Why We Are All Wrong on Gun Rights "When our ancestors forged a land "conceived in liberty", they did so with musket and rifle. When they reacted to attempts to dissolve their free institutions, and established their identity as a free nation, they did so as a nation of armed freemen. When they sought to record forever a guarantee of their rights, they devoted one full amendment out of ten to nothing but the protection of their right to keep and bear arms against governmental interference. Under my chairmanship the Subcommittee on the Constitution will concern itself with a proper recognition of, and respect for, this right most valued by free men."
Yes, we
are all wrong on gun rights. This includes not only the general media, but the
gun industry and the gun lobby as well. We have lost the concept of liberty and
have lost what the Second Amendment was and is all about. It is shameful when
the gun industry itself attacks and seeks to devour its own. This was recently
the case when, of all groups, the NSSF chose to attack a pro-gun blogger merely
because he disagreed with the NSSF's confusing, lamentable mischaracterizations
of the Armalite rifle as the “Modern Sporting Rifle.” The NSSF is misguided. The
foundation of the Second Amendment has never been about anything sporting. It
was never about any mythical right to hunt, it was never about preserving an
ability to punch holes in paper, it was never about glorifying the breaking of
a piece of clay with a shotgun. Nor was it ever about just guns or a class of
guns. It has always been about the God-given right to defend yourself with
weapons, and to protect yourself and your country from tyranny. It is cowardly
and dishonest to try to relabel weapons as anything other than what they are:
weapons, weapons that our Constitution guarantees that the government cannot seize
from the American citizen. Consider
the well-known Dred Scott case. “It would give to persons of the negro race,
who are recognized as citizens in any one state of the Union, the right to
enter every other state, whenever they pleased. . . .and it would give them
full liberty of speech in public and in private upon all subjects upon which
its own citizens might meet; to hold public meetings upon political affairs,
and to keep and carry arms wherever they went.” --Dred
Scott v. Sanford, 60 U.S. 691, 705. “Federal
involvement in firearms possession and transfer was not significant prior to
1934, when the National Firearms Act was adopted. The National Firearms Act as
adopted covered only fully automatic weapons (machine guns and submachine guns)
and rifles and shotguns whose barrel length or overall length fell below
certain limits. Since the Act was adopted under the revenue power, sale of
these firearms was not made subject to a ban or permit system. Instead, each
transfer was made subject to a $200 excise tax, which must be paid prior to
transfer; the identification of the parties to the transfer indirectly
accomplished a registration purpose.
There is
no authority in the United States Constitution for registration or regulation
of weapons by the United States citizen. The opposite is true: our Constitution
guarantees that the government cannot seize weapons from the American citizen.
Depriving American citizens of their rights is not a trivial matter. A basic
stance such as “felons cannot own guns” is hardly the basis for the sprawling
BATFE's egregious involvement. Felons are deprived of their constitutional
rights with great enthusiasm so the notion that they are deprived of gun ownership
is of not particular importance. The Gun Control Act of 1968 has failed. It
does not have foundation in the United States Constitution and should be
repealed. We know
that our government has failed us. We know that the “war on drugs” has been a
costly failure. We sure know how to imprison people, though. We have the most
expensive prison system in the world and imprison more of our citizens per
capita than any other country in the world. Currently there are 2.2 million
Americans behind bars. They cost the U.S. taxpayer $60 billion a year. “Contrary
to the public perception that the incarceration of violent offenders has driven
America's prison growth, the [Justice Policy] Institute found that 77% of the
growth in intake to America's state and federal prisons. between 1978 and 1996
was accounted for by nonviolent offenders. According to data collected by the
United States Justice Department, from 1978 to 1996, the number of violent
offenders entering our nation's prisons doubled (from 43,733 to 98,672 inmates);
the number of nonviolent offenders tripled (from 83,721 to 261,796 inmates) and
the number of drug offenders increased seven-fold (from 14,241 to 114,071
inmates). Justice Department surveys show that 52.7% of state prison inmates,
73.7% of jail inmates, and 87.6% of federal inmates were imprisoned for
offenses which involved neither harm, nor the threat of harm, to a victim.” We have
lost our way, to make a great understatement. While we have become a nation of
perpetual war, often fought in the name of “Liberty and Freedom,” liberty and
freedom is what is continually stolen from the American Citizen.
We really
need to wake up. An “assault rifle” is equally an “anti-assault rifle.” A
regular capacity magazine, sometimes arbitrarily called “high-capacity” merely
has a better capacity for the American Citizen to defend himself. Young women,
young men, women in general, senior citizens, all need the equal protection of
the 2nd Amendment, perhaps more to be able to defend themselves when a larger,
heavier assailant needs only a stick or a piece of rope. Or a fist. The fight
to reclaim God-Given rights is not for the benefit of ourselves. Today, I was
at the Second Amendment Foundation's 2011 Gun Policy Conference. Well-attended
and enthusiastic, yes. However, the room was filled in the greatest measure
with white-haired men, those that have already lived a goodly portion of their
lives. The struggle to regain the protections of the Constitution persist, but
for the preservation of future generations. Future generations that need to be
afforded the great promise of true Liberty and freedom, regardless of race,
age, religion, or gender. The promise of a free America must be kept safe for
those yet unborn. Alan Gura
was there, lead attorney for Dick Heller in the D.C. Case and lead counsel in
McDonald v. Chicago, an United States Supreme Court decision released June 28,
2010 that incorporated the Second Amendment against state and local
governments. Otis McDonald lead plaintiff, as there as well. Self-protection is
a fundamental right, as citizens cannot depend on the government to protect
them from criminals or tyrannical rulers. There can be no liberty or freedom
without it. The flame of Liberty must be kept safe, burning brightly for the
future of a free America: it must exist for the as yet unborn American Citizen
to carry on the dream, along with free political speech and our fundamental
right of self-determination. Ignorance
must be challenged and defeated wherever it is found. Where some want to call
Armalite rifles “Modern Sporting Rifles,” I call them just one of many, many
weapons that can be used as self-defense as guaranteed by the U.S.
Constitution. Ted Nugent has said a few people “can suck on his machine gun.”
Uncle Ted has it more right than most. There are no reasonable restrictions on
God-given rights. There are no “reasonable” restrictions that violate the
concept of personal liberty or that violate what is guaranteed by the United
States Constitution to the citizens of the United States. Ron Paul has the
best record among all the 2012 presidential candidates for his advocacy of the
Second Amendment for individuals. In 2007, Paul introduced the H.R. 1096:
Second Amendment Protection Act of 2007 in Congress. Ron Paul explained what
his bill was about in a January 9, 2003 address to the House.
Specifically,
my legislation repeals the five-day waiting period and the "instant"
background check, which enables the federal government to compile a database of
every gun owner in America. My legislation also repeals the misnamed ban on
"semi-automatic" weapons, which bans entire class of firearms for no
conceivable reason beside the desire of demagogic politicians to appear tough
on crime. Finally,
my bill amends the Gun Control Act of 1968 by deleting the "sporting
purposes" test, which allows the Treasury Secretary to infringe on second
amendment rights by classifying a firearm (handgun, rifle, shotgun) as a
"destructive device" simply because the Secretary believes the gun to
be "non-sporting." Newt Gingrich often expresses the sentiment well, as he did on April 29, 2011. "The right to bear arms is not about hunting. It's not about target practice . . . The right to bear arms is a political right designed to safeguard freedom so that no government can take away from you the rights that God has given you, and it was written by people who had spent their lifetime fighting the greatest empire in the world and they knew that if they had not had the right to bear arms, they would have been enslaved. And they did not want us to be enslaved. That is why they guaranteed us the right to protect ourselves. It is a political right of the deepest importance to the survival of freedom in America." |
Copyright 2011, 2016 by Randy Wakeman. All rights reserved.
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