arms Survey", March 19, '13
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13. "A People's History of the United States: 1492 to Present", Zinn, 2005
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15. "The Barbarous Years: the peopling of British North America 1600-1675", Bailyn, 2012
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27. "Non-Violence: a history of a dangerous Idea"
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32. "Non-Violence: a history of a dangerous Idea", Kurlansky, 2006
33. "Inventing Freedom: how the English-speaking Peoples Made the Modern World"
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35. "The Annals of America", Volume II. , Hillard and Brown
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41 "A People's History of the United States: 1492 to Present", Zinn, 2005
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56. "Don't know much about history: everything you need to know about American history but
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58. "Constitutional Chaos: what happens when government breaks its own laws", Judge
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62."Founders 2nd Amendment"
63. "A History of the American People"
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68. "A Dissertation on Slavery", Tucker, 1796
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131. LA Times, Nov. 28, 2013
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