Fire This School Board Next Election

Hard to believe school officials thought this was a good idea in Arizona:

A school district in a generally rural section of northwest Tucson, Arizona is asking the parents of high school students and junior high school students to pledge never to use guns or violence to resolve problems.

Well, if that problem is someone breaking down my door at 3AM, pardon me if I don’t think that might be a problem that needs to be solved with guns. From the pledge:

“I will teach, including by personal example, my teenager about the dangers and consequences of the misuse of guns and weapons, and I will keep any guns I own under lock, away from school grounds and away from my children.”

And yeah, back to the example, that might be a problem if I’m getting my door kicked in at 3AM. I’m guessing this is probably a school district with some problems, but parents who live in neighborhoods with problems have rights too.

An Obsolete Right?

A well thought out and written article on the Second Amendment, but it comes to a common and what I think is wrong conclusion:

This may have been fine when the Amendment was first conceived, but considering the changing context of culture and its artifacts, might it be time to amend it? When it was adopted in 1751, the defensive-power afforded to the citizenry by owning guns was roughly on par with the defensive-power available to government. In 1751 the most popular weapon was the musket, which was limited to 4 shots per minute, and had to be re-loaded manually. The state-of-the-art for “arms” in 1791 was roughly equal for both citizenry and military. This was before automatic weapons – never mind tanks, GPS, unmanned drones, and the like. In 1791, the only thing that distinguished the defensive or offensive capability of military from citizenry was quantity. Now it’s quality.

This is a pretty common argument. I’ll grant him, for the sake of argument, that the Second Amendment is primary founded on resistance to tyranny, even though our Courts seem to be more focused on the self-defense aspects of the right.

The chief mistake people make in this line of thought is to assume war is killing. That is not really the case. War is the use of force in an attempt to impose your political will onto others. Killing is just a means to accomplish that. If it were just about killing, the wars in Iraq and Afghanistan could have been settled in about thirty seconds, but they weren’t. Our goals in both cases was to impose a less outwardly militant democratic system of government on a population that had no tradition of it. When it comes to defeating an opposing army, all the things that make governments so remarkably powerful matter quite a lot. When it comes time to actually impose your political will, those things matter a lot less. A man in a tank can’t impose his will on me, he can only kill me. To impose his will he has to get out of the tank, plane, or ship, and essentially go from being a soldier to being a policeman, and at that point, we become a lot more equal. If our government ever wants to kill us, lots of us, we’re screwed. We have a much better chance resisting the imposition of someone else’s political will. It can be argued that firearms aren’t as important in that equation as other things, and I might agree with that, but such resistance is not beyond the reach of motivated individuals. The philosophies and attitudes that the right to keep and bear arms engenders in a population is likely just as important, if not more important, as the instruments of exercising that right.

A Right Unused …

Tell me if you’ve heard this one before?

Much like a muscle that atrophies with disuse, any right that goes unexercised for many years devolves into a privilege, and eventually can even be redefined as a crime.

Is this really true? I haven’t exercised my Third Amendment rights ever in my lifetime. I don’t know too many other folks who have either. Yet the Third Amendment is doing so well, the government hardly ever violates it. Additionally, despite a dearth of case law, those which have come up ruled pretty decisively in favor of the right of the citizen. Further, no one seriously argues that the Third Amendment is wrong and ought to be repealed. The Third Amendment is doing pretty well despite falling into disuse!

Now, let’s take a look from the other side. People exercise the right of home ownership pretty regularly, and we trek about with our persons, papers and personal effects on a regular basis. Yet it takes the barest of any pretext for the police to search the ever loving crap out of your personage and vicinity, because most searches have been deemed “reasonable” by the courts. If the Second Amendment ends up being in as poor a shape as the 4th Amendment, by the time all this is said and done, I’ll cry.

I think this is a eloquent way to simply a complex issue to the point where it’s a pleasing thing to think, but doesn’t reflect reality. The answer is the loss of rights is a lot more complex than whether you use it or not, and our community shouldn’t delude itself into thinking otherwise.

Colorado Recall Elections Get Complicated & Weird

The recall elections targeting anti-gun state senators in Colorado just got a little more interesting for the major parties because the courts are forcing a change to allow Libertarians on the ballots. A judge ruled that the timelines the government set for gathering signatures violated the state’s constitutional provisions.

On one hand, this makes it more likely that elections will be held in person and that’s bad for the Democratic incumbents. On the other hand, with at least one of those seats being held by a guy who won because of a split vote, it could make it tougher to actually unseat them with one candidate. To make the election nice and messy, hundreds of ballots have already been mailed that are now likely incorrect.

For the weird factor, a former candidate in the recall races is demanding $54 million from various Republican officials and committees in Colorado and a gun shop owner because she seems to claim that breaking the news that she writes dirty books was slander – even though she admits writing the books. Her rambling accusations against party members also say they are capable of hurting her pets and committing terrorism, which is almost weirder than the claim that they owe her tens of millions of dollars. The claim also appears to accuse these folks of election fraud for the acts of trying to influence opinions of who might make a better candidate.

Monday News

This person thinks gun owners who rush and panic to buy “assault weapons” ahead of a government gun control law in Maryland are acting like children. Must be hard to look down on your fellow citizens to such a strong degree.

Fudging the numbers for murder.

Clayton notes that heart surgery is best avoided. We’re glad to see he’s on the mend. My grandfather had his valve replaced in his mid-60s and while his recovery was much longer, afterwards he felt better than he had in years.

More talk about the army switching side arms.

Interesting Massachusetts gun rights case.

Stop and frisk ruled unconstitutional by a US District Judge, because the targets are disproportionally minorities.

ALEC fights back against Dick Durbin.

California politicians are looking to savage your rights anew.

The New Hampshire Supreme court rules that for a gun to be considered loaded, it actually has to be loaded.

Moms pushing for gun control in Morristown.

Can I get an amen?

Inside NRA University.

Detroit man says Stand Your Ground kept him out of prison.

Berks County First in State in Gun Sales

The Reading Eagle notices that Berks County leads the state in gun sales. I believe that can be explained in one word: Cabela’s. The Sheriff has also reported that concealed carry licenses are up, like pretty much everywhere else. My father is now among that statistic, because I had him go get a license so he can safely transport the .22 pistol I lent him for target practice. Absent an License to Carry, Pennsylvania’s laws on transporting a handgun in a vehicle are technically as draconian as New Jersey’s. If you’re going to be transporting handguns in Pennsylvania, it’s just a good idea to have an LTC. Berks County issues on the spot as soon as you clear the PICS check.

It’s a Little Thing Called the Bill of Rights

Writing in the Inquirer, area attorney Gregory Sullivan writes about the recent Third Circuit decision in Drake v. Folko, upholding New Jersey’s carry restrictions:

Letting the permit law stand is consequently the best result. But why are federal judges even involved in this area?

Do we question why federal judges are involved in cases like freedom of the press or freedom of religion? No, because it’s a fundamental right guaranteed by our constitution. It doesn’t emanate from penumbras like some recently discovered rights. It’s right there staring you in the face.

Moreover, the Constitution provides no help on how to assess gun regulations.

I don’t think “shall not be infringed” is any less clear than “Congress shall make no law.”

Prior to Heller and McDonald, our gun laws were the subject of frequent and robust debate in state legislatures. They were being revised as needed, and voters maintained ultimate control over them. With the Heller-McDonald catastrophe, that control is almost completely lost. The complex policy questions on gun-carry laws will now be decided, ultimately, by a small group of lawyers in Washington at the Supreme Court.

Yes, that’s generally how enforcement of constitutional rights are supposed to work. Does this guy read the same Constitution the rest of us do? Rights are supposed to be beyond the reach of the political process. That’s the whole point. There are certain debates state legislatures shouldn’t be able to have, like whether or not to allow newspapers to be published freely, what kind of books you can own, and yes, whether or not an ordinary Joe can carry a firearm.

Third Party Opinions are Always Useful

Paul Barrett, the author of “Glock: The Rise of America’s Gun” is someone I’d classify as outside the gun culture looking in. He’s been willing to learn and take the subject seriously, which is more than you can say for a lot of journalists. A comment tipped me off to an article in Bloomberg Businesses Week he essentially comes to the same conclusion I did over the weekend in regards to appreciating Starbucks by grabbing your AR and heading out for some coffee.

They have the right in most states to carry firearms openly. But the now-annual Starbucks Appreciation event is a gratuitous attempt to rile the portion of the populace made uncomfortable by open display of firearms. In a country with sharply divided attitudes toward guns, why purposely provoke one’s neighbors?

So what do I win here? It’s a reasonable question. Normalizing rifle OC? Well, I don’t OC, and I certainly wouldn’t ever OC a rifle around suburbia for the hell of it. So it’s no real prize for me, or most of us. I’d also note that there are still a few states where OC is illegal, even for pistols, and this kind of display is going to make fixing that more difficult as politicians start debating whether they really want to open this potential can of worms.

What’s interesting in all this is I believe the folks who engage in pistol OC have actually somewhat accomplished their task. Pistol OC won’t grab headlines very much these days, and the police are starting to understand the law better. In that sense, it has become more normalized. It’s now dog bites man as far as the news is concerned. This would be great except, and people will hate me for saying this, OC has always been attractive to attention seekers. I’m not saying everyone is, but it’s hard not to observe that some in the OC crowd really want their 15 minutes. I’ve been wondering if the rifle OC phenomena isn’t driven by a need to up the ante in order to keep the attention coming in.

Dick’s and AR-15

It may be Markley’s Law Monday, but I’m talking about the retail store. You might remember the post-Newtown dustup with Dick’s Sporting Goods at their decision to drop AR-15s from their product line. Dick’s and their AR vendor have kissed and made up, as Dick’s prepares to launch a new outdoor themed store that plans to sell them. I have mixed feelings about the whole thing. On one hand, Dick’s making a decision to sell ARs again is a loss for our opponents. Ultimately, a smart company is about the bottom line and the bottom line is ARs sell.

But locally we’ve also had issues with Dick’s stores enforcing New Jersey law in their PA stores, and it’s difficult to feel good about supporting a company that threw us under the bus so quickly after Newtown. Will the “Field and Stream” stores have a backbone? Being in the gun issue means getting blamed and punished for things you didn’t do. Perhaps if Dick’s can’t learn to take the heat, they best stay out of the kitchen.

UPDATE: Apparently Troy is denying any kissing and making up with Dick’s. Good for them.

AP Article on Pennsylvania GOP

The AP has an article on the GOP, that I could best sum up as “Tax protesters, tea partiers and creationists, oh my!” Also with a healthy heaping of homophobia and xenophobia, just to round out the article. Pennsylvania has always politically divided more along urban, suburban and rural than by party, which isn’t something this article alludes to. The media will obviously do what they can to scare suburban voters by bringing forth the likes of Metcalfe and Bloom, and it will work. Corbett would be smart to distance himself from the GOPs far-right heading into his re-election campaign.