Defending People

the tao of criminal-defense trial lawyering

Beergoggle Lawmaking

Obama’s advis­ers have cal­cu­lated that the longer they wait, the more dis­tance there is from the New­town mas­sacre and the greater the risk that the bipar­ti­san polit­i­cal will to tackle gun vio­lence will dissipate.

At the White House meet­ing, Stanek said, “the vice pres­i­dent indi­cated that there was a very short time­line for him to get back to the pres­i­dent with his rec­om­men­da­tions because the Amer­i­can pub­lic has a short memory.

Wash­ing­ton Post, White House weighs broad gun-control agenda in wake of New­town shoot­ings.

In other words, “they’re prob­a­bly not going to go for this if we give them a chance to think about it, so pass a law now before they sober up.” Screw you, Joe Biden.

Even if you, reader, think more gun reg­u­la­tions are needed, this ought to give you pause. Mak­ing laws in a hurry based on tran­si­tory pas­sions is a Bad Idea. Remem­ber the “Patriot” Act? 

You might not, because “the Amer­i­can pub­lic has a short mem­ory.” It’s truly a curse. If we had a longer mem­ory, we would not trust our gov­ern­ment as much; the gov­ern­ment would not keep get­ting away with the same crap every time our pas­sions were inflamed; and our pas­sions would not be so often inflamed, because we would remem­ber the last media cir­cus, and the one before that, and maybe even the one before that.

We might remem­ber that we all are mortal.

It might be nice if all of us could to see our chil­dren grow up, hold our grand­chil­dren, and die qui­etly in our sleep. But every day lots of peo­ple die, and many of them leave behind par­ents who mourn. Mak­ing our­selves and our chil­dren safer is a good. But a good is not an absolute.

Despite the cries, in the heat of emo­tion from a tragedy like New­town, of “if it saves one life…,” when we have a chance to cool down and reflect we real­ize that there are hid­den costs and oppor­tu­nity costs to any action we might take, and (bar­ring men­tal ill­ness) we never choose when sober to make our chil­dren safer at any cost.

We do well to hold our mor­tal­ity com­fort­ably in our minds. Some day you will die, and I will too. When we remem­ber that, we might hold our chil­dren a lit­tle closer, reflect on the sort of world we want to leave them and their chil­dren, and work to make it so.

If the world you wish to leave your prog­eny is “a world with­out guns,” get to it. If it is “a world with­out gov­ern­ment,” you’ve got a lot of work ahead of you. (If it is “a world with­out dan­ger,” please give it a lit­tle more thought.) But bear in mind that the clock is run­ning down; a freer world is, by def­i­n­i­tion, less free; a freer world is less safe; and every minute you spend try­ing to solve one prob­lem all of the oth­ers are get­ting ahead of you. 

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

32 Responses to “Beergoggle Lawmaking”

  1. Here is a thought… a ques­tion I get asked a lot is “why does any­one NEED an assault rifle?”

    The answer? Well, no one needs an assault rifle.

    But that isn’t the point. No one NEEDS free speech, espe­cially the KKK and Fred Phelps. Just like no one needs a mar­riage, a gay mar­riage, or right to due process.

    The rea­son the 2nd Amend­ment should pro­tect “assault” rifles is because, just like racist speech, they are unpop­u­lar. I don’t think there is any move­ment to ban my bolt action .30−06, or a civil war mus­ket any­more than there is a move­ment to ban my abil­ity to say “Go Eagles!” or “Eggs are delicious.”

    It is stuff that is unpop­u­lar that needs to be pro­tected, oth­er­wise there would be no need to write it into the Constitution.

    • Michael Stuart says:

      Indeed, the “need” argu­ment is a vel­vet sock on an iron cudgel…and its idiocy eas­ily reductio’ed ad absur­dum to “you don’t NEED a 32-oz coke”, “you don’t NEED to have doggie-style inter­course”, “you don’t NEED a car with more than 40 horsepower”…

      But it’s deeper than that. The non-naive forces behind cit­i­zen disarmament–note that the would-be tyrants retain all THEIR guns–recognize the Evil Black Rifle (incor­rectly named “assault rifle”) as a scourge upon tyranny. As well, it is the canary in the coal mine; eas­ily vil­li­fied, it pro­vides a con­ve­nient first step to total disarmament.

      Why do the tyrants fear it? Because it is the “queen of bat­tle”; an effec­tive quasi-military arm in the hands of com­mon peo­ple. Ter­ri­fy­ing to the Stal­ins, Hitlers, Pol Pots, and Maos of the world.

      Fewer peo­ple die being shot by a rifle than die being clubbed to death with a bat or a ham­mer. The New­town case didn’t even use one–his much-vaunted Bush­mas­ter was found in his car.

      Never you mind. Just give us your guns–or, as Ms. Fein­stein* said in her speech over the last “assault-weapons” ban, “Mr. and Mrs. Amer­ica, turn’em all in!”

      For your safety. For the chil­dren. We’ll take care of you.

      Oh yes, we will.

      * I chal­lenge you to look in this women-thing’s eyes and see any­thing but a cold-blooded predator

      • Nels Ekelund says:

        But if it is a ques­tion of free­dom, why shouldn’t cit­i­zens be able to have access to all types of weaponry: anti-aircraft guns, mini-guns, bazookas, grenade launch­ers, RPG’s, Stinger mis­siles, tanks, clay­mores, etc.? If the gov­ern­ment forces have such arse­nals, then clearly a sim­i­lar arse­nal should be nec­es­sary to ensure free­dom through detente. While there are cer­tainly high risks of inten­tional or inad­ver­tent harm from using these weapons, the freedom-versus-need dichotomy clearly rules out any sort of reg­u­la­tory cost-benefit analy­sis to the extent that it inter­feres with auton­omy. Sim­i­larly, no restric­tions on gun own­er­ship by chil­dren, the blind, the men­tally unsta­ble and felons released from prison can be jus­ti­fied, because that would be a tyran­ni­cal gov­ern­ment impos­ing con­di­tions restrict­ing the abil­ity of free men and women to arm them­selves as they saw fit to ensure that the gov­ern­ment doesn’t enslave the pop­u­lace with its supe­rior armaments.

        The anti-gun-control lobby essen­tially argues the posi­tion that acci­den­tal gun deaths, mass mur­ders with guns and other gun-related crimes are merely the cost of free­dom. My right to fire a gun at some­one I feel threat­ened by clearly and unequiv­o­cally out­weighs the right of peo­ple to avoid get­ting acci­den­tally shot by cit­i­zenry too quick to judge threats and who believe in shoot­ing first and ask­ing ques­tions later.

        The argu­ment that gun-free zones don’t stop crazed shoot­ers neglects the point that armed guards or armed teach­ers might prove equally inef­fec­tive, as well as cre­at­ing a sit­u­a­tion where neg­li­gence could eas­ily result in chil­dren get­ting their hands on guns.

        • Michael Stuart says:

          I’ll char­i­ta­bly assume you’re not a mem­ber of the cas­trati choir and answer logically.

          Your enu­mer­a­tion of pow­er­ful weapons–meant to frighten with the prospect of such ter­ri­ble machin­ery in the hands of us Mere Mundanes–contains the fal­la­cious assump­tion that us Mere Mun­danes would pro­ceed to wreak havoc. And, the even more pre­pos­ter­ous assumption–that those weapons, in the hands of the State’s Exalted Ones, are used only for good and peace­ful purposes.

          For the lat­ter: demo­cide is the lead­ing cause of unnat­ural death in the last cen­tury. Gov­ern­ments have killed–out­side of war–more than 250 mil­lion peo­ple since 1900…acts uni­ver­sally pre­ceded by civil­ian dis­ar­ma­ment.

          For the for­mer: oh ye of lit­tle faith, are you pro­ject­ing or do you expect so lit­tle of your fel­low man? Why, when mil­lions like myself already pos­sess those “ter­ri­ble imple­ments of war”–powerful bat­tle rifles, fifty-caliber sniper rifles–are you more likely to be killed with a ham­mer than ANY rifle much less an Evil Black Rifle?

          The detente exists despite gov­ern­ment hav­ing arro­gated to itself the greater weapons, because the numer­i­cal dis­ad­van­tage is so stark first, and sec­ond because those gov­ern­ments depend on con­sent for their exis­tence. (A con­sent, BTW, man­u­fac­tured today by near-fatal doses of lies and propaganda)

          Ah–another shib­bo­leth! The insane, the mur­der­ous, the felo­nious, the blind, ARMED! Sound the alarm! The fact is, felons released from prison prior to the (Nazi-inspired) Gun Con­trol Act of 1968 received their arma­ments upon serv­ing their sen­tence. None of this per­pet­ual pun­ish­ment we have today; they’d “done their time” and all was for­given. Today, we have the Prison Plan­ta­tion; once in the sys­tem, marked forever.

          And who will define “insane”, and “felo­nious”? Why, the State of course; and a cur­sory glance of his­tory shows no gov­ern­ment has ever used psy­chi­a­try as a weapon. Except all of them…Soviets, Chi­nese, North Korean, Cuban…

          Then we come to the last point. Hon­estly, Nels, with a Scan­di­na­vian name like that I’d think you’d know Finland’s his­tory. Or Norway’s very recent his­tory. You con­tinue to sup­port vic­tim dis­ar­ma­ment zones–seriously?–with the objec­tion that armed guards and/or teach­ers might MISS? Or the even greater improb­a­bil­ity of a child
          a) get­ting the weapon and
          b) actu­ally fir­ing it?

          Hope­less hoplo­phobes such as your­self imag­ine guns I think some­what like a live rattle-snake. Liv­ing, vicious things; ready to strike when touched.

          Turn­ing off the safety requires knowl­edge and a lit­tle dex­ter­ity; that assumes the car­rier car­ries it “hot” with a round cham­bered and action cocked. A more cau­tious car­rier leaves the cham­ber empty on a semi-auto pis­tol; rack­ing the slide requires dex­ter­ity and a fair amount of hand strength–well beyond a young child’s.

          Any child that already knows how to do these things–and has the strength to do it–has been taught by their par­ents and knows better.

          Let’s say this sce­nario plays out and two chil­dren per year are killed. It’s still less than the num­ber killed in mass shootings–which itself is tragic, but extremely small.

          The moral argu­ment takes pri­or­ity; self-defense and defense of inno­cent chil­dren is an absolute right and duty. The util­i­tar­ian argument–that fewer kids will be killed in acci­dents from guns car­ried in schools–is weaker, but still true.

          I sup­pose your last point on vic­tim dis­ar­ma­ment zones implies your ulti­mate solution–ban all guns.

          And I sup­pose that would work as bril­liantly as all other bans have; for exam­ple, my total inabil­ity (due to laws against them) to obtain heroin or meth.

          I will waive my usual steep sur­gi­cal fee, Nels. Dis­sect­ing your argu­ments amounted to an autopsy–DOA.

  2. David Pemberton says:

    Demo­cide is the lead­ing cause of unnat­ural death in the last cen­tury’ I don’t have the exact stats to hand, but.… what? The gov­ern­ment of Amer­ica is sud­denly going to decide to com­mit geno­cide? It frankly seems vir­tu­ally impos­si­ble (unless, of course, it’s all going to be the UN-in-black-helicopters.) I’m also not sure on the whole ‘civil­ian dis­ar­ma­ment’ thing. I think sev­eral of these demo­cides (won­der­ful new phrase) devel­oped into a full-blown civil war only after peo­ple were armed. I’m reminded of every­one who said that, in the 90s, we should just let the Bosni­ans and the Serbs fight it out with all the guns they might pos­si­bly want.

    I do think, how­ever, you’re basi­cally right when it comes to the ‘insane and felo­nious’. The prison state is awful, and the Nazi prospect of psy­chi­a­try is a hideous one.

    Finally, in my home of Britain, it is actu­ally pretty damn hard to obtain a gun, which might explain why we’ve had no mass shoot­ings since they were banned.

    • Michael Stuart says:

      I’m not cer­tain I’m pars­ing your logic cor­rectly, but let me take a stab at it–that is what Britons do nowa­days, being “gun-free”?

      Gov­ern­ments “sud­denly decid­ing to com­mit geno­cide” is a fre­quent and pre­dictable fact in the last century.

      Here’s an author­i­ta­tive source; there are oth­ers as well with sim­i­lar fig­ures (http://www.hawaii.edu/powerkills/20TH.HTM) in case the link doesn’t post)

      Here’s a quick sum­mary to whet your appetite for more research into demo­cide (Rummel’s term, not mine):
      China — 76m
      USSR — 61m
      Ger­many — 20m

      Will the US gov­ern­ment sud­denly turn mur­der­ous? It has already, in prin­ci­ple–and once the prin­ci­ple is estab­lished, the imple­men­ta­tion is a mat­ter of degree. Not so? NDAA–warrantless deten­tion, ren­di­tion, imprisonment…and KILLING with no due process. They’ll never do it? Have already–Anwar al-Awlaki, American-born, Amer­i­can cit­i­zen. Oh and his 16-year-old son, too, just in case. The president–and imag­ine try­ing to say this with a straight face twenty years ago–admit­tedly, openly, pub­licly–has a “kill list” he coolly debates every Tues­day morn­ing. After scones and cof­fee, perhaps?

      The Ger­mans were at the apogee of cul­ture, lit­er­a­ture, art, and sci­ence. In 1938, Hitler dis­armed the Jews…and the Ger­man gov­ern­ment “sud­denly decided to com­mit genocide”.

      Stalin. Hitler. Mao. Pol Pot. Every one started with disarmament.

      Finally, in my home of Britain, it is actu­ally pretty damn hard to obtain a gun, which might explain why we’ve had no mass shoot­ings since they were banned.

      Why that’s WONDERFUL for you! If we did the same, and mass shoot­ings stopped, we’d save…wait for it…

      …we’d save almost 100 lives per year! Hooray!

      Oh. Except at present, at least 500,000 crimes per year are pre­vented by legal gun own­ers. So, that part would suck. But we’d have fewer mass shootings!!

      I should note that most mass shoot­ings occur in Vic­tim Dis­ar­ma­ment Zones–so-called “gun-free” zones, like schools. And malls. That aren’t actu­ally gun-free, when there’s a mass shoot­ing; only other times, when peo­ple like me could have car­ried a weapon to pre­vent the shoot­ing. Yet the psychopaths-in-charge want STRICTER gun-free zones; yes this time, they’ll put those pesky shoot­ers on double-secret pro­ba­tion and pun­ish them EXTRA severely…except they mostly off them­selves. Ah well, it was a nice idea–good enough for gov­ern­ment work.

      Indeed those leg­is­la­tors have those chil­drens’ blood on their hands for pre­vent­ing their defense.

      I’ll also note that the UK–with its low-low Piers-Morgan-approved gun mur­der rate of 35-something per year–is a crime-ridden shit­hole, the least safe place in the EU, with four times the vio­lent crime rate of the US.

      I’ll take my chances on a mass shoot­ing for those statistics…and for the greater prin­ci­ple at stake–my absolute right to self-defense with what­ever means I desire

      Before you flame back–I love the British peo­ple, espe­cially the Scot­tish; after all I’m half descended from them…and yes, the Stu­art last­name is that Stu­art. But they’ve idi­ot­i­cally dis­armed themselves…and now they’re sheep await­ing the slaugh­ter, being picked off at will by crim­i­nals against whom they’re defenseless–and I include crim­i­nals of the gov­ern­ment class as well.

  3. David Pemberton says:

    Firstly, none of the coun­tries (but for Weimar Germany/Hitler) were democ­ra­cies at the time of the geno­cide. At no point does Rum­mel ever sug­gest that the USA might sud­denly turn dic­ta­to­r­ial, so it appears your sug­ges­tions are shame­less manip­u­la­tion of aca­d­e­mic research. (I have read the study, so don’t bother with the facts about for­eign demo­cide by the USA. A) it’s irrel­e­vant and b) I’ll men­tion it later.)

    Sec­ondly, the evil, uncon­sti­tu­tional, dis­gust­ing mur­der (and make no mis­take, it is mur­der) is still a world away from a con­cen­tra­tion camp in one’s home. For one thing, attack­ing a few regions near allied bases is fun­da­men­tally dif­fer­ent to blitz­ing a whole con­ti­nent. But yes, humour­ing you, even 40 years ago, with a straight face — oh, wait, Nixon’s ene­mies list. But not sev­enty years ago, admit­tedly, openly, pub­licly… Oh, sorry, Japan­ese intern­ment. They never would have coolly debated it a cen­tury ago, but for the Sedi­tion Act, and every­thing else. If the Pres­i­dent ate scones and cof­fee 150 years ago, he def­i­nitely wouldn’t have dis­cussed, say, sus­pend­ing habeas

    • Michael Stuart says:

      What does their form of gov­ern­ment have to do with the fact that they dis­armed their cit­i­zens before mur­der­ing them en masse? As you point out, one of them was a democracy…possibly the most despi­ca­ble form of gov­ern­ment. The point remains; gov­ern­ments intent on demo­cide must first remove the major obstacle–civilian arms.

      We were once a Repub­lic; we are devolv­ing into a democracy.

      At what point did I manip­u­late research, or say Rum­mel implied we’d descend to tyranny?

      The facts stand: death-by-government, demo­cide, is the lead­ing cause of unnat­ural death in the last 100 years. If you include deaths by war–another game gov­ern­ments play for profit, power, and amusement–the num­bers are even more staggering.

      You admit the premise–that the Amer­i­can gov­ern­ment coldly mur­dered two of its own cit­i­zens, one an inno­cent child, with­out even a court hear­ing. That is the camel’s nose, its flea-bitten stink­ing body soon to enter the tent. Once the prin­ci­ple is estab­lished, his­tory shows clearly the progression.

      Sure–Nixon had an ene­mies list. But were any of them oblit­er­ated by Hell­fire mis­siles? Yes, intern­ment, yes, Sedi­tion Act and Lincoln’s sus­pen­sion of habeas. Actu­ally, fine aux­il­iary exam­ples of government’s basic nature–force and violence.

      The lat­est kill list is an evolution–a dras­tic punc­tu­ated step–in that pro­gres­sion of raw author­i­tar­i­an­ism. It estab­lishes the prin­ci­ple, and it’s been put in prac­tice. More­over its gen­e­sis was steeped in deceit and sub­terfuge; attached to the NDAA, Obama promised he wouldn’t sign it if it passed…then pro­ceeded to sign it, but said he’d never use it against Americans…except he actu­ally DID…and it turns out, he and his lawyers actu­ally WROTE it, and specif­i­cally required the inclu­sion of Amer­i­can citizens.

      Which is not to say Rom­ney wouldn’t have done the same, by the way; both sides are owned by the same inter­ests and are merely a Kabuki theater-dressing on the real players.

      Will the Amer­i­can gov­ern­ment sud­denly turn demo­ci­dal? For those who have ears, lis­ten. There’s time to avert the path we’re on.

      Or you can take the Blue Pill, enjoy a dig­i­tally sim­u­lated steak, and believe what­ever you want to believe.

      • David Pemberton says:

        Their form of gov­ern­ment sug­gests that no democ­racy is going to com­mit demo­cide. Simple.

        Oh, the good old slip­pery slope fal­lacy. Wonderful.

        • David Pemberton says:

          Oh, and my exam­ple­poser meant to point out law­less­ness =/= democide.

        • Michael Stuart says:

          Ja–except good old Deutsch­land…which was a democ­racy that dis­armed cit­i­zens. So there’s that.

          Wait…are you chan­nel­ing Monty Python’s knight? “You yel­low bastard..I’ll bite your legs off!”

          Pray what is an exam­ple­poser?

          Is this a new debate tech­nique, obtuse­ness ad absur­dum? Because I’m estab­lish­ing that a prin­ci­ple has been enun­ci­ated, and put into prac­tice. This, along with a legion of other enabling laws, the very obvi­ous mil­i­ta­riza­tion of police, and a siege on the bill of rights–evinces a design that is only too obvi­ous in the light of history.

          The prin­ci­ple actors–Obama, Holder, et al–have writ­ten of their plans for total dis­ar­ma­ment. Bill Ayers, Obama’s men­tor, agreed with plans by the Weath­er­men to imprison 50 mil­lion Amer­i­cans in “re-education camps”.

          WILL these things hap­pen? Prob­a­bly not. But they’re not stopped by loudly pro­claim­ing “it can’t hap­pen here”, stick­ing your fin­gers in your ears, and yelling “LA LA LA LA”.

          They’re stopped by intel­li­gent, informed peo­ple who know his­tory and main­tain vigilance–and arms–against tyranny.

          • David Pemberton says:

            It would indeed be obtuse to attempt to com­bat your first four para­graphs, so I won’t bother.

            But ‘Bill Ayers, Obama’s men­tor’? Please have some respect for even my very lim­ited intel­li­gence. Bill Ayers has never been con­victed. The Weath­er­men were dis­banded 40 years ago, while dur­ing a short period 15 years ago Obama served on a char­ity board with him. It is pos­si­ble he never even had a one on one con­ver­sa­tion with him. As respectable an organ­i­sa­tion as BBC News says your link (and Sarah Palin’s) was ‘tenuous’.

            It may well hap­pen. But the proper way to respond is by remem­ber­ing your great tra­di­tions, Mar­tin Luther King, fem­i­nism, Stonewall, the Found­ing Fathers.… None of whom required guns for their noble cam­paigns. The tragic fact is guns are used for mur­der, and not for pre­vent­ing tyranny.

  4. David Pemberton says:

    I hate the sub­mit button.

    Cor­pus. Damn. This his­tor­i­cal exam­ple busi­ness really isn’t work­ing, is it?

    I’m glad you picked the Nazis in par­tic­u­lar. When Mar­tin Niemoller wrote:

    First they came for the com­mu­nists,
    and I didn’t speak out because I wasn’t a communist.

    Then they came for the social­ists,
    and I didn’t speak out because I wasn’t a socialist.

    Then they came for the trade union­ists,
    and I didn’t speak out because I wasn’t a trade unionist.

    Then they came for the Jews
    and I didn’t speak out because I wasn’t a Jew.

    Then they came for the Catholic
    and I didn’t speak out because I wasn’t a Catholic.

    Then they came for me,
    and there was no one left to speak for me.

    He didn’t write

    First they came for the Com­mu­nists.
    I did not speak up because, bloody hell, they took away my Kalash­nikov! If only I hadn’t let myself get dis­armed, I def­i­nitely would have stood up to ye entire, incred­i­bly well-armed, Nazi regime. Hon­estly. Obviously.

    This sort of thing — think­ing that if only I’D been there in Nazi Ger­many or Stal­in­ist Rus­sia (or indeed a mass mur­der scene) I would have behaved like Hel­muth van Moltke, the White Rose Group, Solzhen­it­syn, or Sakharov. This kind of think­ing — dis­played per­fectly by your quote ‘peo­ple like me could have car­ried a weapon to pre­vent the shoot­ing’ — is arro­gant, con­temp­tu­ous of his­tory, con­ceited, and self-aggrandising.

    Your dis­tinc­tion between mass shoot­ings and plain mur­ders is a fairly ten­u­ous one. If we banned guns, 1000 peo­ple — mur­dered — would be still alive. I’ll let you guess in which period the 10% of the pop­u­la­tion of an Eng­lish county were shot. But hey, you can stop some­one pick­pock­et­ing you! So yay!

    The GFZs? Cor­re­la­tion does not imply cau­sa­tion. The rea­son there are mass shoot­ings in GFZs is… because they’re the only places, vir­tu­ally, you actu­ally get masses of peo­ple. I some­how don’t think that you don’t hear about mass shoot­ings in rural Mon­tana ranches because they’re not GFZs.

    Finally, three points to your penul­ti­mate para­graph. One: the harm prin­ci­ple. Two: It’s a shame you hate the Con­sti­tu­tion, since it says ‘A WELL REGULATED.…’ Three: So you want some­one to be able to buy a nuclear mis­sile to defend your­self aganst the evil, evil Canadians?

    • Michael Stuart says:

      Missed this response before the next one but here goes; BTW I’m glad this post of yours makes at least an attempt at sub­stan­tive refutation.

      Of course speak­ing out first, mid­dle, and almost to the end is the cor­rect action. With­out hav­ing first exhausted, then flogged to death, all peace­ful avenues the nec­es­sary de-legitimization of the oppres­sive State won’t be estab­lished. But hav­ing de-legitimized the State–just as Gandhi did by peace­ful protest–then, to arms.

      For at least we can save our­selves the indig­ni­ties of being slaugh­tered en masse like the Ukraini­ans, the Jews, or the Chi­nese to men­tion just three of the many examples.

      peo­ple like me could have car­ried a weapon to pre­vent the shoot­ing’ – is arro­gant, con­temp­tu­ous of his­tory, con­ceited, and self-aggrandising.

      And YET–there are his­tor­i­cal exam­ples of just such actions; the Rev­o­lu­tion­ary War comes to mind. Arro­gant? I hope the time to prove it never comes; I also hope I’m up to it if it does. And I will damn sure have the instru­ments to act, if I’m not a cow­ard. You might or might not have suf­fi­cient courage either; but it’s a moot point, you’re dis­armed and can’t exer­cise the prerogative.

      Your dis­tinc­tion between mass shoot­ings and plain mur­ders is a fairly ten­u­ous one

      I didn’t make it–you did, by stat­ing you had none there. Nev­er­the­less my point remains; you have four times the vio­lent crime rate. Mur­ders leave peo­ple dead, regard­less of method.

      GFZs is… because they’re the only places, vir­tu­ally, you actu­ally get masses of people

      I’ll cite a recent exam­ple; a young man with a concealed-carry per­mit short-circuited a mass shoot­ing in an Ore­gon mall with­out even fir­ing a shot. If only one or more of the teach­ers at Sandy Hook had been armed!
      Restaurants–in fact Texas’ concealed-carry laws were spear­headed by Dr. Suzann Hupp, who sur­vived the restau­rant mas­sacre at a Luby’s in Killeen, Texas. Her story is highly illustrative.

      Well reg­u­lated
      Exam­ine the his­tor­i­cal mean­ing of “well reg­u­lated”; at the time, its mean­ing was very clearly “reg­u­lar”, as in “well main­tained” and “well trained”–not the bas­tardized mod­ern mean­ing of “leg­is­lated out of exis­tence”. The 2A com­mands us to be good shots in com­mand of clean weapons.

  5. Michael Stuart says:

    But the proper way to respond is by remem­ber­ing your great tra­di­tions, Mar­tin Luther King, fem­i­nism, Stonewall, the Found­ing Fathers…. None of whom required guns for their noble cam­paigns. The tragic fact is guns are used for mur­der, and not for pre­vent­ing tyranny.

    (ital­ics mine)

    I con­cede, you’ve ably dis­armed me just as the Black Knight was disarmed.

    Because George Wash­ing­ton, pre­sag­ing Gandhi*, fought your king with noble uni­corn kisses and fairy­tale wishes; not guns because those are bad.

    And MLK was not pro­tected by armed body­guards, nor did he seek a concealed-carry per­mit for him­self. Unfor­tu­nately even that was not enough–because MLK was killed by his own government.

    BTW is hand­ing me exam­ples use­ful in debunk­ing your own points some new form of British hyper-civility? Has dis­ar­ma­ment gone so far there that you’re required to hand the bur­glar your sharpest kitchen knife?

    *Gandhi: ““Among the many mis­deeds of the British rule in India, his­tory will look upon the Act of depriv­ing a whole nation of arms, as the blackest””

    • David Pemberton says:

      MLK was killed by his own gov­ern­ment? Last time I checked, he was mur­dered by a mad­man who pleaded guilty.

      I per­son­ally find your metaphor irrel­e­vant, ten­u­ous, vul­gar, crass, and quite pos­si­bly offen­sive, but that’s just me.

      • Michael Stuart says:

        On MLK–dig deeper.

        I per­son­ally find your argu­ment wholly unconvincing.

        But amus­ing; your last response res­onates with yet another Monty Python–
        A Fish Called Wanda

        I won’t repeat the rest here; I’d hate to be charged with vul­gar­ity or crassness–or give offense.

        May I assume from the dwin­dling sub­stance in your responses that you’ve con­ceded to the facts?

        • David Pemberton says:

          I have dug, and I found that on the bal­ance of prob­a­bil­ties ALONE, the gov­ern­ment were sug­gested to have killed him. Not nearly enough for a ‘murder’.

          Dwin­dling sub­stance? No, I merely don’t have enough time to respond to every sin­gle one of your com­ments, imme­di­ately, at great length.

          • Michael Stuart says:

            To sum­ma­rize your positions:

            Guns are bad.

            Gov­ern­ments (sorry, democ­ra­cies) do not com­mit democide.

            Cit­i­zens can­not stop gov­ern­ments (sorry, democ­ra­cies) from com­mit­ting demo­cide which they never do but if they did cit­i­zens couldn’t stop it–even with arms.

            Democ­ra­cies never devolve into dictatorships.

            Gun free zones work because nobody brings guns to gun free zones.

            In case of emer­gency, dial 911 and wait for a per­son with a gun to arrive for your pro­tec­tion. While wait­ing, enter­tain your attacker with hilar­i­ous recita­tions of Mein Kampf done in a lilt­ing Irish accent. Keep him laugh­ing or he’ll shoot you–with his ille­gal gun!

            • David Pemberton says:

              Well, I never actu­ally said your final two points, so let me put you right.

              • Gun Free Zones are NOT directly why peo­ple mur­dered die.

              • Are you com­pletely pos­i­tive you’re OK?

            • David Pemberton says:

              To sum­marise your position:

              Guns are brilliant.

              The most famous democ­racy in the world is going to sud­denly unleash gulags on its own cit­i­zens across a con­ti­nent (some­thing no respected polit­i­cal sci­en­tist I know of has con­sid­ered seriously).

              Every sin­gle cit­i­zen will take to the streets (with their assault rifles) to pre­vent this, risk­ing death for all of them to pre­vent it, because obvi­ously a gov­ern­ment doesn’t have more force than its people.

              Gun free zones don’t work because some­one can kill the killer there (because the mass mur­derer woud never just gun them down before they were able to kill them).

              And, to go with your final utter madness:

              In case of emer­gency, take out your rifle and go out and shoot tens of thou­sands of inno­cent peo­ple every year. While wait­ing for peo­ple to shoot, enter­tain the police (who, in your world, don’t have guns that they are trained and reg­u­larly assessed to use) with just shoot­ing them.

          • Michael Stuart says:

            Very well! Now that our posi­tions are com­pletely clear, let’s move on to solutions.

            I pro­pose indi­vid­ual free­dom; that each act accord­ing to his will and con­science, as long as he does no harm or fraud to another.

            That includes his right to own property–including guns, as long as he does so peacefully…using them for tar­get prac­tice, hunt­ing, and self-defense.

            Should any man com­mit a crime–and specif­i­cally, a malum in se crime–regard­less of what weapon, if any, he’s tried prop­erly and punished.

            We’re clear so far?

            I think you’re propos­ing remov­ing that right–correct?

            But not for the State; they may remain as heav­ily armed as ever.

            Do you then hew to the UN’s posi­tion in the ATT, that (para­phras­ing) “civil­ian arms threaten the legit­i­mate power monop­oly of the State?”

            Because that sen­tence fright­ens the hell out of me; and should every­one else who’s read the Cliff Notes of history.

            And more­over, should one or more peo­ple object to the con­fis­ca­tion of their arms, would you then send armed men to con­fis­cate those arms from peace­ful people?

            Isn’t that just del­e­gat­ing violence?

            And if you’re cer­tain of the moral­ity of that posi­tion, would you your­self threaten a peace­ful per­son to con­fis­cate their property?

  6. David Pemberton says:

    I hold to that won­der­ful lit­tle thing called the right to life. I pro­pose the harm prin­ci­ple; the notion that I have a right not to be shot.

    That, how­ever, includes the right to — when well reg­u­lated — own a gun, if it is used for hunt­ing and so on. That means peo­ple assessed as, and trained to be, capa­ble of own­ing a gun for peace­ful pur­poses should be allowed to.

    I don’t recall the bit where I said ‘If some­one mur­ders with a knife, then yeah, let them go free!’ (On a tan­gent, are there any non-possession (mostly strict lia­bil­ity) firearms crimes which are malum prohibitum?)

    I feel — and I admit I haven’t said this — the state should actu­ally be dis­armed, mostly.

    • Michael Stuart says:

      I feel – and I admit I haven’t said this – the state should actu­ally be dis­armed, mostly.

      Oh…OH! Now that’s interesting!

      I do believe we’ve found a piece of com­mon ground…and it’s pure granite.

      I’m off to run some errands…I’ll com­pose a response for later.
      I must say–as rough as it’s been, I’m enjoy­ing this ver­bal fenc­ing with you.

    • Ross says:

      Well reg­u­lated, as used in the 2nd Amend­ment means well trained, not well con­trolled by mind­less bureau­crats. The 2nd Amend­ment isn’t about hunt­ing, or sport, or any­thing else spe­cific. It’s about the right to keep and bear arms for any rea­son, but espe­cially to keep and bear mil­i­tary arms to dis­cour­age gov­ern­men­tal tyranny.

      It is not government’s job to assess whether or not I am “suit­able” to own a gun. There’s not a bureau­crat out there that’s qual­i­fied to make that call.

    • Michael Stuart says:

      Sorry for the delay in responding–silly details like life in the phys­i­cal world…

      On the harm prin­ci­ple–absolutely! It’s the very heart of lib­er­tar­i­an­ism; sim­ply a restate­ment of the NAP…and the idea goes back 3,000 years to some Daoist philoso­phers in China, among them Lao Tzu.

      That means peo­ple assessed as, and trained to be, capa­ble of own­ing a gun for peace­ful pur­poses should be allowed to.

      I’m extremely leery of the word “allowed”. If self-defense is a nat­ural right–which I think we agree it is–then “allowed” is quite scary. And key to that is at what level that power ascends: that is, is “allowed” a national law? Fright­en­ing. A state law? A lit­tle more palat­able, as I can vote eas­ily with my feet. County? City? Neigh­bor­hood? We’re get­ting closer. Fam­ily? Ah–now we’re talking.

      Ulti­mately I’d do away with “allowed” at all; it is assumed that every indi­vid­ual exists in a free state…unless he has harmed another…in other words, “no vic­tim, no crime”.

      I don’t recall the bit where I said ‘If some­one mur­ders with a knife, then yeah, let them go free!’ No–you didn’t, if I implied you did I misspoke.

      I feel – and I admit I haven’t said this – the state should actu­ally be dis­armed, mostly.

      NOW we’re talk­ing! When I read phrases from the UN ATT (arms trade treaty) like “…civil­ian arms threaten the legit­i­mate power monop­oly of the State” the hairs on my arms stand up. I’ve not read a more chill­ingly total­i­tar­ian statement…it cer­tainly strips away euphemism and shows Mao’s gun-barrel for what it is!

      I’m read­ing Rees-Mogg’s The Sov­er­eign Indi­vid­ual; core to his the­sis is the shift­ing value of vio­lence and its rela­tion to the col­lec­tive ver­sus the indi­vid­ual over time.

      In essence, to me the 2A is about a bal­ance of power. The mod­ern nation-state, which is a blink of the eye historically–it’s only really 200 years old–has reached the peak of orga­nized violence–both real­ized in wars, and threat­ened with nuclear escalation.

      It’s time to devolve that power back to smaller entities.

      • David Pemberton says:

        I would be fairly happy in hav­ing a well-regulated state law; it would prob­a­bly effec­tively deal with the issues at hand. I think pre-emptive mea­sures may be mre help­ful, but I do feel there are some legit­i­mate com­pro­mise mea­sures there. For instance, I believe (and I’m not an expert) one can defend one­self just as eas­ily with a low-calibre gun as a extremely fast assault rifle with a large round size.

        I under­stand that, to some extent, the State should have a legit­i­mate power monop­oly — I’d rather that then bunches of com­pet­ing mili­tias and armed fac­tions. But I don’t feel I can sup­port a state which osten­ta­tiously dis­plays its armed power (armed police, for instance, or para­mil­i­tary forces.) Within the abil­ity to pre­vent Clodius and Milo, the state should be disarmed.

        I sup­pose a book also tack­ling vio­lence is The Bet­ter Angels Of Our Nature, by Steven Pinker. The value of vio­lence does change, and when Oppen­heimer said ‘Now I am become death, the Destroyer of Worlds’ it changed again. I would sug­gest (inter­na­tional rela­tions spe­cial­ists say it’s out­dated, but it’s a use­ful sh

        • David Pemberton says:

          Ort­hand) that West­phalia 1648 was the begin­ning of the nation state. I don’t want that power to be devolved; in fact, and this is basi­cally irrel­e­vant, I want it to be devolved to LARGER enti­ties, fed­er­al­ist states such as the Euro­pean Union. I sup­pose one could argue the prac­ti­cal impli­ca­tions of that would be to stop great degrees of organ­ised vio­lence inter­na­tion­ally, and pos­si­bly to have more devolved insti­tu­tions. But it’s never going to hap­pen, trag­i­cally, so it doesn’t matter.

          (Irrel­e­vant side notes: Requi­escat in Pace, poor Lord Rees-Mogg. Also, you men­tion the Swiss below: I believe I’ve already men­tioned Graubinden as the world’s first democ­racy. If I haven’t, I have now.)

  7. David Pemberton says:

    There is noth­ing bet­ter than debat­ing with a oppo­nent with well-thought-out poli­cies to clar­ify one’s own. I, too, enjoyed this (and I’m sub­tly glad that I gave your argu­ments a ‘rough time’!) Also, I’m glad that we found com­mon ground.

    Ross; Firstly, I don’t know how ‘well reg­u­lated’ can mean ‘well trained’. Sec­ondly, it’s a lit­tle odd that the 2nd Amend­ment isn’t about any­thing spe­cific, but is specif­i­cally about pre­vent­ing tyranny, appar­ently. Thirdly, that’s actu­ally ques­tion­able. Pro­fes­sor Den­nis Baron, Pro­fes­sor Richard Bai­ley, and Pro­fes­sor Jef­frey Kaplan all think that the Sec­ond Amend­ment does not pro­tect this but instead only refers to mil­i­tary ser­vice. Finally, so what do we do? What is wrong with a gov­ern­ment offi­cial assess­ing your men­tal health? Thou­sands of bureau­crats do that every day with the min­i­mum of fuss.

    • Michael Stuart says:

      I read much of the mate­r­ial gen­er­ated around the Con­sti­tu­tion as well, and the tenor of those writ­ings make a few things very clear. The Founders abhorred stand­ing armies; in fact, Arti­cle I Sec­tion 8 for­bids rais­ing an army for more than two years.

      They very obvi­ously mod­eled our national defense after the Swiss, who’ve done a bang-up job for hun­dreds of years. There’s the famous but prob­a­bly apoc­ryphal con­ver­sa­tion between a high Nazi gen­eral and his Swiss coun­ter­part. The Nazi demanded Switzer­land allow Ger­man troops to cross; he threat­ened he’d bring 500,000 troops. The Swiss gen­eral calmly replied “And 500,000 Swiss men will leave their homes, shoot once, and return.” The Nazi gen­eral was furi­ous and esca­lated to a mil­lion; the Swiss replied “the men will have to shoot twice.”

      From other writings–notably Jefferson’s–it’s pretty clear the Founders envi­sioned a dual role for a well-armed cit­i­zenry; national defense, and tyranny defense.

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