Category: Second Amendment rights

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Second Amendment rights Tenth Amendment federalism

Nullifying Future Fed Gun Regs

The legislative history of Idaho’s Senate Bill 1332 can be briskly told; its enactment was swift indeed. The Federal Firearm, Magazine and Register Ban Enforcement Act was

  • introduced on the tenth of February;
  • unanimously approved by the full Senate nine days later;
  • leapt out of House committee, on March 10, with a Do Pass recommendation;
  • read in full in the House two days later, and
  • passed unanimously; whereupon it
  • went to the governor, who signed it into law March 19.

Because of an emergency clause, SB-1332 went into full effect on that date.Idaho, with bullet holes?

The new law instructs Idaho’s public servants not to co-operate with the federal government on any future gun and ammo registration, prohibition or regulation passed by the U.S. Congress. It also provides a civil penalty of a maximum $1000 fine for each instance of co-operation.

It’s part of the low-key rebellion that many state legislatures and governors are waging  against the federal government. Claiming something like a right to nullify unconstitutional laws — a right enumerated, after all, as the Tenth Amendment to the Constitution — at issue is the usurpation of state prerogatives by the feds.

We’ve seen a number of states resist the federal government’s attempt to “organize” a grand (and catastrophic) public-private alliance known as Obamacare.

The current Idaho effort doesn’t strike me as pure nullification, however. It relies on a proven principle of federalism: the states may not be commandeered to enforce federal law. Specifically, any future federal law attacking our essential Second Amendment rights.

This is Common Sense. I’m Paul Jacob.

Categories
responsibility Second Amendment rights

Point Those Fangs Elsewhere

The death of Pentecostal minister Jaimie Coots, from a rattlesnake bite to the back of his hand, sure rattled William Saletan, at Slate, who took the occasion to make a point about how dangerous . . . guns are.

In “A Nation of Snake Handlers,” Saletan cleverly regaled us with stories of youngsters and others who died playing with snakes. But he had deliberately swapped “gun” with “snake” and “discharge” with “bite,” taking accidental gun deaths and turning them into snakebite deaths, to get our attention: “We are a nation of gun handlers, as reckless as anyone who handles serpents.”

In one year, he reports, there were over 12,000 gunshot fatalities. Americans own over 300 million guns. What to do?

I’m not going to tell you that the solution to this madness is to pass another gun law. . . . We need more than laws. We need to change our culture. We must ask ourselves whether the comforts and pleasures of owning a firearm are worth the risks. Having a gun in your home is far more dangerous than having a snake.

No one wants gun accidents. But “[h]aving a gun in your home is far more dangerous than having a snake”? Really? Hardly anyone owns poisonous snakes. But Americans own millions of guns, with comparatively few accidental deaths.

Sadly, Saletan played switcheroo with the stat on those 12,000+ gun deaths. Only a few were accidental (in 2010, the number was 606). Most were homicides.

The rule for handling snakes and guns is: peaceful people don’t point them at others. (Better not to point them at yourself, either.)

Respect danger. Respect the rights of others.

This is Common Sense. I’m Paul Jacob.

Categories
Second Amendment rights

You’re Not Under Arrest

Certain sheriffs in Colorado and other states have something in common. None of them will ever have to say “I was just following orders” as an excuse for failing to respect the right of an individual to bear arms.

They’re simply not following those orders.

In Colorado, Sheriff John Cooke of Weld County says that in addition to being unconstitutional, the state’s new gun-control laws are so vague as to be unenforceable. Before July 1, it was legal to sell or transfer a 30-round magazine. After that date, not. In explaining his policy, Cooke flourishes two such identical-looking magazines, one purchased before July 1, one after. Then shuffles them. “How is a deputy or officer supposed to know which is which?”

John Cooke is one of 55 elected sheriffs (out of 62 total) across Colorado who joined a federal lawsuit challenging the constitutionality of the new law. Also, two Colorado lawmakers have been recalled by voters for supporting it; and a third resigned rather than face a recall.

“In my oath it says I’ll uphold the U.S. Constitution and the Constitution of the State of Colorado,” says Sheriff Cooke. “It doesn’t say I have to uphold every law passed by the Legislature.”

We all know that the vagueness, ludicrousness, or unconstitutionality of a law doesn’t necessarily stop officials from coming down on citizens like a ton of bricks. So the sheriffs’ refusal to obey is commendable. And an example to follow.

This is Common Sense. I’m Paul Jacob.

Categories
ideological culture Second Amendment rights

The Gun Anti-Fetish

Would-be gun-grabbers like Sen. Dianne Feinstein and CNN’s Piers Morgan don’t just hate and fear all guns. They fear some scary-looking guns more than others, and keep bringing them up even when not appropriate.

Take America’s most popular rifle. After every horrific mass shooting Feinstein and Morgan call for banning (or at least heavily regulating) these “assault weapons.”

Following the naval yard shooting the other day, Feinstein pronounced, “There are reports the killer was armed with an AR-15, a shotgun and a semiautomatic pistol when he stormed an American military installation in the nation’s capital and took at least 12 innocent lives. This is one more event to add to the litany of massacres that occur when a deranged person or grievance killer is able to obtain multiple weapons — including a military-style assault rifle — and kill many people in a short amount of time. When will enough be enough?”

It turned out that the killer brought only a shotgun to the massacre — a weapon endorsed by our current Vice President, as Jacob Sullum reminds us — and used two handguns acquired during the spree. No AR-15 in evidence.

Sullum also notes that CNN justified Morgan’s post-naval-yard-shooting anti-AR-15 diatribe in an off-hand way, as if facts didn’t matter.

So, what matters?

The taboo. The anti-fetish, the magical thing reviled — the obsession with the scary look of an evil gun, over its actual use.

Why?

For lots of politically-centered people, policy is more about symbolism than anything else. For such folks, talk of principles or about overall crime statistics or unintended effects means nothing. To understand their notions, bring in the anthropologists.

Or the shamans.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall links Second Amendment rights

Townhall: Plumber Wrench into the Gears of Gun Control

The First and Second Amendment are very good friends. It shouldn’t surprise anyone that they’re close, one always protecting the other, as we witnessed again last week in Colorado. 

For more on the big Rocky Mountain State recall vote, click on over to Townhall.com. And then come back here for a few more links.

Categories
initiative, referendum, and recall Second Amendment rights

Two-Way Communication

Tonight Americans have an opportunity to listen to President Barack Obama as he directly states his case for a U.S. military attack on Syria. Wouldn’t it be nice if, for one day, instead of Americans listening to the president, the president had to listen to us?

Not just on Syria . . . on anything.

Well, Eureka!

The polls will be open in Colorado all day before the Big O’s big oration, from 7:00 am to 7:00 pm Rocky Mountain Time, enabling voters to do the talking in the first recall elections of state legislators in Colorado history.

This is no mere politician monologue, but a real democratic dialogue. And you can bet politicians will be listening — from state legislators to the gun-controller-in-chief.

The conversation started this past legislative session, when Senate President John Morse (D-Colorado Springs) and Senator Angela Giron (D-Pueblo) moved two laws through the Colorado Legislature. Anti-gun laws. This angered Second Amendment activists. The conversation continued when a group of citizens decided they weren’t willing to suffer silently; they drew up recall petitions and then gathered tens of thousands of voter signatures, triggering the recalls.

That’s a lot of hoops to jump through. The president can simply call up the networks and almost instantly communicate to millions. But citizens have to work harder for their talk time.

So, listen respectfully to the president tonight, by all means . . . but remember that, if you want politicians to listen, the initiative, referendum and recall constitute one heckuva megaphone.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment education and schooling ideological culture Second Amendment rights

Wear NRA T-shirt, Go to Jail

In April, eighth-grader Jared Marcum was arrested for refusing to change a T-shirt with the National Rifle Association logo, a picture of a rifle, and the words “Protect Your Right.” The 14-year-old now faces a possible $500 fine . . . and up to a year in prison.

Jared had bean wearing the shirt in the cafeteria when a teacher demanded he either change it or reverse it. He refused and was sent to “the office,” where he again refused. And then a police officer was called in.

According to press accounts, when Jared was sent to the principal’s office, he went. Doesn’t sound like he posed a threat to anybody. Why was the cop called in?

Jared did nothing to “obstruct” the officer — the charge that may send him to prison — except reportedly continue talking when asked to stop. If so, sounds like poor judgment, given the power over us that police have. Maybe it would be good for Jared not to remain 14 years old indefinitely. He will probably grow older even if not sent to prison, however.

What the whole controversy comes down to is this: The kid peaceably displayed a pro-rights sentiment which a particular teacher happened to dislike. Logan County Schools’ dress code doesn’t prohibit references to the Bill of Rights — indeed, it doesn’t prohibit messages on clothing unless they contain “profanity, violence, discriminatory messages or sexually suggestive phrases.”

One hopes that the school doesn’t regard a defense of the Second Amendment as “violent,”  and therefore worthy of prohibition.

Nor does wearing a pro-NRA shirt deserve the threat of a year in prison.

This is Common Sense. I’m Paul Jacob.

Categories
initiative, referendum, and recall Second Amendment rights

A Voter Revolt

The signatures are in: 16,199 of them — twice as many as needed to initiate the first recall election of a state lawmaker in Colorado history.

The target of voter ire? Senate President John Morse. He ticked off his El Paso County constituents by spearheading the recent triple whammy of gun control legislation that neatly bypassed Colorado voters earlier this year.

You may remember the controversy. The three bills in question, signed by the governor as emergency legislation so that no voter referendum was possible, elicited widespread negative reactions in the state, including nearly every county sheriff in Colorado publicly opposing the bills.

So, why did the sheriffs oppose the legislation, while Democrats in the legislature passed the bills?

Like state legislators, sheriffs are elected. But, unlike legislators, sheriffs deal with self-defending citizens qua citizens, as well as criminals and victims, on a regular basis. Such experience brings a different perspective, and makes sheriffs more skeptical of blunt legislative solutions.

Traditionally, Democrats — despite the fondness demonstrated by their party constituencies for increased government control over private weapons — tend to treat the issue of “gun control” with some modicum of care. At least, those in the mid-west and western states tend to.

But Senator Morse did not.

Morse won the senate seat back in 2010 by fewer than 350 votes, with a Libertarian Party candidate racking up 1,320 votes — almost 5 percent. Libertarians are strongly pro-Second Amendment. Yet, Morse treated his narrow victory as a call for sweeping change. A mandate!

He may reap the “reward” for such “courage.”

This is Common Sense. I’m Paul Jacob.

Categories
Second Amendment rights

The Cost of Saving a Life

The going rate for saving a child’s life in Washington, D.C., is $1000. That’s not what somebody pays you for doing so; that’s what you pay.

Considering the punishment he could have suffered, though, Benjamin Srigley got off easy.

A few years ago, a Supreme Court decision forced a little liberalization in D.C.’s gun laws. Even so, city officials always seek new ways to make bearing arms onerous. So some exercisers of their Second Amendment rights simply ignore the mandatory hurdles.

On January 11, Srigley used one of three firearms not registered in DC to shoot a pit pull attacking 11-year-old Jayeon Simon. In May, authorities agreed not to pursue criminal charges. So Srigley won’t be sent to prison. He must merely turn over $1,000 of his wealth, plus his guns. Police say he’ll get the weapons back after he registers them in Maryland, to which he is moving soon.

“We took it into account that he saved this boy’s life,” says Ted Gest, a spokesman for the attorney general.

A cousin who helps care for the boy thinks the deed should be taken even more into account. “I don’t think he should be charged at all, because it’s an act of heroism,” he says.

Oh sure. The people who value the boy’s life would be prejudiced in favor of letting his savior off the hook entirely for doing everything right and nothing wrong, wouldn’t they? That shows you where their priorities lie.

This is Common Sense. I’m Paul Jacob.

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Second Amendment rights video

Video: Fifty-four Colorado Sheriffs File Suit Against Anti-Gun Bills

Big news from Colorado: