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Thursday, December 20, 2012

Think it through


            Over the course of the past week I have, like many of you, run the gamut of emotions from sadness, to frustration, to outright anger. Throughout all this I have tried, as I always do, to remain focused on the real problem and how best to deal with it. Sadly, there are many who do not share this approach.

            I have noted that many people, liberals, who are friends or family, have had harsh things to say to or about me, and other gun owners. They speak as though I were the one who murdered 27 innocent people in Newtown, CT last week. They seek to place blame and vent their anger on someone, anyone, so that their need for vindication of their beliefs may be sated. Frankly, I understand their anger – I feel it, too. Anytime innocent people are victimized, as they were in Newtown, it makes me angry. It makes me angry because it does not have to be. There are ways to minimize the carnage in such situations, yet they are all too often overlooked in favor of emotion-based, feel-good legislation. I say minimize, because I know that you can never completely stop madmen from carrying out their crimes, but you can seek to mitigate their effects.

            But I would like to walk through an analysis of the current attack and what I feel is the best, the only, logical approach to dealing with any future such attacks. First, who is to blame? The answer seems obvious to me, but given the slipshod reporting being done and the agenda that our government seeks to advance, one may be excused for being a little reticent to conclusively apply blame. However, given what we have been told thusfar it would appear that a sick, disturbed young man named Adam Lanza is the culprit. He took the guns, inanimate objects, and used them to murder 27 innocent people to include 20 children and 7 disarmed adults. I use the word disarmed for a reason. More on that later.

            There are those on the left, politically, in the media, and among the citizenry, who seem to want to blame anyone but Adam Lanza. They blame the NRA, the GOA, our Founding Fathers, angry white men, Republicans, the Tea Party, conservatives, video games (but not Tarantino movies), even me, but last on the list, if he’s included at all, is Adam Lanza. I would like to add another category to that list, if I may be so bold – Politicians who pass laws disarming law-abiding citizens. Were I to follow the example of my liberal friends I would have to include them as well, as they vote for the liberal politicians who pass these laws, but I am not going to play their game. Yes, disarm! That is what a “gun free zone” does, it disarms the law-abiding in favor of the criminals among us. I find that abhorrent and will do everything in my power to correct that wrong. You see, I have focused my anger toward doing something constructive – standing up for my rights (and yours) as an American.

            What are these rights and how did they come to be? Does the government grant us those rights or do they come from another source? There are those, Christians and other religions, who submit that our rights come from God. Only God can grant those rights and no man can take them away. Others posit the idea that these rights are inherent in our humanity. Simply by being born we have these rights, but again, no man or government, has the right to take them away. If you operate under the illusion that your rights come from a government, that the government has the power to grant you those rights, then you must accept the fact that that same government can take away those rights whenever it desires. Is that really the way you liberals see it? Do you think that your flawed fellow human beings, in the form of politicians/government, have the right to take away your rights and freedoms? Are they even capable of determining what those rights are/should be? I don’t know about you, but I really don’t trust them with my liberty that much. Perhaps you do.

            But wherever you believe these rights come from there must be among them certain rights that are universal, rights that we can all agree on, wouldn’t you think? Would you agree that self-defense is among those rights? Do we or do we not have the right to defend ourselves when attacked? It’s a simple question and shouldn’t require a great deal of thought. What do you say, my liberal friends? OK, if we all agree that we have a right to self-defense, then the question becomes, “Do we have a right to possess the tools necessary to provide for that defense? I mean lets face it, not everyone out there is a Bruce Lee. If you are attacked by a man with a gun, would you be able to jump kick the gun out of his hand, catch it as it comes to earth, and with one swift movement disassemble the gun rendering it useless, before pummeling the bad guy about the head and shoulders with your fists or fury? No? Well, why not? You seem to think that everyone else has that ability. How else to explain your desire to see more of us disarmed?

            Tools, like a hammer, a screwdriver, a baseball bat, can be used for good, like building a house or hitting a homerun. However, those same tools can be used for evil purposes as well. A hammer can be used to bludgeon someone about the head, crushing their skull. A screwdriver can be used as a stiletto to stab someone to death. A baseball bat can be used by a Union member to break the kneecaps of a replacement worker. It all depends on what is in the heart of the person wielding it. The same is true for guns of various types. You can lay a loaded handgun or even an AR-15 on your kitchen table and you can yell at it, curse it, beg it, plead with it, cajole it, offer it money, it matters not. That gun will not fire until you or someone else picks it up, points it at a target, and pulls the trigger. Whether that target is a bottle sitting on a fence rail or another human being is entirely in the heart and mind of the person holding the gun.

            Now then, perhaps you care not at all about our right to self-defense when it comes to one human vs. another. If attacked you expect us all to channel Bruce Lee and render our attacker hors de combat with our mere physical prowess. I wish it were that simple. The fact is not everyone is as physically capable of defending themselves as you are. Perhaps you think that the 5’4” 105 lb. Female being dragged into an alley to be raped can simply beat up the 6’2” 230 lb. man who is dragging her? I doubt it. But, what she can do is exert 5-7 pounds of trigger pull on the legally purchased handgun that she has trained with and stop that thug from raping her. Or perhaps you’re Ok with her being raped, as long as she doesn’t shoot someone. Please, if you have a better alternative I would love to hear it. I may have overlooked something.

            But, Floyd, you say, if you are attacked you should call the police, that’s what they are for. Certainly the police do play a role - Yes they do, that of cleaning up and investigating after the crime has been committed. The police were called to Sandy Hook Elementary School and they arrived, as the news reports pointed out ad naseum, heavily armed. Hmm, heavily armed. Imagine that, even the police see the need to be armed to deal with violent criminals and madmen. But let’s explore your assertion. The police are our protectors; it is their job, their responsibility to protect us when we are attacked, right? Of course all of this assumes that there are enough police officers to be everywhere all the time whenever they are needed. The police arriving at Sandy Hook, with all of their guns, got there AFTER 27 women and children were killed. Explain to me again how calling the police is the answer. You should also know that the police are not required to protect you as an individual. Please see the appendage at the end of this article for court cases regarding this. So, if you feel comfortable calling the police and waiting until they arrive, while you are being attacked, good luck with that. I wish you all the best.

            I feel I have exhausted the self-defense angle with you. Frankly, if you haven’t gotten it by now then it is likely you never will. But there is another aspect of the gun issue that you are either overlooking or perhaps you, again, just don’t care about. 235 years ago we fought a war to win our freedom from a tyrant. His name was King George III. The nation he ruled was Great Britain and our original 13 colonies were part of his British Empire. I won’t go into the entire history lesson of our grievances against the throne at that time, you’ll just have to do some homework for yourself, but I will give a brief look into the reasons for our right to bear arms, as stated in the Second Amendment.

            The colonies, especially those firebrands in Massachusetts, had, for years, been expressing their grievances to the King and Parliament in the hope of being treated with the same rights and respect that all British subjects felt they were entitled to. The King continued his assault on their rights until the colonies would take no more. Realizing that his subjects were fomenting rebellion, King George sent his troops, under the command of Lt. Col. Francis Smith, into the Massachusetts countryside to the village of Concord. Their mission was to confiscate the arms and powder there, so that they could not be used against the Crown. Well, we all know (or should know) what happened next. The Minutemen of Massachusetts were having none of it and the local militia stood firm for their rights. Sound familiar? Of course you realize that this meant that all of the firearms that would subsequently be used to fight against the British Crown, for our freedom as a nation, were seen by the King/government as “illegal firearms.” That’s right, those pesky colonists did not have a right to own firearms in the King’s eyes. How dare they exert such a right in the face of their government and ruler? Yet a great lesson was learned over the course of that war.

            When time came to draft a new Constitution, to implement a government for a new nation, many demanded, before ratification could take place, that a Bill of Rights be included in that document. This lead to the first ten amendments to our Constitution, which were written specifically to protect our individual rights from an overzealous federal government. But hey, don’t believe me, look it up yourself. There are myriad history books available that cover this subject quite well and in great depth. Among those rights was the Second Amendment, which provides us, as individuals, the right to bear arms. The purpose of that amendment was not to allow us to go hunting for deer, it was not to allow us the means of protecting ourselves from car-jackers, although it certainly serves that purpose, it was to allow the citizens of these United States to fight back against any government that would seek to usurp their rights. That’s right – fight back against the government! Again, don’t believe me? Fine, look it up. Read the writings of our Founding Fathers, read the Declaration of Independence, read the Constitution, and try to deny that I am right. Oh, I know you’ll try, but I am confident that my comprehension skills have proven quite effective over the years of study I have done on the subject.

            In wrapping this up I would simply remind you that you have a right to self-defense, even if you, as a liberal, choose to ignore it. That right entails allowing you to have the tools for protection at your disposal. The Second Amendment of the Constitution is your gun permit and states that you, as an individual, have the right to possess a gun of your choosing. We know that the Second Amendment was put in place to allow us to protect ourselves from a tyrannical government. We have learned that the police, whom you think are your protectors, are in fact under no obligation to protect you. An undeniable fact of life is that there are evil people among us who wish to do us harm, the reasons why matter not. The only people at the scene of a crime, while it is happening, are the perpetrator and his/her victim(s), the police have not arrived yet. I prefer that people not be disarmed, helpless victims, but instead are able to protect themselves and others if the need arises. After reading this and spending some time in further contemplation I hope that you will agree.

            In the meantime, remember that you have no monopoly on love and caring for your fellow man. We gun owners share your anger and frustration and feel nothing but compassion for the families who are suffering in Newtown. I do not want to see more murders of helpless victims anymore than you do and I feel the best way to prevent another massacre of such scope is to recognize the need to allow those who wish to be armed to do so. Remember, I am not your enemy, I did not kill those children, I want to stop another such atrocity as much as you do, but lets make sure we do it the right way and not allow emotions to overpower critical thinking. I hope you agree.

*********************************************************************

Police have no legal duty to respond and prevent crime or protect the victim. There have BEEN OVER 10 various supreme and state court cases the individual has never won. Notably, the Supreme Court STATED about the responsibility of police for the security of your family and loved ones is "You, and only you, are responsible for your security and the security of your family and loved ones. That was the essence of a U.S. Supreme Court decision in the early 1980's when they ruled that the police do not have a duty to protect you as an individual, but to protect society as a whole."
"It is well-settled fact of American law that the police have no legal duty to protect any individual citizen from crime, even if the citizen has received death threats and the police have negligently failed to provide protection."
Sources:
7/15/05 SUPREME COURT OF THE UNITED STATES No. 04-278 TOWN OF CASTLE ROCK, COLORADO, PETITIONER v. JESSICA GONZALES, INDIVIDUALLY AND AS NEXT BEST FRIEND OF HER DECEASED MINOR CHILDREN, REBECCA GONZALES, KATHERYN GONZALES, AND LESLIE GONZALES
On June 27, in the case of Castle Rock v. Gonzales, the Supreme Court found that Jessica Gonzales did not have a constitutional right to individual police protection even in the presence of a restraining order. Mrs. Gonzales' husband with a track record of violence, stabbing Mrs. Gonzales to death, Mrs. Gonzales' family could not get the Supreme Court to change their unanimous decision for one's individual protection. YOU ARE ON YOUR OWN FOLKS AND GOVERNMENT BODIES ARE REFUSING TO PASS THE Safety Ordinance.
(1) Richard W. Stevens. 1999. Dial 911 and Die. Hartford, Wisconsin: Mazel Freedom Press.
(2) Barillari v. City of Milwaukee, 533 N.W.2d 759 (Wis. 1995).
(3) Bowers v. DeVito, 686 F.2d 616 (7th Cir. 1982).
(4) DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989).
(5) Ford v. Town of Grafton, 693 N.E.2d 1047 (Mass. App. 1998).
(6) Warren v. District of Columbia, 444 A.2d 1 (D.C. 1981).
"...a government and its agencies are under no general duty to provide public services, such as police protection, to any particular individual citizen..." -Warren v. District of Columbia, 444 A.2d 1 (D.C. App. 1981)
(7) "What makes the City's position particularly difficult to understand is that, in conformity to the dictates of the law, Linda did not carry any weapon for self-defense. Thus by a rather bitter irony she was required to rely for protection on the City of NY which now denies all responsibility to her."
Riss v. New York, 22 N.Y.2d 579,293 N.Y.S.2d 897, 240 N.E.2d 806 (1958).
(8) "Law enforcement agencies and personnel have no duty to protect individuals from the criminal acts of others; instead their duty is to preserve the peace and arrest law breakers for the protection of the general public."
Lynch v. N.C. Dept. of Justice, 376 S.E. 2nd 247 (N.C. App. 1989)
New York Times, Washington DC
Justices Rule Police Do Not Have a Constitutional Duty to Protect Someone By LINDA GREENHOUSE Published: June 28, 2005
The ruling applies even for a woman who had obtained a court-issued protective order against a violent husband making an arrest mandatory for a violation.




           

Saturday, December 15, 2012

This is fair?


            We hear much talk about “fairness” coming from those on the left side of the political spectrum. There should be fairness in wages, there should be fairness in marriage, there should be fairness in employment opportunity, and the list goes on and on. You’ve all seen it and heard it. However, there does seem to one area of our culture where fairness is not so important in the eyes of the liberal: Taxes.

            Apparently it is A-OK, fair beyond dispute, for some people to have to pay more in taxes (A higher percentage) than others. But wait, what if that tax affects those liberals and their friends? Is it still fair? Should “changes” be made to accommodate those who sit on the same side of the political spectrum as the liberals among us? That question may soon be answered, and won’t it be deliciously fascinating to see just how the left reacts when they are affected like the rest of us.

            I want you to imagine, yes, even you liberals and Democrats (I repeat myself) reading this, try to imagine that you have worked all of your life. Maybe for the same company, maybe you’ve bounced around a little in the job market, but you have always managed to stay employed. During that time you have tried your best to spend and save your money wisely, knowing, as we all do, that some day you will no longer work and will hope to have enough money saved to be able to enjoy your retirement. You also know that you are not going to walk this earthly plane forever and so you have made arrangements to leave your estate and savings to your prodigy, or someone else of your choosing. With me so far? Good.

            Throughout those many years of work you have been taxed on your earnings. Taxed by the state and federal government. Taxed by your local government on services and other expenditures. Taxed when you buy things, like groceries. Taxed for using your phone, taxed for having cable TV, taxed, taxed, taxed. Go ahead make a list of all the things that you are taxed on. You’ll need a couple of legal pads, but I’ll wait. Now then, the time has come, that time that all families know is coming, but they all still fear and do not wish to think about – you die. Yes, that’s right, you pass on, kick the bucket, turned to room temperature, you are no longer amongst the living. Now what? As noted earlier, you have worked hard all your life, been taxed on all of your earnings along the way, but you have managed to accumulate some savings and you own some property. What will become of it?

            Being the good parent that you were you have made arrangements. You contacted a lawyer years ago and made out a will. You and your spouse sat down together and determined who would receive the various portions of your estate. You have the house you live in, all paid for and owned outright for a few years now (Oh, yes, and you were taxed on that purchase as well). A couple of cars, also paid for (You were taxed on those as well). Maybe you own some timeshare or a vacation home on the beach (Both of which you have paid taxes on). You made some wise investments over the years and your 401K, or IRA, or other retirement fund has a good chunk of change in it. Are you getting the picture yet? All this you did, not just for yourself and a comfortable retirement, but knowing that you would be leaving something to your children when you passed on. Good, sound, thinking, wouldn’t you say?
            Ah, but now the disbursement is to take place. The fruits of your labors are to be disseminated among the recipients of your hard work and benevolence. But wait! What’s this?! The IRS has contacted the lawyer or the executor of the estate and wants you to pony up the 55% of that estate that you owe them. SAY WHAT?! 55%?! That’s right you paragons of fairness, 55%! All you Democrats, liberals, progressive Republicans, Obama voters, and advocates of “fairness” – 55 PERCENT OF EVERYTHING YOU HAVE SAVED – AND ALREADY BEEN TAXED ON – IS TO GO TO THE GOVERNMENT, BEFORE ANYONE ELSE CAN LAY CLAIM TO IT! But hey, that’s fair, right? RIGHT?!

            I know that there are some Democrats, liberals, Obama voters who read my page, and you know who you are. This is what your vote, your way of thinking, your “fairness,” has gotten us. Don’t try to run and hide now. Don’t you dare pretend that you had no part in this. I want you to explain to us evil advocates of liberty and personal responsibility just how this is fair to anyone. Go ahead, give it a try. I can’t wait to see what kind of knots you have to twist yourself into to explain this one. FAIR?! Over half of everything you have worked for and saved, which has already been taxed, is to go to the government. PLEASE, EXPLAIN IT TO ME! This sort of thing is insidious on so many levels and is anything but fair. And I, for one, will not ignore the role that YOU played in bringing this about. I will not be nice or “tolerant” of such views. Not when those views only further erode the liberty that is my birthright.

            Let me ask you this, do you think liberal icons, your heroes, like John Kerry, Harry Reid, Bill Clinton, or any of the Kennedy Clan will have to pay these taxes? If you do then you are a special kind of fool, aren’t you. The rich liberal, especially those who implement the laws that affect the rest of us, will do as they have always done; they will hide their money. Oh yes, they will find all kinds of loopholes and special investments (Many created by them for them), or off-shore banks, that you and I will not have access to. But that’s OK isn’t it, because they are your guys and it’s just fine when they do it. So, own it, acknowledge it, be proud of who you are and what you advocate. Don’t hide from it or pretend that you played no part in this. And in being proud of your views on this topic please take advantage of the opportunity to educate the ignorant among us, who just don’t understand why this is fair. I’m sure there’s a reasonable, logical explanation you can offer up. Go ahead, I’m waiting.






Wednesday, December 12, 2012

More NDAA Abuses

From the Gun Owners of America:

 Gun Owners of America

 NDAA BILL, CURRENTLY IN CONFERENCE, WOULD STRIP SERVICEMEN OF THEIR CONSTITUTIONAL RIGHTS Over this past year, we have alerted you to the dangers of last year’s National Defense Authorization Act (or NDAA for short).

The NDAA could impact all Americans, including gun owners, by allowing them to be indefinitely detained without trial, based on simple membership in certain pro-gun groups or because of particular firearm-related activities.

But in addition to its problems with indefinite detention without trial, this year’s NDAA also contains, in the House version, a provision that would allow military psychiatrists and commanders to question large numbers of servicemen about the firearms they own.

This could open the door for the psychiatrists to send the names of active servicemen to the NICS system in West Virginia. If this were to happen, tens of thousands of soldiers could permanently lose their Second Amendment rights.

The issue first came before Congress during last year’s defense authorization bill, which prohibited military commanders from asking servicemen about their private firearms.

This provision was a justifiable response to efforts by the military to register and, in some cases, ban firearms privately owned by servicemen, both on- and off-base.

Now, a suicide-prevention group has argued that, by trimming last year’s law to allow military commanders and psychiatrists to inventory the firearms ownership of persons they “reasonably” suspect could present a problem, this will somehow be the “silver bullet” to suicide prevention.

So legislators have tacked such language onto the House-passed version of the DOD bill. The problem is that this “reasonable” standard is a very low threshold.

Here’s what we fear: Under legislation enacted into law in 2008, the military psychiatrist’s opinion, in and of itself, would be enough to send the serviceman’s name to the NICS system and thereby take away his Second Amendment rights. It is possible that, if the information is in a federal database, it could be trolled by the ATF and placed in the NICS system.

Already, more than 150,000 veterans have had their gun rights removed under exactly the same process. Is it fanciful to assume this would happen with active duty servicemen? Already, it is standard army practice to take away a soldier’s service rifle when a commander suspects he may be a problem.

So, if the conference adopts the new anti-gun language without simultaneously adopting an amendment -- offered by Senator Richard Burr (R-NC) -- to require a court order before banning a soldier from owning guns, we are convinced that the bill could create horrible Second Amendment problems.

Obviously, the federal government should not be involved in gun control at all. The Second Amendment has clearly stated that our firearm rights “shall not be infringed.” But Senator Burr has offered his language as a way to protect Americans who served their country honorably. Hence, the Burr amendment would require a court, rather than a “shrink,” to make a determination of suicide danger, before a soldier’s name could be sent to NICS and his Second Amendment rights could be permanently taken away.

The Burr amendment was unanimously passed out of the Senate Veterans Affairs Committee as a free-standing bill, and should not be particularly controversial. So, if commanders and psychiatrists are going to probe into servicemen’s gun ownership, why would we not want to add this protection to the mix? The bottom line: Before a serviceman, who has served this country honorably, loses his Second Amendment rights for the rest of his life, he should, at least, have a modicum of due process. He should have his “day in court,” rather than being “adjudicated” solely by a psychiatrist.

And before groups with a record of failure begin scapegoating guns, it’s important to insure that these psychiatric inquiries don’t become a conveyer belt for taking away servicemen’s Second Amendment rights by routinely placing their names on the NICS list. Veterans and active duty servicemen have served our country honorably and courageously. They deserve from us, at least, an element of due process. They deserve their day in court, rather than being stripped of their constitutional rights in nothing but a “trial by shrink.”

 ACTION: Your Senator is on the NDAA conference committee. Click here to them the pre-written message. Tell them to either: * Delete the House language which would allow commanders or military psychiatrists to question servicemen about gun ownership; or

* Adopt the Burr language which would prohibit them from sending the names of these servicemen to the NICS system and permanently taking away their Second Amendment rights.