Tag: gun control

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partisanship Regulating Protest Second Amendment rights

Partisanship & Pretense

Tennessee 3, three, guns, bullhorn

Protest is a tricky business. 

Had those in power their druthers, no protest would be allowed. Had those out of power their way, all their demands would be met.

I’d say the necessary middle ground lies in the rule of law.

Did the recent Tennessee legislature’s reaction to three legislators who broke House rules follow the law?

Not according to The Washington Post, which provided the “Democracy Dies in Darkness” spin in the headline: “Tennessee House expels two Democrats in historic act of partisan retaliation.”

In the wake of the shooting at the Covenant School in late March, with its death toll of six, “activists descended on the Tennessee Capitol and demanded that lawmakers pass gun-​control legislation. Republicans, with supermajorities in both chambers, refused to do so. The three lawmakers — dubbed the Tennessee Three — said they joined the protests inside the legislative chamber to speak out for Tennesseans whose voices have been ignored.”

But what they did is disrupt the proceedings of the legislature. Noisily. Angrily. Not-very-reasonably.

While it’s true that the votes to remove two of the three offending members were along partisan lines, it’s also true that all three offending members were unified by party.

But only two were removed from the legislature. Both are black, and the woman not removed is white. So of course the big issue for many became racism.

She escaped expulsion by one vote.

Was that vote racist?

Well, the two who were ousted used bullhorns within the legislative chamber. She did not.

That does seem an extra-​outrageous breach of decorum.

Of course, the whole idea of legislators jumping sides to pretend they are “voiceless” protesters is itself absurd, making the issue here neither partisanship nor racism.

It’s a question of posturing and pretense.

This is Common Sense. I’m Paul Jacob.

Note: After his expulsion last week, the Nashville-​Davidson Metro Council yesterday voted to return Rep. Justin Jones to the state legislature on an interim basis. A special election will be held to fill the seat in the coming months.

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Accountability crime and punishment education and schooling

Problem Student, Problem Admin

school problem, problem student, gun, violence, education

“School downplayed warnings about 6‑year-​old before teacher’s shooting, staffers say,” The Washington Post headlined its Saturday report.

Weeks ago, elementary school teacher Abigail Zwerner was shot by a first grader in their Newport News, Virginia, classroom. Authorities are not sure of the precise motive but have called the attack “intentional.”

Zwerner remains hospitalized in stable condition, while her child assailant is in emergency custody undergoing “court-​ordered mental health treatment.”*

School officials received a tip that the boy had brought a gun to school but did not find the weapon in their search.

More disturbing, The Post interviewed “educators claiming that Zwerner raised alarms … and sought assistance” but “that school administrators waved away grave concerns about the 6‑year-old’s conduct.” The lad reportedly “threw furniture and other items in class,” once “barricaded the doors to a classroom, preventing a teacher and students from leaving,” and “was known campuswide for disruptive and violent behavior.”

One educator revealed that “the boy wrote a note telling a teacher he hated her and wanted to light her on fire and watch her die.” When brought “to the attention of Richneck administrators,” however, the teacher “was told to drop the matter.

“Several teachers said they received no support when they faced violence in the classroom or attacks from students,” the article informed. “Some speakers claimed the district is more interested in keeping discipline statistics low than in taking meaningful action to address students’ problems.”

The Post’s story was hampered by numerous school personnel refusing to talk citing their fear of reprisals from school authorities. 

While mental health help must be addressed, there is no solution to problems if administrators act like crooked politicians, simply sweeping aside serious issues.

This is Common Sense. I’m Paul Jacob.

* In Virginia, a person must be seven years of age to be charged with a crime, so the first grader will not be prosecuted.

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general freedom Second Amendment rights too much government

The Gun-​Toting Ruling Class

elites

How to tell if you are part of the favored ruling class? If it is easy for you, but not most others, to obtain a concealed carry permit in your gun-​controlling state.

It’s extremely difficult to carry firearms for protection in states like Illinois, California, New Jersey and New York — except for certain Very Special Persons — rich enough or connected enough for special treatment.

Thankfully, the judicial system — which has the benefit of various guiding principles from a long-​gone time when the rulers wore red coats — is disallowing some of the nonsense.

Still, it’s a struggle to “de-​class-​ify” Second Amendment rights — that is, take gun rights from being a class issue favoring the rich and famous and allowing all peaceful citizens legal access to firearms.

“Two weeks ago, a federal judge issued a temporary restraining order against many of the restrictions on public possession of guns that New York imposed after the Supreme Court upheld the right to bear arms last June,” writes Jacob Sullum in Reason. “Unfazed by that warning, New Jersey legislators this week advanced a strikingly similar bill that includes a subjective standard for issuing carry permits and sweeping, location-​specific restrictions that make it legally perilous even for permit holders to leave home with guns.”

Politicians in these blue states remain resolute: they aim to unconstitutionally restrict access to guns. They strongly resist the current individualistic (as opposed to class-​based) trend in judicial interpretation of the Second Amendment. 

Their idea seems to be: guns for us, but not for them.

And we’re the Them.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom national politics & policies Second Amendment rights

The Indicted Have Gun Rights

self defense, gun rights, gun control, 2nd Amendment

The idea that those who are indicted for a serious crime may not buy a gun, is, I think, what many in America might think of as “common sense gun control.”

But it isn’t, for it rubs against the grain of the American legal tradition.

The pseudo-​commonsense view appears nonsensical when boldly defended by the U.S. attorney’s office, which, The Texas Tribune informs us, argued that a “law to prohibit those under felony indictment from obtaining guns does not interfere with the Second Amendment ‘because it does not disarm felony indictees who already had guns and does not prohibit possession or public carry.’”

That argument boils down to this: if you retain some relevant gun rights, others may be taken away. 

Compare it to free speech: if the government allows you to talk freely with your family, its regulation of your conversations with neighbors is hunky-dory!

“The Second Amendment has always allowed laws restricting the gun rights of groups viewed by legislatures as posing a public-​safety risk,” the prosecution elucidated, “including those accused but not convicted of wrongdoing.”

But U.S. District Judge David Counts, introduced in every account of this I’ve read so far as “appointed by former President Donald Trump” — so that must be important, eh? — denies this. He found no historical precedent for disallowing the accused and indicted from buying firearms.

Therefore, based on the recent Supreme Court decision,* Judge Countssays the government has no case. It’s still innocent until proven guilty.

That is, governments may not “take away” our rights until convicted of a specific crime, punishment for which is loss of liberty.

This is Common Sense. I’m Paul Jacob.

* That U.S. Supreme Court case is New York State Rifle & Pistol Assoc. v. Bruen.

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Second Amendment rights

Gun Grabbing G‑Men

red flag, gun control, 2nd Amendment, FBI

The FBI itches to take away your guns.

Or at least some people’s guns. That’s what recent revelations indicate, anyway.

What happened is that FBI agents got at least 15 people — it could be many more — to sign away their rights to obtain and possess firearms. Specifically, we read at The Epoch Times, “FBI officials had Americans fill out a form that said they want the FBI to make it illegal for them to purchase or own guns forever because of a mental health condition.”

Yes, it’s a strange case. 

“We’ve learned the FBI had no business disarming these individuals. They did not pose a threat to society. The FBI actions were wholly unlawful,” explained Aidan Johnston, president of a national firearms rights group, Gun Owners of America. GOA demands that “the FBI remove the records from the background check database by Oct. 8 and that Congress enforce the removals.”

This is all about Red Flag laws and similar legislation, such as the “federal law [prohibiting] shipping, transporting, receiving, or possessing any firearm or ammunition” by anyone who has been “adjudicated as a mental defective” or “committed to a mental institution.” But these people were not adjudicated on any status like that. Somehow the FBI pressured them to “give up their rights” — which technically cannot be done. 

But can be, in practice.

I said it was a strange case. Senator Rand Paul (Ky‑R) highlighted the strangeness on Fox News, noting the legal puzzle of “how someone that’s mentally incompetent to own a gun could be competent to sign away their gun rights.”

More reasons to distrust the Federal Bureau of Investigation.

This is Common Sense. I’m Paul Jacob.

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crime and punishment general freedom Second Amendment rights

Cannabis and Carry

guns, gun control, marijuana

The Biden Administration wants to make sure that marijuana users do not own guns. 

Florida Commissioner of Agriculture Nikki Fried, a Democrat, is not with the administration on this matter. Her department oversees concealed carry permits as well as some cannabis regulation, and she “argues that prohibiting all cannabis consumers from owning guns violates the Second Amendment” as well as violating “a congressional spending rider, known as the Rohrabacher-​Farr Amendment, that bars the Justice Department from interfering with the implementation of state medical marijuana laws,” explains Jacob Sullum for Reason magazine. Fried has sued the federal government to allow Florida to grant concealed carry permits to marijuana users — something the federal government disallows.

The Justice Department has now asked the courts to dismiss the case.

This is especially rich, since President Biden himself has been on the liberal side of marijuana regulation — though certainly not with guns, where he’s on the tyrants’ side.

Among many inconsistencies, current law does not prohibit people addicted to legal psychoactive drugs from owning guns, as Sullum notes, nor make a big deal about alcohol, the abuse of which has a well-​understood linkage with violence, while marijuana does not.

One could go through all the inanities, here, but we should not assume government makes sense on these issues. The federal government should generally not be in the business of regulating either gun ownership or drug usage.

States that recognize “constitutional carry” show how Florida could advance beyond the current mess of too much government interference in this realm. 

It wouldn’t be an issue were Florida to get out of the concealed carry permit racket.

This is Common Sense. I’m Paul Jacob.

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