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Tag: gun control
Sewing on Yellow Stars
Over on Facebook someone I know and respect wrote this in response to a local newspaper op-ed on the failures of gun control to prevent high-profile shooting incidents:
We can’t continue with the argument that because we can do little, we should do nothing. Sooner or later, another bigger, badder incident will happen and in a panic, folks will do the wrong thing. Heck, the 68 control act is an example. Do you think for a minute that a political assassination or two won’t rob you of support in congress PDQ?
We simply can no longer allow mentally unstable folk to possess/purchase firearms. Unfortunately, we will be forced to change the status quo a bit and attempt to judge the competency of individuals before they purchase. For lack of a better term, I’ll use a loaded one–a firearms ownership ID.
Could all of the recent list of scumbags have obtained their legally purchased firearms if they, say, were required to have two or three letters of reference to sound mind and good character? Is it really too much to require that a facility for locking up firearms in the home be required?
Obvious, wording and such for laws must be carefully crafted such that devious individuals do not use such laws to abridge rights. But I believe it’s doable. Also, we seem to forget about just what Reagan did with the machine gun import/manufacture ban, i.e., he bargained for lifting of other restrictions in the bill. Distasteful as that is to “purists”, he knew his politics.
We absolutely need recourse if firearm possession is restricted. True and meaningful relief from disability and a fair process developed for appeal of such matters.
That a citizen should lose possession rights during a divorce is an affront. That a non-violent felon is disbarred from possession forever, is an affront. That a fully automatic firearm costs tens of thousands of dollars is an affront. That I need to trade through a licensed dealer is an affront. That the government is using an axe to cleave off thousands of “prohibited” possessors is an affront.
But all these “affronts” are not the fault of government, they are the fault of the people–those few people who have lost their morale compass and abused their right to keep and bear arms.
I replied
If you truly believe that, I have a bridge in Brooklyn I’d like to sell you.
He responded:
Then what you insist on is a death match which we will inevitable lose. The society will continue to deteriorate and the people in their panic will vote for restrictions in search of safety. There is no Constitutional right to keep and bear arms–only what 5 clowns on the Supreme Court say. It is an accepted concept that many rights are subject to reasonable restrictions, but what’s reasonable? Whatever 5 justices say. We are one justice and one court case away from catastrophe.
You know me, I don’t need to present my bona fides to anyone.
We suggest no potential solutions to the mentally unbalanced obtaining firearms, in that manner we are the same as the opposition–intransigent and unwilling to discuss potential solutions to what we freely admit is a people problem. I know from my personal experience and others in the community that there are any number of folk we run into that we would never sell a gun to or trust them with such. Yet we support their unrestricted right to walk into a store and buy a firearm? Do we? Should we?
My suggestion is to attempt to approach the people problem directly without depending as much as possible on government whose methods of separating good from bad are crude and flawed at best and devious and disingenuous at worse. The best defense is said to be a good offense.
What I hear is that it won’t work, but few alternative suggestions. What we are experiencing plays right into the hands of prohibitions who jump on every opportunity to carve out classes of prohibited possessors in order to reach their goal of complete prohibition. The most recent, returning vets and SS recipients. There will be more.
Prohibitions play the long game. We saw a similar strategy wrt smoking. When the number of smokers reached a manageable level, approximately 25%, we saw a full court push to prohibition. We smoke now simply because it produces obscene tax revenue.
I simply offer suggestions and present some themes for discussion, not a fully laid out plan. If you have other suggestions for vetting firearms owners, then make them.
I replied:
And if we submit to “firearms ownership IDs” we will still lose, only FASTER.
Here’s an alternative for you: Instead of applying for a “firearms ownership ID,” how about the State runs a full background check on you when issuing a State ID: driver’s license, whatever. If you’re a prohibited person, that ID gets a “No Guns” symbol – you know, the pistol in the international circle with a slash through it. That way, if you go buy a gun, the seller – FFL or private person – asks to see your ID and if it doesn’t have that symbol, they’re free to sell to you. If you’re slapped with a restraining order, arrested for domestic violence, whatever, you’re required to turn in your ID for new ID. If you don’t, a warrant is issued for your arrest until you do, AND they can force you to divest yourself from whatever you own (as they can now, but never seem to bother to).
That way, the government knows only who’s eligible and who’s not. Not specifically who legally OWNS guns, and who does not.
Will this prevent nut jobs from buying guns? Well the “War On (Some) Drugs” has done such a marvelous job of stopping people from getting stoned, I suspect that your local nutjob can probably score a Glock from the guy he gets his Oxycodone from, but it is better, I think, than your option.
I’m not happy invoking Godwin here, but fucking volunteering to sew a yellow star on my clothes because I’m a law-abiding gun owner? No. Gun ownership IS a right. It should only be denied through adjudication of either criminal acts or mental disability. I shouldn’t have to prove that I’m qualified to buy a gun, the government should have to prove I’m NOT. And if we volunteer to identify ourselves to the government, when (not if) the next or the next or the next heinous act occurs, well, I’ll let Charles T. Morgan, at the time Director of the Washington office of the ACLU said in Senate testimony in 1975:
I have not one doubt, even if I am in agreement with the National Rifle Association, that that kind of a record-keeping procedure is the first step to eventual confiscation under one administration or another.
The only people the government can disarm are the ones they KNOW have guns. I have no doubt they know I do, but I also have no doubt they don’t know exactly what or how many I do. And I won’t be informing them. Certainly not voluntarily.
I Love Arizona
Rated #1 for the third year in a row:
1. Arizona
Still the reigning champion, Arizona combines strong laws with an unmatched shooting culture and strong industry presence. An effort to strengthen the state’s preemption law failed to make it out of the legislature this year, but a clarifying bill did pass, specifying that the transfer of firearms was immune from administrative or municipal regulation. Arizona gets full points in every category with both permitless and permitted carry, strong self-defense laws, a “shall sign” NFA statue and a thriving competitive shooting scene. Whether you’re into ISPC-style shooting, 3-Gun, long-range rifles, Cowboy matches, shotgunning or just shooting machine guns in the desert, Arizona has everyone covered.
Ru-roh, Shaggy, How They Gonna Spin THIS One?
The L.A. Dog Trainer Times reports: Gun in fatal San Francisco shooting belonged to federal agent.
The gun used to fatally shoot a woman on the San Francisco Embarcadero belonged to a federal agent, sources confirmed Tuesday.
—No additional details about the gun were available Tuesday. The district attorney’s office declined to comment.
Yes, I imagine they did decline to comment. At least until the DA’s office is told what to say about it, if anything.
So! This gun presumably belonged to not just a local or state “Only One,” but a FED who had “proper training,” and it was even registered! And somehow, a multiple deportee illegal alien got his hands on it anyway. And this took place in the gun-control utopia and sanctuary city of San Francisco! A lot of good that did Kathryn Steinle.
I am very sorry for her family.
But This NEVER Happens in Other Countries!
Gunman kills at least 37 in Tunisia:
A gunman disguised as a tourist opened fire at a Tunisian hotel on Friday with a weapon he had hidden in an umbrella, killing 37 people, including Britons, Germans and Belgians as they lounged at the beach and pool in a popular resort town.
Terrified tourists ran for cover after the gunfire and an explosion erupted at the Imperial Marhaba in Sousse, 140 km (90 miles) south of the capital Tunis, before police shot the gunman dead, witnesses and security officials said.
“This was always a safe place but today was horror,” said an Irish tourist who gave only his first name, Anthony. “He started on the beach and went to the lobby, killing in cold blood.”
—
Rafik Chelli, a senior interior ministry official, said the gunman killed was unknown to authorities and not on any watchlist of potential jihadists. A security source named him as Saifeddine Rezgui, a 23-year-old electrical engineering student.
After pulling out a weapon hidden inside an umbrella, the assailant strolled through the hotel grounds, opening fire at the pool and beach, reloading his weapon several times and tossing an explosive, witnesses said.
A security source said another bomb was found on his body, which lay with a Kalashnikov assault rifle where he was shot.
Local radio said police captured a second gunman, but officials did not immediately confirm the arrest or his role in the attack.
“It was just one attacker,” said a hotel worker at the site. “He was a young guy dressed in shorts like he was a tourist himself.”
Yet according to GunPolicy.org, Tunisia has “common sense” gun regulations that gun ban er, control, ah safety advocates want implemented here to stop such incidents:
1. In Tunisia, the right to private gun ownership is not guaranteed by law
2. In Tunisia, civilian possession of automatic weapons is regulated by law
3. In Tunisia, private possession of handguns (pistols and revolvers) is permitted under license
4. In Tunisia, civilian possession of rifles and shotguns is regulated by law
5. In Tunisia, only licensed gun owners may lawfully acquire, possess or transfer a firearm or ammunition
6. Applicants for a gun owner’s licence in Tunisia are required to establish a genuine reason to possess a firearm, for example hunting, target shooting, collection, personal protection, security
7. The minimum age for gun ownership in Tunisia is 20 years
8. An applicant for a firearm license in Tunisia must pass a background check which considers criminal and mental records
9. In Tunisia, the law requires that a record of the acquisition, possession and transfer of each privately held firearm be retained in an official register
10. In Tunisia, State agencies are required to maintain records of the storage and movement of all firearms and ammunition under their control
And yet with all of these restrictions, one young man was able to murder at least 37 people.
But we’re told this only happens here in the U.S., and it’s because of our lax gun laws the Confederate Battle Flag.
I’m Shocked, Shocked!
To discover that there is “massive noncompliance” with New York’s SAFE Act requiring registration of “assault-style” weapons.
In the years since Gov. Cuomo signed the New York Secure Ammunition and Firearms Enforcement Act, otherwise known as the NY SAFE Act, a total of 23,847 people have applied to register their assault-style weapons with the state, according to statistics provided by the New York State Police.
Those individuals themselves registered 44,485 assault-style weapons — a term whose definition under the law was expanded to include military-style features like a pistol grip and popular civilian models of the M16 and AK47 assault rifles — with State Police, the data, which was first obtained by the Albany Times Union, show.
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Law enforcement experts have estimated there could be nearly 1 million assault-style weapons in circulation across the state, suggesting that many New Yorkers are ignoring a central provision of what had been touted by gun control advocates as a milestone law.
“What these numbers expose is that, if there are people who are wilfully ignoring the law, that means tens of thousands of gun owners are not complying with a law that is supported by New Yorkers,” said (the ironically named) Leah Gunn Barrett, executive director of New Yorkers Against Gun Violence, citing a May poll commissioned by her group that showed state residents support key provisions of the SAFE Act.
Under New York law, failure to register an assault weapon by the April 2014 deadline can be treated as misdemeanor offense, punishable by “forfeiture of the weapon” and up to one year in jail, according to the New York State Police.
Under a different statute, the situation can also be treated as a low-level felony, punishable by up to four years in prison.
I know, let’s make not registering REALLY ILLEGAL!! THAT’ll work!
The Siren Song of “Gun Control”
They never, ever stop, the Other Side™. They sometimes retreat, sometimes quiet down, but they don’t stop. Recent polls indicate that support for “gun control” has reached a modern nadir, but that is no excuse to relax. Our ideological opponents still hold the media high ground and get paid to produce their pixels by the terabyte. They are not going to quit. They just switch tack and try a different angle, lather, rinse, repeat. They’ve run out of “new,” so they keep recycling old ones. Since the Newtown massacre didn’t result in public support for outright banning, the tack they are on now is the old, familiar “public health” angle. Of course! They have Surgeon General Vivek Murthy now, who will push this agenda once again.
Warning: This is a mini-überpost. It’s been a while. Get a snack and a beverage and settle in, or skip on to the next blog on your list.
Mother Jones magazine recently ran an article entitled What Does Gun Violence Really Cost? I was tempted to fisk the entire piece, but decided against. I’m just going to point out some interesting facts.
The piece starts off with the story of Jennifer Longdon and David Rueckert of Phoenix, Arizona. On November 15, 2004 this couple was involved in what appears to have been a minor traffic accident followed by a road-rage shooting. Or a premeditated homicide attempt. Or a case of gang violence and mistaken identity. Nobody was ever arrested, so we will never know, but Rueckert was shot in the head, surviving with significant brain trauma. Longdon was shot in the back and left paraplegic.
Due to the physical injuries, she was also left financially destitute.
So how much does “gun violence” cost America? Well, we don’t really know for sure, Mother Jones tells us, but it’s something they calculate in excess of $229 billion – $700 per year for every man, woman and child in the country.
Surely, the story implies but does not outright state, something must be done! We’re told:
Nobody, save perhaps for the hardcore gun lobby, doubts that gun violence is a serious problem.
Just so you know who the opposition is – the “hardcore gun lobby” – and why they shouldn’t matter. Not convincing enough?
(S)olving a crisis, as any expert will tell you, begins with data. That’s why the US government over the years has assessed the broad economic toll of a variety of major problems. Take motor vehicle crashes: Using statistical models to estimate a range of costs both tangible and more abstract—from property damage and traffic congestion to physical pain and lost quality of life—the Department of Transportation (DOT) published a 300-page study estimating the “total value of societal harm” from this problem in 2010 at $871 billion. Similar research has been produced by the Environmental Protection Agency (EPA) on the impact of air pollution, by the Department of Health and Human Services on the costs of domestic violence, and so on. But the government has mostly been mute on the economic toll of gun violence. HHS has assessed firearm-related hospitalizations, but its data is incomplete because some states don’t require hospitals to track gunshot injuries among the larger pool of patients treated for open wounds. The Centers for Disease Control and Prevention (CDC) has also periodically made estimates using hospital data, but based on narrow sample sizes and covering only the medical and lost-work costs of gun victims.
Why the lack of solid data? A prime reason is that the National Rifle Association and other influential gun rights advocates have long pressured political leaders to shut down research related to firearms.
At this point I’m going to drag out a couple of excerpts from some research done at the behest of the Carter Administration. It’s one of my favorites, and I’ve quoted from it in this blog before. They’re from the gun control meta-study published in 1983 as Under the Gun: Weapons, Crime and Violence in America. The “senior authors” of the study were James D. Wright, Professor of Human Relations, Dept. of Sociology for Tulane University and Peter H. Rossi, Professor of Sociology at the University of Massachusetts, Amherst and past president of the American Sociological Association. These researchers weren’t exactly gun-rights supporters going in. Here’s the first:
In 1978 the Social and Demographic Research Institute of the University of Massachusetts, Amherst, received a grant from the National Institute of Justice to undertake a comprehensive review of the literature on weapons, crime, and violence in the United States. The purpose of the project is best described as a “sifting and winnowing” of the claims and counterclaims from both sides of the Great American Gun War – the perennial struggle in American political life over what to do, if anything, about guns, about violence, and about crime. The review and analysis of the available studies consumed the better part of three years; the results of this work are contained in this volume.
The intention of any review is to take stock of the available fund of knowledge in some topical area. Under the Gun is no different: our goal has been to glean from the volumes of previous studies those facts that, in our view, seem firmly and certainly established; those hypotheses that seem adequately supported by, or at least approximately consistent with, the best available research evidence; and those areas or topics about which, it seems, we need to know a lot more than we do. One of our major conclusions can be stated in advance: despite the large number of studies that have been done, many critically important questions have not been adequately researched, and some of them have not been examined at all.
Much of the available research in the area of weapons and crime has been done by advocates for one or another policy position. As a consequence, the manifest intent of many “studies” is to persuade rather than to inform.
(My emphasis.)
If the “research” has an agenda, then how valid (and therefore valuable) can it be? But here’s the second excerpt:
The progressive’s indictment of American firearms policy is well known and is one that both the senior authors of this study once shared. This indictment includes the following particulars:
(1) Guns are involved in an astonishing number of crimes in this country.
(2) In other countries with stricter firearms laws and fewer guns in private hands, gun crime is rare.
(3) Most of the firearms involved in crime are cheap Saturday Night Specials, for which no legitimate use or need exists.
(4) Many families acquire such a gun because they feel the need to protect themselves; eventually they end up shooting one another.
(5) If there were fewer guns around, there would obviously be less crime.
(6) Most of the public also believes this and has favored stricter gun control laws for as long as anyone has asked the question.
(7) Only the gun lobby prevents us from embarking on the road to a safer and more civilized society.
Again, my emphasis. Research is being defunded? The gun lobby is preventing us from embarking on the road to a safer and more civilized society! They deny gun violence is a serious problem! They’re deniers! Which seems to be the ultimate insult these days, consensus über alles, after all.
The story also includes a link to another piece detailing not only Jennifer Longdon’s story, but those of seven other people. In the interests of accurate demographics: four more women and three men. Three of the victims are black – one male, two female.
Here are the pertinent details:
Victim 1 – Antonius Wiriadjaja, Brooklyn, New York. Bystander to a domestic violence shooting, caught a stray round. “$169,000 for medical care, physical therapy and counseling.”
Victim 2 – Kamari Ridgle, Richmond, California (a suburb of San Francisco). A 15 year-old shot in a drive-by after he “had just left a liquor store….” What’s a 15 year-old doing in a liquor store? Kid was hit 22 times – and survived. “$1.5 million for medical care.”
Victim 3 – Philip Russo, Alturas, California (rural NE corner of CA). His wife was killed by a rampage shooter. He lost his job because he worked security at the county jail where her killer was placed awaiting trial – for her safety. “$83,000 in lost household income.”
Victim 4 – Pamela Bosley of Chicago, IL. Lost a son to what appears to be gang-related violence. No evidence her son was a gang member. “$23,500 in medical care and counseling for family.”
Victim 5 – BJ Ayers, Cheyenne, Wyoming. Lost two sons to suicide. “$35,000 in state-funded emergency care” for one of them before he expired.
Victim 6 – Paris Brown, East Oakland, California. Son killed in gang-related shooting. “$10,000 in grief counseling.”
Victim 7 – The aforementioned Jennifer Longdon, Phoenix, AZ. “$40,000 in wheelchair modifications to her home.” That’s in addition to her medical costs and lost wages.
Victim 8 – Caheri Gutierrez, also of Oakland, CA. Apparently caught a stray round in the face from a nearby gang shooting. “$120,000 for hospitalization and reconstructive surgeries.”
New York, 1. California, 4. Illinois, 1. Arizona, 1. Wyoming, 1. Two suicides, one domestic violence, one rampage shooter, four gang-related, one unknown.
Does Mother Jones offer any suggestions? Of course not. Their story is that, because of the “gun lobby” we don’t have sufficient data to “solve (the) crisis.” They do state, however:
Our investigation also begins to illuminate the economic toll for individual states. Louisiana has the highest gun homicide rate in the nation, with costs per capita of more than $1,300. Wyoming has a small population but the highest overall rate of gun deaths—including the nation’s highest suicide rate—with costs working out to about $1,400 per resident. Among the four most populous states, the costs per capita in the gun rights strongholds of Florida and Texas outpace those in more strictly regulated California and New York. Hawaii and Massachusetts, with their relatively low gun ownership rates and tight gun laws, have the lowest gun death rates, and costs per capita roughly a fifth as much as those of the states that pay the most.
For those of you slow on the uptake: Strict gun control/low gun ownership = Good. Lax gun control/high gun ownership = Bad.
In other words, “There are too many guns.”
It’s their mantra, their single article of faith.
Yet here’s what the article doesn’t bother to mention:
Non-fatal “gun violence” peaked here in the U.S. in 1994, with a “per 100,000 population” rate of 7.4. It has declined, almost non-stop, ever since. In 2011 the rate was 1.8/100,000 – less than one-quarter the rate in 1994. Homicide (all causes) peaked in 1992 at 9.3/100,000. In 2011 it was 4.7 – the “lowest level since 1963.”
And this occurred without any significant gun control legislation during that period, and in the face of an additional 93,000,000 privately-owned firearms entering circulation during that period. The “assault weapon ban” (that wasn’t)? Even FactCheck.org admits:
That the law did not have much of an impact on overall gun crime came as little surprise, (Christopher S.) Koper said. For one, assault weapons were used in only 2 percent of gun crimes before the ban. And second, existing weapons were grandfathered, meaning there were an estimated 1.5 million pre-ban assault weapons and 25 million to 50 million large-capacity magazines still in the U.S.
Since the “ban” ended in 2004 (and “modern sporting rifles” have become the largest single segment in long-gun sales), violent crime has continued to trend down.
More guns, less crime.
And I’ve already covered the lie that there are “more guns, fewer gun owners.”
But Mother Jones believes you don’t need to know that. You just need to know that “gun violence” costs “$229 billion a year,” and the “gun lobby” not only doesn’t care, but denies funding for research so that we can solve the problem!
A problem that has been cut in half or more over the last twenty years as no significant “gun control” laws have been passed, and laws relaxing the standards for legal carriage have been spreading.
THAT’S not news.
Because that doesn’t affect the real problem: Too. Many. Guns.
Not Too. Many. Criminals.
If Mother Jones was actually interested in reducing “gun violence,” then they wouldn’t be concentrating on what it costs Joe and Jane Average, or even Joe and Jane Victim, they’d address the ten-ton elephant in the room: young black male violence.
Look at their list of victims again. Out of eight (we assume “typical”) survivors of “gun violence,” one is a young black male, one is the mother of a deceased young black male.
They’re overwhelmingly the victims of violent crime. In 2013, according to the CDC, black males 34 and younger made up 30% of all homicide victims, 10% of all non-lethal assault victims.
Yet young black men are only 3.5 percent of the national population.
Let’s put that in perspective: If the homicide rate for black men 34 and younger, currently (2013) estimated at 43.9 per 100,000 population, were reduced to the current national rate of 5.1/100,000, 4,245 lives would be saved.
And the national homicide rate would be reduced to 3.76/100,000.
But apparently pointing that fact out is RACIST!™ so no one in the media does.
When you have a disease that kills a specific, easily identifiable population at rates over eight times the rest of the population, epidemiologists (otherwise known as “public health experts”) call that a clue.
Instead, it seems, the Powers That Be™ are making the situation worse:
The nation’s two-decades-long crime decline may be over. Gun violence in particular is spiraling upward in cities across America. In Baltimore, the most pressing question every morning is how many people were shot the previous night. Gun violence is up more than 60% compared with this time last year, according to Baltimore police, with 32 shootings over Memorial Day weekend. May has been the most violent month the city has seen in 15 years.
In Milwaukee, homicides were up 180% by May 17 over the same period the previous year. Through April, shootings in St. Louis were up 39%, robberies 43%, and homicides 25%. “Crime is the worst I’ve ever seen it,” said St. Louis Alderman Joe Vacarro at a May 7 City Hall hearing.
Murders in Atlanta were up 32% as of mid-May. Shootings in Chicago had increased 24% and homicides 17%. Shootings and other violent felonies in Los Angeles had spiked by 25%; in New York, murder was up nearly 13%, and gun violence 7%.
Those citywide statistics from law-enforcement officials mask even more startling neighborhood-level increases. Shooting incidents are up 500% in an East Harlem precinct compared with last year; in a South Central Los Angeles police division, shooting victims are up 100%.
Why is violence climbing in these cities?
The most plausible explanation of the current surge in lawlessness is the intense agitation against American police departments over the past nine months.
Since last summer, the airwaves have been dominated by suggestions that the police are the biggest threat facing young black males today. A handful of highly publicized deaths of unarmed black men, often following a resisted arrest—including Eric Garner in Staten Island, N.Y., in July 2014, Michael Brown in Ferguson, Mo., in August 2014 and Freddie Gray in Baltimore last month—have led to riots, violent protests and attacks on the police.
And who is it that’s dying?
Young. Black. Men.
And what’s the reaction?
“Gun control” is not a “public health issue.” Even if it were, public health advocates are not handling it as though it is. The “public health” angle on “gun control” is being handled the same way AIDS was in the 1980’s – by attacking the wrong things and willfully, actively denying that the problem is behavioral and highly concentrated in a small, easily identifiable demographic – because to do so would be Politically Incorrect.
Instead we get smoke screens about “costs” designed to make us wring our hands and look to the guys in white lab coats for solutions.
UPDATE: I’m no fan of John Lott, but the numbers are the numbers. It appears that Heather Mac Donald’s piece, linked above, is in error. That does not, however, affect the rest of the post.
But Michael Bloomberg Wants to Disarm Young Black Men
At least that’s what’s being reported outside the MSM. (Didn’t see anything in the NYT or on MSNBC about this, did you?)
However, I was fascinated to see this piece at Slate: Red Summer. Excerpts:
In his new book, 1919, The Year of Racial Violence: How African Americans Fought Back, David F. Krugler, professor of history at the University of Wisconsin–Platteville, looks at the actions of people … who resisted white incursions against the black community through the press, the courts, and armed defensive action. The year 1919 was a notable one for racial violence, with major episodes of unrest in Chicago; Washington; and Elaine, Arkansas, and many smaller clashes in both the North and the South. (James Weldon Johnson, then the field secretary of the NAACP, called this time of violence the “Red Summer.”) White mobs killed 77 black Americans, including 11 demobilized servicemen (according to the NAACP’s magazine, the Crisis). The property damage to black businesses and homes—attacks on which betrayed white anxiety over new levels of black prosperity and social power—was immense.
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While there is a notable cluster of examples of black communities fighting back in the racial conflicts of 1919, the history of armed self-defense goes back even further. Law professor Nicholas Johnson points to fugitive slaves who armed themselves against slave-catchers as some of the earliest examples of the practice. In another dark period of racial violence at the end of the 19th century, Ida B. Wells-Barnett, a journalist and investigator of lynching, advocated “boycott, emigration, and the press” as weapons against white aggression, outlining the rationale in her 1892 pamphlet Southern Horrors: Lynch Law in All Its Phases. When those peaceful strategies failed, Wells-Barnett thought a more active strategy was the answer, observing: “The only times an Afro-American who was assaulted got away has been when he had a gun and used it in self-defense.” For this reason, she wrote, “[A] Winchester rifle should have a place of honor in every black home, and it should be used for that protection which the law refuses to give.”
Worth your time to read. And the top-rated comment:
Anyone who found this article interesting should immediately read Justice Thomas’s concurrence in McDonald v. Chicago, a gun control case wherein Thomas argues very persuasively that the right to bear arms was intended to be one of the “privileges” protected by the 14th Amendment, specifically aimed at giving newly freed slaves in the South the right to carry weapons to protect themselves from whites.
https://supreme.justia.com/cases/federal/us/561/08-1521/concurrence2.htmlI am by no means a gun enthusiast, but Thomas’s concurrence makes some excellent points and had it been the majority opinion, American jurisprudence would have been the better for it. – John Marshall Alexander Jr.
I am a gun enthusiast, but I too have made that argument repeatedly here in this blog. I concur with Mr. Alexander – American jurisprudence would have been better had the “privileges and immunities” clause been resurrected.
From that concurrence:
I agree with the Court that the Fourteenth Amendment makes the right to keep and bear arms set forth in the Second Amendment “fully applicable to the States.” I write separately because I believe there is a more straightforward path to this conclusion, one that is more faithful to the Fourteenth Amendment’s text and history.
Applying what is now a well-settled test, the plurality opinion concludes that the right to keep and bear arms applies to the States through the Fourteenth Amendment’s Due Process Clause because it is “fundamental” to the American “scheme of ordered liberty,” and ” ‘deeply rooted in this Nation’s history and tradition,’ “. I agree with that description of the right. But I cannot agree that it is enforceable against the States through a clause that speaks only to “process.” Instead, the right to keep and bear arms is a privilege of American citizenship that applies to the States through the Fourteenth Amendment’s Privileges or Immunities Clause.
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The notion that a constitutional provision that guarantees only “process” before a person is deprived of life, liberty, or property could define the substance of those rights strains credulity for even the most casual user of words. Moreover, this fiction is a particularly dangerous one. The one theme that links the Court’s substantive due process precedents together is their lack of a guiding principle to distinguish “fundamental” rights that warrant protection from nonfundamental rights that do not. Today’s decision illustrates the point.
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(A)ny serious argument over the scope of the Due Process Clause must acknowledge that neither its text nor its history suggests that it protects the many substantive rights this Court’s cases now claim it does.
I cannot accept a theory of constitutional interpretation that rests on such tenuous footing. This Court’s substantive due process framework fails to account for both the text of the Fourteenth Amendment and the history that led to its adoption, filling that gap with a jurisprudence devoid of a guiding principle. I believe the original meaning of the Fourteenth Amendment offers a superior alternative, and that a return to that meaning would allow this Court to enforce the rights the Fourteenth Amendment is designed to protect with greater clarity and predictability than the substantive due process framework has so far managed.
I acknowledge the volume of precedents that have been built upon the substantive due process framework, and I further acknowledge the importance of stare decisis to the stability of our Nation’s legal system. But stare decisis is only an “adjunct” of our duty as judges to decide by our best lights what the Constitution means. Moreover, as judges, we interpret the Constitution one case or controversy at a time. The question presented in this case is not whether our entire Fourteenth Amendment jurisprudence must be preserved or revised, but only whether, and to what extent, a particular clause in the Constitution protects the particular right at issue here. With the inquiry appropriately narrowed, I believe this case presents an opportunity to reexamine, and begin the process of restoring, the meaning of the Fourteenth Amendment agreed upon by those who ratified it.
Which is what Alan Gura argued for and was told to shut up about by people on our side. But the Court dodged the opportunity, not (I believe) wanting to upset the mountain of bad law that a century of stare decisis has created.
BULLSH!T!
Simply put, gun control cannot survive without an accompanying sea of disinformation. – Anonymous (But accurate.)
And The Other Side™ follows the mantra of “repeat the lie and it will eventually be believed.”
SayUncle points to another example of this, from today’s Washington Post, America has more guns in fewer hands than ever before. Opening paragraphs:
You’ve probably heard by now that the Obama administration has been a boon to the U.S. firearm industry. Gun manufacturers boosted production by 31 percent between 2011 and 2012. National tragedies from Newtown to Ferguson are accompanied by stories of surging gun sales.
But data released this week from the General Social Survey, widely regarded as the gold standard for social science survey research, shows that in 2014, the number of American households owning guns remained at 40-year lows.
Except I’ve been there, fisked that before. May, 2013: DECLINING GUN OWNERSHIP!!
Yes, the General Social Survey says a smaller percentage of households contain guns than at some time in the past. However, Gallup says gun ownership is up. Either way, the total number of households has increased over time, resulting in the TOTAL NUMBER OF HOUSEHOLDS CONTAINING GUNS INCREASING, so there are MORE guns in MORE hands than ever before – the exact opposite of the WaPo headline.
But that doesn’t fit the Narrative of gun owners as The Other, a declining demographic of middle-aged overweight white men with “low sloping foreheads” that will eventually die off and can therefore be dismissed.
The Left and the media (but I repeat myself) depends on the general population’s stupidity.
From the Front Lines
My favorite Merchant O’Death emails from his position on the front lines:
The statement has been made and the Kool-Aid has been drunk. In the wake of the ATF statement about the impending ban on any 5.56mm/.223 ammunition that is loaded with the 62-grain, SS109 LAP bullet (the one cartridge specifically named by the ATF&E being the M-855) known colloquially as “green tip”, the masses have laid siege to my shop, buying large quantities of any and all 5.56/.223 ammo, the most common statement from the aforementioned group being: “I can’t believe you guys still have any two-two-three ammo on the shelves! The government is going to ban it!” or words to that effect. The fact that Rush Limbaugh stated that the government was going to ban .223 ammo on his radio show last week has had the expected result. I shudder to think what the lines in front of ammo vendors at gun shows will look like in the foreseeable future, though thankful that I will not be one of those folks standing in those lines.
We don’t have any limits on .223 ammo nor have we increased our prices. Despite the predictable reaction from the “masses”, we aren’t worried about running out of 5.56/.223 ammo anytime soon though our stock of 62-grain, “green tip” ammo is quite low. Not everyone has fallen for the misinformation. The vast majority of those individuals scampering out of the shop with an arm-load of .223 are of the “tacti-cool” variety. There are a goodly number of folks that actually ask: “What is the deal with the ban on two-two-three ammo?” And I happily explain it to them. Strangely enough, while the sales of ammo have spiked, the sales of “black rifles” have not. I find that a bit amusing actually.
It does indicate that pretty much everyone who wants an AR has an AR, doesn’t it?
Just by coincidence I recently purchased 500 SS109 projectiles when they went on sale at one of the major mail-order vendors. I don’t shoot M855 (I handload) but these were such a good deal I thought I’d give them a try and see how they compare accuracy-wise against my normal Hornady 75 grain BTHPs.
What I told Merchant O’D was, I’m waiting for the DoD to take a second shot (so to speak) at making once-fired military brass unavailable to reloaders. After all, the mantra of The Other Side™ is, “The philosophy cannot be wrong! Do it again, ONLY HARDER!!“