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NEW YORK GOVERNOR KATHY HOCHUL DOESN’T CARE WHAT THE U.S. SUPREME COURT SAYS ABOUT THE STATE'S HANDGUN LICENSING STATUTE
POST BRUEN—WHAT IT ALL MEANS BOTH FOR THOSE WHO SUPPORT THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS AND THOSE WHO SEEK TO UNDERMINE AND EVENTUALLY DESTROY EXERCISE OF THE RIGHT
MULTISERIES
NY GOVERNOR KATHY HOCHUL CONTINUES TO CONSTRAIN THE CIVILIAN CITIZEN'S RIGHT OF ARMED SELF-DEFENSE
PART FIVE
Not content simply to say New York won’t comply with Bruen, the New York Governor’s response to Bruen points to open revolt with the U.S. Supreme Court and the U.S. Constitution.On June 23, 2022, the U.S. Supreme Court officially released its decision in the Bruen case. On that same date a Press Release appeared on New York Governor Kathy Hochul’s website. It says much about her position on civilian citizen possession of handguns in public and what she thinks about the Court and its decision in Bruen. It reads as follows:“Good morning, everyone. We just received some very disturbing news from Washington; that the Supreme Court of the United States of America has stripped away the state of New York's right and responsibility to protect its citizens with a decision—which we are still digesting—which is frightful in its scope of how they are setting back this nation and our ability to protect our citizens back to the days of our founding fathers. And the language we're reading is shocking.As Governor of the State of New York, my number one priority is to keep New Yorkers safe, but today the Supreme Court is sending us backwards in our efforts to protect families and prevent gun violence. And it's particularly painful that this came down at this moment. . . . Today, the Supreme Court struck down a New York law that limits who can carry concealed weapons. Does everyone understand what a concealed weapon means? That you have no forewarning that someone can hide a weapon on them and go into our subways, go into our grocery stores like stores up in Buffalo, New York, where I'm from, go into a school in Parkland or Uvalde.This could place millions of New Yorkers in harm's way. And this is at a time when we're still mourning the loss of lives, as I just mentioned. This decision isn't just reckless, it's reprehensible. It's not what New Yorkers want. We should have the right of determination of what we want to do in terms of our gun laws in our state.If the federal government will not have sweeping laws to protect us, then our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on—the insanity of the gun culture that has now possessed everyone all the way up to even to the Supreme Court.The law we're talking about has been in place since the early 1900s. And now to have our ability to determine who is eligible for a concealed carry permit—this is not an ordinary permit. This is a special use that you can hide it from people. We have limitations, if it's for a proper cause, someone who's been threatened, someone who needs it for their job as a security guard. We have classifications where it is allowed and has been allowed for over a hundred years.”In tone and content Hochul’s message is astonishing. It is a polemic directed at both present and future handgun license holders in New York. But, more than that, it is a presumptuous and dangerous assault on the Third Branch of Government, the U.S. Supreme Court, and on the sanctity and inviolability of the citizen’s natural law right of armed self-defense as codified in the Second Amendment of the Nation’s Bill of Rights.In that Press Release, Hochul says she’s “still digesting” the scope of the decision. But is that true? Hardly. New York had prepared its response to Bruen months ago.Consider——On July 2, 2022, seven days after the release of the decision, and a scant two days after she called for an “extraordinary session of the Legislature in Albany . . . to discuss the impacts of the [Bruen]. . . decision overturning New York State law that previously placed ‘proper cause’ restrictions on the issuance of permits for concealed carry firearms in the state,” Hochul signed into law an extensive and elaborate array of amendments to New York’s handgun licensing statute, including amendments to related statutes, that sailed through the State Legislature in Albany. See article on the jdsupra website.The speed of the process—from drafting of amendments, to their introduction in the State Senate and Assembly, then on to assignment to Committee, Committee markups, then passage of the amendments by both the Senate and the Assembly and the forwarding of the amendments to Governor Kathy Hochul for her signature—all in the space of a week is remarkable—too remarkable to be believed. One must infer that Hochul had notice of the decision well in advance of the official release of the case decision—probably at some point after oral argument that took place in November 2022. The amendments were ready to go upon official release of the Bruen decision. Hochul’s signing off on the amendments was, then, a foregone conclusion. The release of the Bruen decision simply served to trigger enactment of the amendments to New York’s handgun licensing Statute.How bad are these amendments? They are worse than one can imagine. Present holders of valid unrestricted and restricted New York concealed handgun carry licenses will find renewing their licenses difficult. And first-time applicants for concealed handgun carry licenses will find the requirements for issuance of them no less confounding and onerous than before Bruen, and much more vexing.How did New York get to this point? Actually, New York had been moving toward this point for quite some time!The progenitor of New York’s modern handgun licensing regime codified in NY CLS Penal § 400.00 et. seq., that took effect on September 1, 1967, is the Sullivan Dangerous Weapons Act of 1911. It was enacted on August 31, 1911. Handgun carry licensing is not of recent vintage, then. The State has required handgun licensing for close to 112 years, and the State’s desire to keep it is deeply entrenched in the psyche of the Government, and in the psyche of many residents of the State.New York’s handgun license statute—the Sullivan Act that Kathy Hochul refers to in her Press Release—is a reminder to the State, to the Nation, and to the U.S. Supreme Court that the Sullivan Act is here to stay in New York, regardless of anything the U.S. Supreme Court has to say about it. The Sullivan Act has gone through several incarnations since its enactment in 1967—but it always remains true to form—a handgun licensing regime, whose roots are deep and wide. Ostensibly created to deal with incessant crime by constraining the public’s access to handguns, the Sullivan Act failed in that objective, but New York kept it anyway, adding to it through the subsequent years and decades.Indeed, the fairly recent New York Safe Act of 2013 is merely an aspect and extension of it, not distinct from it. And several amendments to the Safe Act have proceeded since—a flurry of them only in the past couple of years. The most recent amendments, springing directly from the Bruen decision, take effect, formally, on Monday September 4, 2022. As the New York State Court of Appeals has explained, the Sullivan Act qua Penal Law § 400.00 “is the exclusive statutory mechanism for the licensing of firearms in New York State. O’Connor v. Scarpino,” 83 N.Y.2d 919, 638 N.E.2d 950 (N.Y. Ct. App. 1994). And that means, for the civilian citizen, there is no way to get around it. Handgun licensing is the foundation of New York’s assault on the Second Amendment and that of many other jurisdictions as well.New York’s handgun license statute has gone through several iterations since its enactment in 1967. But the most recent amendments to it, coming on the heels of Bruen, will take effect on September 4, 2022. Section 400.00 plus the Post-Bruen Amendments IS the Sullivan Act brought into the 21st Century.Back then as now, New York, and other jurisdictions, including California and Illinois, rationalized civilian arms control as necessary to promote “public safety.” And Governor Hochul’s Press Release echoes that sentiment that hearkens back to the turn of the 20th Century, even as the crime rate in New York in the 21st Century continues to soar. Continued constraints on civilian access to firearms in defiance of the Second Amendment has become an end in itself although Anti-Second Amendment proponents will rarely, if ever, say that and as many in Government will readily deny it even as they push for further constraints on the exercise of it.“As the California Supreme Court ruled in People v. Camperlingo (69 Cal. 466 [1924]), ‘It is clear that, in the exercise of the police power of the state, that is, for public safety or the public welfare generally, such right [to bear arms] may be either regulated or, in proper cases, entirely destroyed.’ The Illinois Supreme Court ruled in Biffer v. City of Chicago (278 Ill. 562 [1917]) that ‘the sale of deadly weapons may be absolutely prohibited.’” “Firearms Regulation: A Historical Overview,” 28 Crime & Just. 137, by Michael A. Bellesiles, Professor of History, Emory University. The New York Governor, Kathy Hochul, and the State Legislature, and the State and Federal District and U.S. Circuit Court of Appeals are all onboard with this. The average civilian citizen resident of New York has wide chasm to cross to obtain the coveted prize of an unrestricted concealed handgun carry license. And that chasm has just become wider.___________________________________
“PUBLIC SAFETY” IS A RUSE TO GET NEW YORKERS ON BOARD WITH FURTHER RESTRICTIONS TO THE LICENSING STATUTE
PART SIX
The lure of “public safety” explains the Sullivan Act’s longevity. Anti-Second Amendment jurisdictions refer to it often. Yet, to what extent Governor Kathy Hochul and the Legislature can honestly be said to believe that stringent curbs to civilian citizen possession of firearms does truly promote public safety—given the horrific upward spiral of violent crime in New York, predominantly in New York City, is open to conjecture. But the fact many New Yorkers believe that keeping handguns out of the hands of average, law-abiding, and responsible civilian citizens does contain violent crime, is apparently enough for both the Governor and for the State Legislature in Albany to continue to promote further and severe constraints on civilian citizen armed self-defense. If “Public safety”—whether clever, deceptive Government ruse or honest, albeit erroneous, Government belief—serves as the raison d’être for the handgun licensing regime, then application of “proper cause” is the mechanism that serves to constrain the average, rational, responsible, law-abiding civilian citizen from lawfully possessing a handgun in the public sphere. Armed self-defense thus remains a privilege in New York, notwithstanding the language of the Second Amendment that professes to express armed self-defense as a fundamental, unalienable right of the people.New Yorkers can change handgun carry laws in New York. And it is a simple process to do so as long as the public has the will to do so: simply vote Governor Hochul and those Legislators who hold the same views as she does toward handgun licensing in New York, out-of-office. New Yorkers have an opportunity to do so this November 2022.If New Yorkers demur, then they will continue to suffer. Violent crime will continue to rise, and innocent people will continue to die.A leap of faith is required here. It shouldn’t be difficult, given the irrationality of restrictive gun measures that simply target the law-abiding citizen, and not the criminal. But strong beliefs, even irrational ones die hard.
NEW YORK GOVERNOR KATHY HOCHUL DOESN’T GIVE A DAMN WHAT THE U.S. SUPREME COURT SAYS ABOUT NEW YORK’S HANDGUN CARRY LAW, SHE PRESUMES TO KNOW BETTER THAN THE COURT.
It is one thing for a Government to rely on an erroneous belief as justification for infringing a fundamental, unalienable, immutable, eternal natural law right of the American people. It is quite another thing to brashly defy the U.S. Constitution and the U.S. Supreme Court, substituting one’s own judgment, and normative beliefs, and personal political and social philosophy, for that of the precepts and stricture of the U.S. Constitution.The U.S. Constitution, as promulgated by men much wiser than Governor Hochul and Anti-Second Amendment Legislators in Albany has, through the test of time, proved its value. This Country, in the space of almost 250 years, has outstripped any other modern Nation, becoming by far the wealthiest, most powerful, most prosperous, any Nation on Earth. The U.S. Constitution, grounded on the precepts of Individualism has enabled this. It is no accident.The prescription for the Nation’s success is simple: Government exists to serve the interests of the American people, and they, not Government, are sovereign over Government and over their own destiny.Indeed, the tacit theme of all three seminal Second Amendment cases—Heller, McDonald, and Bruen—is that Government must pay homage to the natural law rights of man.But Governor Hochul and the New York State Legislature will have none of that just that. The forces they represent and pay homage to have other plans for Americans. There is no limit to their disdain for the Constitution, their rudeness toward the U.S. Supreme Court, and their contempt for the American people.Through tortuous, guileful legislative legerdemain, the New York Government has enacted an elaborate set of amendments to the State’s handgun licensing Statute, Section 400.00, and to the concealed handgun carry Section of the Statute, especially, NY CLS Penal § 400.00(2)(f). These amendments serve merely as a pretense of compliance with Bruen, and a poor one at that.But they don’t fool anyone, especially the Court. On inspection, the State’s “Post-Bruen” Amendments to Section 400.00 are excessively harsh, brutal really. To understand how that is, it helps to understand what the New York handgun licensing Statute looked like prior to Bruen. We delve into that and compare and contrast the original Section 400.00 handgun licensing Statute with the amendments to it in the next article.
NEW YORK’S HANDGUN LICENSE STATUTE PRIOR TO BRUEN IS BAD; AFTER BRUEN IT IS WORSE
In the most recent iteration, prior to Bruen, applicants for any New York handgun license—whether restricted or not—had to comply with Section 400.00(a), which denies possession of a handgun to anyone who is under disability as defined in Federal Statute, 18 U.S.C § 922. New York has adopted that Statute for its own use. Up till now, to obtain a concealed handgun carry license, applicants in the general population had to demonstrate “proper cause,” set forth in, but never defined in, Penal Code Section 400.00(a).The State Legislature has left it up to the licensing authorities of the Counties to specify “proper cause,” and what that is has remained quite nebulous. The whole point of this is to make it difficult for the average person to acquire a carry license. So, few have tried, and most that have tried have failed secured such licenses. Under the New York Constitution’s Home Rule provision, though, New York City is permitted to adopt its own “proper cause” requirements for applicants of concealed handgun carry licenses, and it has done so. These are set forth in 38 RCNY 5-03. They are stringent, but, at least, not inherently nebulous.Individuals who presently hold valid concealed handgun carry licenses in the City, which NYPD License Division has exclusive authority to issue, have, through time, adapted to the NYPD License Division’s “proper cause” requirements. These requirements are aimed at providing a mechanism for the City’s entrepreneurial class to obtain licenses.It suggests an explicit attempt at accommodation of business practices—operating as both cause and effect. The NYPD License Division establishes the requirements for business entrepreneurs to qualify for a concealed handgun carry license, and those entrepreneurs do their best to comply with those requirements. Compliance with those requirements have thus enabled a small number of people, New York City’s entrepreneurial class that happens to handle substantial amounts of cash in the usual course of their business, to obtain a coveted handgun carry license. The NYPD License Division establishes the criteria under which applicants for handgun carry licenses can satisfy requirements, and those business applicants oblige the NYPD. So, it has been for decades. That now goes out the door.Under the requirements for a concealed handgun carry license in New York City and in the rest of the State—that take effect in September—the City’s Rules will not be valid. Be that as it may, at present, the NYPD License Division has yet to revise its Rules for issuance of concealed handgun licenses. But the Division will have to. The City’s Home Rule Charter gives the NYPD License Division substantial leeway to establish its “proper cause” criteria, but the City’s criteria have to be consistent with the intent of the Statute. The present rules are not consistent with the amendments to Section 400.00 that take effect in September.Those entrepreneurs who have business establishments in the City and who have adapted their business procedures to cohere to the NYPD License Divisions procedure will find their pro forma renewal process no longer open to them. They are in jeopardy of losing acquisition of concealed handgun carry licenses that heretofore they could rely on as long as their business operations and practices remained consistent through time. Upon renewal of their present license, they must comply with the new requirements or forsake their concealed handgun carry license. We investigate those in the next article, Part Seven of this series._____________________________________Copyright © 2022 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
SCHOOL SHOOTINGS SERVE AS PRETEXT FOR GUN BANS TARGETING THE AMERICAN CITIZENRY.
SINCE THE SANTA FE, TEXAS SCHOOL SHOOTER DID NOT USE A SEMIAUTOMATIC WEAPON TO KILL OR INJURE HIS VICTIMS, WILL ANTIGUN GROUPS NOW SEEK TO BAN ALL FIREARMS?
Antigun groups must be throwing a temper tantrum. When the Santa Fe High School shooter committed his horrific act of murder and mayhem in May 2018, he had the temerity to use the wrong weapons. Antigun groups fully expected the shooter to destroy innocent lives utilizing a semiautomatic long gun— a firearm often referred to by the politically charged but specious expression, ‘assault weapon’—thereby keeping with the antigun zealots’ running narrative. But the shooter killed or seriously injured innocent students, teachers, and a police officer, with a shotgun and with a revolver, not an "assault weapon." Moreover, the weapons utilized by the shooter did not belong to the shooter and the shooter did not procure them from a gun dealer, through the internet, or through a third party at a gun show. No! The weapons belonged to the shooter’s father who had failed to properly secure his weapons from his severely mentally disturbed son. The failure of parental responsibility, here, is, in the first instance, where blame for the tragedy rests and where blame should properly be placed.
WHAT WEAPONS, SPECIFICALLY, DID THE SHOOTER USE IN COMMITTING HIS HORRIFIC ACT?
Specifically, the shooter utilized his father’s Remington model 870 pump action, manually operated shotgun, along with his father’s .38 caliber revolver to maim, injure, and kill innocent people. The police have not, apparently, identified, or otherwise officially released the specific make and model number of the .38 caliber handgun utilized by the gunman as of the posting of this article. No matter. It is clear enough that the weapons the gunman utilized were not the typical firearms of choice for committing murder and mayhem—semiautomatic long guns—as antigun proponents and their echo chamber, the mainstream media, constantly and erroneously, maintain. But, that fact didn’t stop some individuals from surmising, without bothering to first verify, the nature of the weapons used.Apparently, in an attempt to get ahead of the curve, John Cornyn (Senator-Texas) said, as reported by the Houston Public Media Service, that, “. . . the 17-year-old student accused in a fatal shooting at a Texas high school used a semi-automatic pistol and a sawed-off shotgun to kill 10 people. The Republican from Texas says investigators are still determining whether the shotgun’s shortened barrel is legal.” Well, contrary to Senator Cornyn's conjecture, which he asserted as fact, the American public quickly learned that the shooter did not use a semiautomatic handgun, after all, and that the shooter likely did not use a so-called “sawed off shotgun” either. The killer used a common revolver handgun as mentioned above. And, as for Cornyn’s ludicrous, off the cuff remark about the shooter having used a “sawed off shotgun,” if that were the case, how long would it take “investigators” to determine whether the “shortened barrel is legal?” It is, of course, possible, but highly, and presumptively, unlikely, that the Remington Model 870 pump action manually operated shotgun the shooter’s father owned had a barrel length less than the limit prescribed by the National Firearms Act (NFA) of 1934. A cursory check of the Remington website does provide the prospective buyer of the popular Model 870 pump action shotgun with in depth data about the shotgun along with substantial graphics. The Model 870 shotgun is available in a myriad of configurations and in several barrel lengths, from 14 inches to 30 inches, to meet a user's specific needs, whether employing the weapon for sporting uses or for self-defense.
DID THE SANTA FE TEXAS HIGH SCHOOL SHOOTER USE A SHOTGUN WITH A BARREL LENGTH LESS THAN 18 INCHES—A SO-CALLED “SAWED OFF SHOTGUN”—AS U.S. SENATOR, JOHN CORNYN, MAINTAINS?
If, in fact, the shooter’s father’s Remington Model 870 had a barrel length of less than 18 inches, then ATF approval for a shotgun with a barrel length of 18 inches, or less, would be necessary. As pointed out by the ATF, in the atf.gov website, “A shotgun subject to the NFA [National Firearms Act] has a barrel or barrels of less than 18 inches in length. The ATF procedure for measuring barrel length is to measure from the closed bolt (or breech-face) to the furthermost end of the barrel or permanently attached muzzle device.”The website, gundata.org discusses, assiduously, the matter of barrel length of both rifles and shotguns.“Simply put, on the whole, a rifle barrel should be no less than 16" and a shotgun barrel should be no less than 18". While the overall gun length for either a rifle or a shotgun has to be 26" according to the ATF, paying extra for an exception can make a difference. Even though black powder guns don't have this limitation, guns that fire ‘smokeless powder’ do have to adhere to ATF and federal guidelines.That's why shotguns like the modern Mossberg 500 and 600 series riot shotguns will measure out to these specifications. While sawing off a double barreled shotgun or cutting a M1A1 to lengths as short as 12" is possible to make them a lot more cancelable, especially under a dustcoat, the government says that a short shotgun or short rifle isn't legal unless you apply for a specific license.It is possible to apply for a license for a short rifle or short shotgun with the ATF (Bureau of Alcohol, Tobacco and Firearms). The fee is either $200 or $5 depending on circumstances and the way the gun is manufactured, but owning a gun shorter than the ‘standard’ legal limits is possible. For a gun manufacturer, adhering to the legal limits is mandatory and if you find a shortened gun at a gun show or even at a private sale, be aware of your rights and the applicable laws.”
A QUANDARY FOR ANTIGUN PROPONENTS
Unlike sophisticated semiautomatic weaponry, manually operated pump action shotguns and manually operated revolver handguns have been around for a long time, approximately 130 years. The pertinent question is this: how have antigun proponents and the mainstream media spun the narrative in the call for further gun restrictions since the Santa Fe, Texas school shooter, here, didn’t use what antigun proponents, along with the mainstream media, often refer— contemptuously, pejoratively, slyly, and clearly erroneously—to as an “assault weapon?” It should be abundantly clear to anyone with half a brain, that, for your average, garden variety killer, who desires to create carnage, any weapon at hand will do. Unless a killer happens to be a psychopathic “professional” assassin or a psychotic member of a drug cartel, either of whom would likely have the contacts, wherewithal, and grim determination to acquire access to specialized, unlawful weapons, the kind of weapons that fall in a domain well beyond those weapons commonly available to the law-abiding American public—an American public that generally acquires firearms through a licensed firearms dealer—a killer will use whatever weapon he is able to get his hands on. That was certainly the case with the Santa Fe Texas shooter. But, given the circumstances of that recent school shooting incident in Santa Fe, Texas, antigun proponents are in a quandary as to whether to stay with their present running narrative—that non-semiautomatic weapons only are okay for law-abiding, rational, average American citizens to possess because semiautomatic weapons and full auto or selective fire weapons are weapons of war that have no place in a modern civilized society—or to sharply alter the current narrative, admitting to the American public, at long last, what it is they are truly after: a ban on civilian ownership and possession of all firearms—to turn the entire Nation into a “Gun-free Zone.”Clearly, antigun proponents’ calls for increasingly tight restrictions on civilian access to so-called assault weapons—meaning, of late, virtually all, not merely some, semiautomatic weapons—suggests a marked reluctance on their part to show their hand too soon, by calling for a total, or, otherwise, comprehensive ban on civilian ownership and possession of firearms of all types. Antigun proponents and zealots have traditionally preferred an incremental approach to gun bans and gun confiscations—one category of firearms at a time, and ever widening the domain of Americans who are precluded lawfully from owning and possessing any firearm—in order to slowly acclimate the public toward acceptance of a gun-free Country.In fact, antigun proponents—a few of them, ostensibly gun owners, posturing as supporters of the natural, fundamental, and unalienable right of the people to keep and bear arms—disingenuously claim by mere assertion, and rarely if ever by hard argument—that some firearms are specifically designed for self-defense, and so, are deemed the good weapons; and that other weapons—various kinds of semiautomatic firearms, the so-called “assault weapons”—are designed for war; and that this latter category of firearms therefore fall, presumptively, into the bad kind of weaponry that, as antigun proponents vehemently exclaim, civilians should not have access to.Antigun proponents evidently like to recruit and trot out seemingly avid “antigun gun owners” who, in accordance with the central theme and narrative, argue for reinstating a national ban on “assault weapons,” a catchall expression that is increasingly becoming synonymous with all semiautomatic firearms, not merely some semiautomatic weapons. Antigun proponents falsely assert that no one is trying to take all firearms away from the civilian population of the Country, just some of them—the bad sort, the ones they have corralled under the brand of “assault weapons” or “weapons of war.” They assert that banning such weapons of war is okay because, after all, law-abiding, rational Americans can still keep true self-defense weapons, like .38 revolvers and shotguns handy at the ready, at home.But is that assertion true, especially when it is clear that so-called weapons for self-defense, or for sport, or for plinking at targets, like revolver handguns and shotguns, are capable of offensive use, as well, and with devastating effect, when in the hands of irresponsible individuals; or in the hands of gangbangers; or in the hands of the common criminal; or in the hands of severely disturbed individuals, such as the shooter who murdered, maimed, and injured several innocent individuals in a Santa Fe, Texas high school? Do not these self-described antigun gun proponents, after all, deviously, deceptively, insidiously, mislead the American public by proffering a seeming reasonable compromise solution to curtailing gun violence and at once "permitting" lawful gun ownership? Are American gun owners expected, honestly, to suspend their skepticism? How many times in the past have American gun owners heard antigun proponents and antigun legislators preface their antigun diatribes with the assertion that they do, of course, support the Second Amendment, when clearly we know that they do not? So, whom are these antigun proponents and antigun legislators really fooling?LET US TAKE A LOOK AT WHAT A COUPLE OF SEEMING “PRO GUN” ANTIGUN GUN PROPONENTS HAVE TO SAY ABOUT CIVILIAN GUN OWERNSHIP AND POSSESSION AND CONSIDER THE EFFICACY OF THEIR REMARKS, CONCERNING REVOLVERS AND SHOTGUNS IN LIGHT OF THE SANTA FE, TEXAS HIGH SCHOOL INCIDENT.Consider the assertions of one antigun zealot, Ashley Addison, who claims, incongruously, to support the right of the people to keep and bear arms. Addison refers to herself as a definitive gun owner. In the weblog, scarymommy.com (an obvious antigun forum, merely masquerading as a weblog supportive of the Second Amendment), this self-proclaimed gun owner claims that she owns only the right and proper sort of weapons—that is to say, weapons for self-defense. Addison says:“I’m a gun owner. I have two pistols, a rifle, a shotgun . . . and a (now-expired) concealed carry permit. I’ve been shooting since I was a kid. I also support every single gun control measure out there. . . . But an AK-47 (and other assault weapons) is not an ideal weapon for personal defense, and it serves no purpose for “home protection.” It was designed for military use. A a [sic] 12-gauge shotgun is a better, more realistic choice for home defense. I’ve never seen any peer-reviewed study/expert/article anywhere that can refute this. Bottom line: Assault-style weapons should never be in the hands of civilians.” Would Addison be so quick to assert that she does, in fact, “support every single gun measure,” as she bluntly says in her blog post if that means having to relinquish her shotgun, since, as anyone with any knowledge of the operations of firearms knows that a “self-defense” weapon can be used offensively and that a self-defense weapons, namely a revolver handgun, and a shotgun were in fact utilized by the Santa Fe, Texas shooter to murder, quite effectively, several innocent young people, and in short order? Would Addison continue to suggest that a 12-gauge shotgun is somehow a good weapon—a safe and humane kind of weapon—one particularly suitable for civilians to wield, but that a semiautomatic “assault-style weapon” is not, when considered in light of this recent mass shooting in Santa Fe, Texas. Is the distinction that Addison draws a sound one? One website, internet armory.com has this to say about the shotgun:“The shotgun is, by far, the deadliest and most formidable, effective firearm ever created for short range personal defense. No other firearm will devastate, disable, or discourage an aggressor as reliably as a shotgun. No other firearm is as likely to obtain decisive hits on an assailant as a shotgun loaded with buckshot.”When used at shortrange—for example, a school room—Addison’s remark about shotguns (for civilian use) versus assault-style weapons (for military or other non-civilian use is not only patently ridiculous but truly bizarre. One must ask: Does Ashley Addison know what she is talking about? And, by the way, Ashley, shotguns have been and continue to be used by the military and by the police.The point is that any firearm in the wrong hands is deadly. A psychopath or lunatic can create monstrous horror, wielding any firearm. Moreover, while some firearms or firearm configurations are useful or ideal for a particular purpose, any weapon in the wrong hands can dispatch many innocent people, quickly and effectively, as factual accounts of recent shooting incidents bears out.In another “scarymommy.com” blog post, a second female, also a self-described “gun owner,” and purported supporter of the Second Amendment, Marissa Bowman, writes: “The fact of the matter is that guns in America are not going to disappear — at the very least not anytime soon. [Is Bowman suggesting they should disappear? If so, she is hardly the supporter of the Second Amendment that she claims to be]. Our Second Amendment rights guarantee that, and more importantly, our social structure is keeping it in place. Until we can guarantee safety for all children — not just our own — parents like me feel it necessary to utilize the right to have added protection for our family. “That does not mean, however, that anyone should be able to own whatever type of gun that they want and without restrictions. As a part-time solo mom whose partner is frequently away for his job, I absolutely feel it’s necessary to own a gun which I keep in my home. My family’s safety is simply not up for political debate. The Smith & Wesson M&P Bodyguard (.38 Special) that I carry makes me feel as though I can protect and defend my children in a moment’s notice, which in turn makes me feel empowered as a mother.”In light of the Santa Fe, Texas school shooting, the incongruity of the claims of Addison and Bowman are abundantly clear. The notion that some firearms are acceptable for Americans to own and possess and that some are not is demonstrably weak. The fact of the matter is that, in any confined public area where people are cowering, or even in an open area where people are densely packed and running hither and yon into each other, in panic, a would-be killer can use any firearm, or, for that matter, even a knife, to injure or kill a substantial number of people, quickly, effectively, and unceremoniously. It is therefore dubious for a person to claim that law-abiding, rational Americans have a right to acquire some firearms, but not others--with antigun groups and antigun legislators, along with the mainstream media, being the ultimate arbiters as to what firearms some members of the American citizenry, and, increasingly, an ever dwindling number of the American citizenry--to own and possess. We know where this leads. Given a plethora of ad hoc, inconsistent, and unsound arguments propounded, almost daily, concerning what firearms the law-abiding citizen may own and possess, along with a call for increasing restrictions on one's use of his or her personal property, and further restrictions on American civilians who are deemed worthy of owning and possessing a firearm what must inevitably come to pass is the virtual extinction of ownership and possession of any firearm in this Country.
HOW HAVE ANTIGUN WRITERS FOR MAINSTREAM PUBLICATIONS RESPONDED TO THE SANTA FE SHOOTING INCIDENT, WHERE THE KILLER DID NOT USE A SEMIAUTOMATIC FIREARM, BUT A BASIC DOUBLE-ACTION REVOLVER HANDGUN AND A MANUALLY OPERATED PUMP ACTION SHOTGUN?
Had the shooter utilized a semiautomatic long gun qua “assault weapon,” the antigun groups would merely claim, as they have been doing for some time, that no one needs such a weapon for self-defense, and that Congress should therefore enact another “assault weapons” ban. Of course, antigun groups seek, ultimately to forbid civilian ownership and possession of any firearm, but they would seek to do so incrementally, and in a linear fashion. As the NFA (National Firearms Act of 1934) operates, essentially, as a practical matter, as a general ban on civilian ownership and possession of fully automatic and selective fire weapons, as well as operating essentially, and as a practical matter, as a ban on civilian ownership and possession of so-called, “sawed off shotguns,” the desire of antigun groups is, as is evident, to see enacted an NFA style set of federal laws applied to semiautomatic weapons, that is to say, “assault weapons”—meaning, an NFA style set of federal laws applied to every conceivable semiautomatic firearm. Once that goal has been accomplished—if it were accomplished—then the American public should make no mistake, as antigun groups would not stop there. They would then go after civilian ownership and possession of remaining firearms: including revolver handguns, shotguns, lever action rifles, black powder muzzleloaders, and any other type of fully functional firearm that the average, law-abiding, rational American citizen, and civilian, may happen to own and possess.
HOW IS THE MAINSTREAM MEDIA DEALING WITH THE SANTA FE TEXAS SHOOTING IN LIGHT OF THE FACT THAT THE SHOOTER DID NOT USE A SEMIAUTOMATIC WEAPON TO WREAK HAVOC IN A PUBLIC HIGH SCHOOL?
With this latest mass shooting in Santa Fe, Texas, will antigun zealots now call for stringent curbs on civilian ownership and possession of all manner of weaponry? Consider how this is beginning to play out.A contact reporter for the Chicago Tribune, in an article, caustically titled, “No matter what type of gun is used in school shootings, innocent people end up dead,” Dahleen Glanton, writes,“This time, the school shooter did not use an AR-15 semi-automatic rifle to slaughter his classmates. That must be quite a relief to gun lovers.This killer’s weapons of choice were a shotgun and a .38-caliber handgun — two of the most common firearms available. What more proof do we need, gun lovers will ask, that the problem isn’t with guns but rather with people? . . .With so many mass shootings in schools and other public places, there is no question that gun lovers have been feeling as though they are under attack. They have tried their best to fend off arguments by the rest of the country that every gun is not protected under the Second Amendment. With so many people dying, we desperately need them to wake up and join us in the struggle to keep our children safe. Only then will politicians feel secure enough to take action.We cannot let them off the hook. Guns in general, and semi-automatic rifles in particular, remain the greatest threat to safety in America.Pagourtzis might not have been armed with a high-powered weapon when he allegedly entered that classroom Friday, but gun laws are so lax in Texas that he certainly could easily have gotten his hands on one. In fact, he could have walked down the street with an AR-15 strapped to his shoulder and likely no one would have thought it was odd.If anything, the shooting exemplifies what anti-gun advocates in cities like Chicago have been saying too. It is far too easy for a legal gun to turn into an illegal gun.”We make a couple observations here. Firstly, the reporter for this mainstream Press newspaper is acting in typical lockstep with previous mainstream reports of mass shootings, maintaining a consistent antigun narrative. But, she acknowledges, as she must, that the Santa Fe, Texas high school shooter did not use a semiautomatic long gun. But she then moves to propounding bald counterfactuals, apparently to maintain the consistent antigun movement narrative, blasting the presence of semiautomatic long guns in the civilian population, asserting that the shooter could have gotten his hands on an “AR-15,” given, what the reporter refers to as lax gun laws in Texas—a point the reporter doesn’t bother to clarify and expound upon; nor does this reporter explain how the shooter could have gotten his hands on a semiautomatic rifle, but didn’t. Actually the shooter quite effectively murdered and injured innocent young people at Santa Fe High School with a pump action shotgun and a revolver handgun. He need not have bothered to get his hands on an AR-15 if he had thought about the matter at all. Secondly, the shooter gained access to his father’s firearms because his father failed to properly secure them. Note: This is the same, virtually identical and disturbing scenario, by the way, that played out, tragically, in Newtown, Connecticut, at Sandy Hook Elementary School, in 2012.A mother, Nancy Lanza, failed properly to secure her firearms from her psychotic son, Adam Lanza. Now, no one would seriously suggest that Connecticut has had lax gun laws, either prior to the Sandy Hook Elementary School tragedy, or at any time since the tragedy. In both the Newtown, Connecticut mass shooting incident and in the recent Santa Fe, Texas mass shooting incident, the primary cause for the tragedy can and should be laid at the feet of irresponsible adults and heads of families who knew or should have known of, and certainly better than anyone else, the dangers posed by failing to properly secure firearms from children or from disturbed family members who happen to be residing in the household, and by failing to properly secure any other object that could be feasibly used as a deadly weapon by children or by severely mentally disturbed family members. What we see instead is that neither the irresponsible adult family member, nor the psychotic son is cast as the principal culprit and villain. Rather, the firearm that an obviously psychotic young man acquired and used to murder, maim, and injure innocent individuals—be it a semiautomatic rifle in one instance, or a shotgun and revolver handgun in the other—is cast as the primary cause for the ensuing tragedies and cast, too, as the basic and principal villain and "fall guy." The antigun proponent's narrative can take one of two forms.Consider: one of two narratives must play out when we see antigun proponents and commentators placing blame squarely on an object, rather than on the sentient entity who wields it, that is to say, when we see antigun proponents and commentators placing blame on an object rather than upon the agent who wields the object. Antigun proponents and antigun commentators tend either to fall back on the same, ever recurring narrative, namely that the primary cause for gun violence rests upon the so-called assault weapon, even if a semiautomatic weapon was never in use by a killer or antigun proponents and antigun commentators must construct a new narrative. If antigun commentators wish to stay with the typical narrative, namely that semiautomatic weapons must be banned even if semiautomatic weapons were never used in the shooting incident, as was the case in the recent Santa Fe, Texas incident, then an argument calling for a general ban on civilian ownership and possession of semiautomatic weapons and mass confiscation of semiautomatic weapons is nonsensical in the extreme, as a narrative that does not fit the factual situation must invariably devolve into a recitation of senseless, hypothetical "what if" scenarios as we see in the Chicago Tribune article, and as we also see in the New Yorker article, infra. The narrative becomes decidedly discordant if predictable; for the proverbial deadly object qua "assault weapon" doesn't factor into the fact pattern. It cannot. If, on the other hand, antigun proponents and commentators wish to construct a new narrative, admitting to the public what antigun proponents most assuredly discuss among themselves, namely, that firearms of all types must eventually be banned, not just so-called, “assault weapons”--aka “weapons of war, then the antigun proponent and commentator isn't compelled to resort to spurious and specious hypotheticals, which has not place in a news account anyway; and the narrative is internally consistent. But the true intent of the antigun movement would be laid bare for all to see. The true aims of the antigun movement would be clear and irrefutable. In that case, the "cat" would definitely be "out of the bag," as the antigun proponent or antigun commentator would be clearly and categorically articulating the antigun movement's ultimate goal: the disarming of the American citizenry en masse. Neither narrative would sit well with American gun owners; nor should it. For, any attempt to arbitrarily ban civilian possession of firearms--whether a gun ban and gun confiscation scheme embraces one type of firearm or all types--would, in either case, be true folly and wholly unacceptable to the American gun owning public because gun bans and gun confiscation schemes are altogether incompatible with the import and purport of the fundamental right of the people to keep and bear arms as codified in the Second Amendment to the U.S. Constitution. Semiautomatic weapons, revolvers, and shotguns are all in common use by millions of average, honest, law-abiding, and rational American citizens. These weapons all fall within the core protection of the Second Amendment and cannot lawfully be taken away from Americans. The late, eminent U.S. Supreme Court Justice, Antonin Scalia, writing for the majority in the seminal Second Amendment Heller case made abundantly clear that, presumed State public safety concerns do not and cannot legally override fundamental, primordial Constitutional rights. The U.S. Constitution is the supreme law of the Land; and basic, natural rights and liberties, as a critical component of the U.S. Constitution, are not and never shall be subordinate to State or Federal Statute, much less to public opinion polls or to orchestrated public demonstrations.As the right of the people to keep and bear arms is not and never has been a right bestowed on Government to the people but exists forever within the American people, that right cannot be legitimately, legally tampered with. To obliterate the natural and fundamental right codified in the Second Amendment to the U.S. Constitution, by arrogantly attempting to turn a sacred right into a mere privilege, easily dispensed with, is an anathema to our history, traditions, values, ethical sensibilities, and legal, social, economic, and moral foundational understanding. Such an effort would, as well, illustrate the antigun movement's naked, and absolute, unbridled disdain for seminal Second Amendment, U.S. Supreme Court rulings.Another writer for a mainstream news publication, John Cassidy, a columnist for the New Yorker, in an article titled, “Everything About the Texas School Shooting Seems Horribly Familiar,” makes similar comments to those of Dahleen Glanton, writing for the Chicago Tribune. Cassidy, too, maintains the usual antigun proponent's narrative, attempting to shoehorn counterfactuals into a factual account of the mass shooting. So, despite the weapons that the Santa Fe, Texas gunman used during his murderous escapade, a shotgun, and .38 caliber revolver, which did not include semiautomatic weapons, Cassidy eschews keeping to the facts, contrary to what a reporter should be doing--recounting facts, not contemplating, "what ifs." Cassidy argues that the shooter could have used a semiautomatic weapon to seriously injure or kill innocent young people, even if the shooter, as we know, didn’t. The account comes across as weak, even silly. John Cassidy exclaims:“About the only atypical aspect of the shooting was that Pagourtzis reportedly used a Remington Model 870 shotgun and a .38-calibre revolver, rather than a semi-automatic rifle, to kill his ten victims and wound ten others. This was probably because his father didn’t own an AR-15 or any other weapon of war. (Pagourtzis told police he used his father’s guns. It wasn’t immediately clear whether his father knew that they were in his possession.) Enthusiasts of semi-automatic weapons will presumably use this detail to fortify their case against banning such weapons—the argument being that there are firearms of all kinds (more than three hundred million in private hands across the U.S., according to some estimates) and banning one particular type of gun won’t prevent a dedicated shooter from carrying out a massacre.In the world of Second Amendment devotees, this qualifies as a legitimate case to make. So does the argument, which Donald Trump and the N.R.A. have made, that the real issue with school shootings isn’t the fact that disturbed adolescents have such ready access to deadly weapons but that schools don’t have enough armed teachers to stop gun-wielding intruders, or enough ready escape routes for students and staff to take as they flee the gunfire. ‘We have to look at the design of our schools moving forward and retrofitting schools that are already built,’ Dan Patrick, the Republican lieutenant governor of Texas, said on Friday. ‘And what I mean by that is there are too many entrances and too many exits to our over eight thousand campuses in Texas . . . Had there been one single entrance, possibly, for every student, maybe he’—Pagourtzis—'would have been stopped.’ Rather than descending further into the world of deliberate denial, it is perhaps worth stating a few facts: this was the second school massacre in three months, and the second gun massacre in six months in Texas.”“Descending further into the world of deliberate denial?” How does fortifying schools against shooters translate into denial. Clearly, John Cassidy is, himself, in denial. It isn’t the millions of law-abiding, rational Americans who happen to own firearms and who strongly support our Bill of Rights—all Ten of them—who are in denial. In fact, in those States that have implemented truly effective school safety plans against shooters, utilizing armed teachers and other armed personnel, there has been not one incident of a school shooting. But, antigun proponents, like John Cassidy choose, apparently, to ignore that fact, assuming he bothered to investigate the matter at all. He presents, as self-evident, true the false and absurd notion that the answer to school safety rests, simply and solely on banning civilian ownership and possession of firearms en masse.Cassidy’s argument boils down essentially to this: killers murdered young people with guns; so, once Congress bans firearms from the American citizenry, commencing with a ban on semiautomatic rifles, the problem of mass murders in schools will be resolved. Cassidy is wrong. The problem of mass murders in schools or in other public venues won’t end, not by a long shot! Because violence exists in the minds of people, not in objects. That simple truth seems forever to elude antigun proponents who are obsessed with eliminating “The Gun” from society, irrespective of the root causes of violence.John Cassidy, as with Dahleen Ganlon, seems fixated on the notion that the Santa Fe shooter would, of course, have taken up an AR-15 semiautomatic rifle if the shooter’s father happened to have one. Antigun proponents, like John Cassidy, love to slither here and there—perhaps unaware that they are doing so—from reporting on events taking place in the world to reflecting on possible circumstances that might have, or could have, or conceivably would have, occurred, but didn’t; and they conclude their polemics with express or tacit normative remarks about the way the world ought to be. Since, the antigun movement is hell-bent on removing from civilian possession all semiautomatic weapons, first and foremost, commencing with a broad ban on all semiautomatic weapons that this or that antigun proponent wishes to call an "assault weapon," the movement's proponents and the commentators and reporters of the mainstream media who echo the movement's tactics and strategies, do not wish to muddy the waters by talking about the weapons that a particular killer happened to use, rather than the ones that the antigun proponents' would have wished for the gunman to have used in order to keep with the "game plan." Time would come, when, after semiautomatic weapons have been confiscated, remaining categories of firearms can be confiscated and banned as well.As with all or most antigun zealots, John Cassidy knows little if anything concrete about firearms, and likely cares not one whit to educate himself. As for so-called weapons of war, a little history lesson is in order here. Revolver handguns as well as shotguns have seen use in war. Both weapons are used by many police departments and they have use in sport and for self-defense, as are semiautomatic weapons. And, as the Arbalest Quarrel has pointed out in the previously posted article, any weapon can be used for good or ill, dependent on the wielder of the weapon. The Santa Fe School shooting, the Parkland, Florida school shooting, and the Newtown, Connecticut school shooting were easily preventable. Failures by governmental authorities and/or by parents of shooters led to tragedy. Those who own and possess firearms have the responsibility to properly use and care for them and to properly secure them. The vast majority of gun owners are responsible gun owners. There is no sane reason to target their firearms for confiscation.In any event, the answer to curbing gun violence does not devolve to imposing debilitating, draconian gun restrictions on millions of responsible gun owners. That would destroy our free Republic and likely led to outright civil war, as the American citizenry would see first hand, an unlawful attempt by Government to wrest control of the Nation from the citizenry.There is a more direct and effective response to school safety. It is a twofold approach; and it is an approach that does not create havoc with our Constitution and with the natural rights of Americans. First, at the State, County and local Government levels, a clear and honest assessment of school safety must be made. Once that assessment is completed, a plan must be devised and then implemented with proper testing. The New Yorker columnist, John Cassidy, may see this as a trivial matter. We do not. Second, firearms must be removed from the hands of those who act irresponsibly, and there must be a concerted effort to remove firearms from the criminal elements in our society. Laws already on the books need to be enforced. The Nation does not need more firearms’ laws. Unfortunately, the antigun movement in this Country seeks to disarm the vast responsible American citizenry. School shootings serve merely as a pretext for broad-base gun bans and eventual mass gun confiscation. It is the vast responsible, law-abiding American armed citizenry that the antigun movement is truly targeting, for it is the vast law-abiding armed citizenry that those who seek to disarm Americans truly fear, as it is the vast, law-abiding armed citizenry that, as the Founders of our Republic intended, they cannot, ought not, and must not control. For, it is only in an armed citizenry that true Government encroachment on the rights and liberties of the American citizenry is effectively, categorically, constrained and contained. It is not the criminal element, then, and it is not the occasional lunatic that goes off on a shooting spree that the antigun movement and their silent, secretive, ruthless Globalist benefactors truly fear.It is the average, law-abiding American citizen and gun owner that these anti-American elements fear and therefore seek to control. The banshee shriek and wail calling for a ban, eventually, on civilian ownership and possession of guns generally and a ban on civilian ownership and possession of semiautomatic firearms—pejoratively and idiotically referred to by antigun proponents as “assault weapons” and as “weapons of war”—particularly, at this juncture, and the claim made that only through mass gun control and eventual mass gun confiscation will this Nation, its people, and its children be safe from violence are, on close inspection specious, even ludicrous, pronouncements even if, superficially, these boisterous, obstreperous pronouncements happen to sound palatable and convincing, as, of course, they are meant to. This propaganda—for propaganda it is—is directed to the weak-willed and the uniformed among us—individuals who are looking for a panacea to violence in society, as violence is claimed to be endemic in society, and they are told it need not be, if only the public accedes to giving up their firearms.Through it all, the American public is being fed a false narrative. It is a narrative carefully crafted and then directed to the American public through mass media organizations, controlled by transnationalist billionaires who seek to alter, forever, the framework of the Nation, a free Republic that the Founders of our Nation, the framers of our Constitution and of our sacred Bill of Rights, bequeathed to us. The transnationalist billionaires seek to destroy our Nation for their own benefit, for their own selfish ends. The goal, of these extraordinarily powerful, insanely wealthy, highly secretive, and absolutely ruthless individuals, is not suppression of gun violence, despite the claims of antigun groups, their willing tools. To the contrary; it is repression of the American citizenry. That, unfortunately, is the sad, but irrefutable truth. The American public should not be deluded to think it not so._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
I AM A GUN AND THIS IS WHAT I HAVE TO SAY
I am a Gun. I am not a person. I, myself, am incapable of harming anyone. Only a person is capable of harming another person. I cannot, myself, harm a person. And I cannot force a person to use me for an evil purpose. In the hands of a rational, competent, law-abiding person, I serve a greater good. In the hands of an irrational, incompetent, lawless individual, I serve a dark end. But, I, myself, must be held blameless because I am not a person.Many ill-informed individuals are quick to cast aspersions on me. They will say or suggest that I am evil incarnate. I am not. I do not have the power of choice. I do not have “free will.” Only a human being has the power of choice; only a human being has free will. I do not. Only a human being can choose to do good or ill, in accordance with that person’s “will.” I cannot. Still, there are those who believe, falsely, that I am evil, and strenuously make that claim. That truly puzzles me; for, only a person who misuses me can be deemed evil.Those who denigrate and demean me fail to realize the enormous positive benefit that I have brought and continue to bring to this Nation. The United States could not exist but for me. The founders of this free Republic used my great great grandfather, the flintlock, to forge a mighty Nation. During the Second World War, my cousins—including, among others, the M1 Garand Rifle, the Thompson submachine gun, and the Browning Automatic Rifle—in the competent hands of our Nation’s troops, helped to defeat two of our most powerful and intractable foes: Nazi Germany and the Empire of Japan. I have also assisted and continue to assist our police officers in helping protect our communities from lawless elements.AND, I AM, TO THE COUNTLESS AVERAGE, LAW-ABIDING, RATIONAL, RESPONSIBLE AMERICAN CITIZENS--AS THE FRAMERS OF THE UNITED STATES CONSTITUTION INTENDED--THE MOST EFFECTIVE MEANS AVAILABLE THROUGH WHICH THESE CITIZENS ARE ABLE TO PRESERVE AND DEFEND THEIR LIFE, SAFETY, AND WELL-BEING AND THE LIFE, SAFETY, AND WELL-BEING OF THEIR FAMILIES—FROM THOSE RUTHLESS, TERRIBLE, EVIL ELEMENTS IN SOCIETY WHO SEEK TO DO HARM.Going back far earlier in time, my ancestors, the matchlock and wheel lock firearms, gave to the common man the ability to grapple effectively with powerful nobility, who wore formidable suits of armor, wielding massive lances and swords, sitting atop powerful steeds.There is much to commend me. Unfortunately, history’s revisionists dismiss me out-of-hand, selectively focusing only on those who have misused me. In recent months, young men who gained access to me, and who should never have gained access to me, have committed monstrous acts. Those monstrous acts have been wrongly ascribed principally to me, rather than to the individuals who have misused me. I am well aware of the horrific acts that deranged young people have done. Their monstrous acts should not have occurred and would not have occurred but for crucial missteps by irresponsible people who failed to properly secure me.In 2012, a severely mentally unstable young man, Adam Lanza, gained access to his mother’s firearms. Had I been able, I would have warned Nancy Lanza, Adam’s mother, to properly secure me so that her mentally disturbed son could not gain access to me. She failed to do so. Her irresponsible act in failing to properly secure me led directly to her death at her son’s hands. This sad, deranged young man, Adam Lanza, then carried me to a public school, Sandy Hook Elementary School, located in Newtown, Connecticut. In his hands, Adam Lanza used me to kill innocent children and teachers. But for Nancy Lanza’s irresponsible actions, this horrific incident would never have happened and could never have happened. Major media organizations wrongly blamed me for the tragedy.A similar horrific event occurred, in February of 2018. Another deranged young man, Nikolas Cruz, wrongfully gained access to me, and used me to murder or seriously injure many innocent students and teachers—this time at another public school, Marjory Stoneman Douglas High School, located in Parkland, Florida. Once again media people, reporting on this event, at the urging of those individuals who profess a pathological hatred toward me, blame me for the senseless tragedy, claiming that it is I, rather than this young man, Nikolas Cruz, who is the principal cause of the tragedy.Legislators, members of the mass media, and members of groups who call for my eradication, fail to realize that it is not I that cause violence. To cause violence I must have the desire to do violence, and once having the desire to do violence, I must then act on that desire. But, I am incapable of desire, and I am incapable of action. People, alone, are capable of desire and people alone are capable of acting on their desires. People are causal agents of harm. I am not a causal agent, but merely an object, a tool. Yet, I am blamed for the evil actions of those who misuse me. On careful reflection, though, it is clear that it is the killer, Nikolas Cruz, 19 years old, and it is those agents of Government who knew or should have known of the danger Nikolas Cruz posed to the community, who are the principal causes for harm done to others.There were multiple warnings and warning signs of the danger Nikolas Cruz posed to the community, but Governmental authorities failed to heed those warnings and those signs. Had I been able to, I would have spoken up, alerting the School Board, alerting the FBI, and alerting the County Sheriff’s Office, of the imminent danger posed by Nikolas Cruz. The tragedy that occurred was easily preventable. Yet, local, County, State, and Federal authorities are not held to account. I, however, am held to account. I, the Gun, am deemed responsible for the myriad failings of people.Irresponsible, lawless acts, uncorrected, tend to repeat themselves—an endless loop of tragedy occurring ever again. So it is that yet another severely disturbed young man, Dimitrios Pagourtzis, went on a shooting rampage at a high school, in Santa Fe, Texas. That tragedy unfolded recently. How did this happen? Quite simply, the young man’s father failed to properly secure me. The father breached a duty of care owed to the community to prevent his son from gaining access to me. That failure led to horrific tragedy.The pattern is disturbingly familiar, replaying itself over and over again, and each time, the tragedy was preventable, and would have been prevented but for the failure of adults residing in the community, and but for the failure of Governmental authorities to act to thwart the tragedy. And, once again, the blame for the tragedy is laid at my feet. I, who cannot do any act, good or ill, but for an agent who wields me, is ever the scapegoat.Of course, the vast majority of gun owners are responsible. They treat me with respect. They handle me competently; and they properly secure me, preventing those who must not gain access to me, from doing so. Yet, there are individuals in Government, in industry, and even foreigners who bear a personal grudge against me and who hold me in contempt. And there are groups, comprising individuals whose sole purpose for existence is to eradicate me. These individuals think that by dispossessing millions of average, law-abiding, rational, responsible American citizens of me, the Gun, that violence will stop. It will not stop.A person need merely consider that, in many Western nations where Government has essentially banned me, violence continues unabated. Sociopathic and criminal elements in society still obtain possession of me and use me to seriously injure or kill innocent people. And, even if horrible, evil people do not have immediate access to me, that does not prevent them from causing horrific violence just the same. Those people who desire to harm others will always find a way and means to do so. And, they have done so, repeatedly, constantly, using knives, and bombs, and even cars and trucks to murder and maim innocent people.Still, the drumbeat continues for my banishment from so-called “civilized” society. Those individuals who detest me argue that violence can be stemmed simply by outlawing me. But, arbitrarily denying the average responsible citizen from owning and possessing me will do nothing to prevent lawless and deranged individuals from doing harm, whether by wielding me, or by wielding or utilizing another object. And, when all is said and done, I am just that—an object, a tool, nothing more. Those who seek to blame me, profane me, debase me, denigrate me, castigate me, would do well to recall a quotation from the classic 1953 Western film, “Shane,” where the protagonist offered this sage advice concerning me, as he addressed the wife of a rancher:“A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it.”Those who desire to ban me outright would do well to remember that banning me will do nothing to prevent the occurrence of and recurrence of evil acts. Evil cannot be legislated away, even as some people seem to believe that it can be legislated away or would like to believe that evil can be legislated away through the simplistic, implausible, unconscionable, and constitutionally impermissible, unlawful expedient of denying to the average, rational, responsible, law-abiding American citizen the fundamental right to own and possess me. At the end of the day, evil remains, and monstrous acts of violence will, unfortunately, continue to occur because evil exists in the heart of those people who seek to do evil, and there are, lamentably, all too many of those in the world. Evil does not and never did exist in me, “The Gun.”_________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE POLITICAL BOYCOTT: AN ASSAULT ON THE NRA AND ON NRA MEMBERS’ FIRST AND SECOND AMENDMENT RIGHTS
Antigun activists seek to dispossess the civilian population of this Country of their firearms. That is the reason for their existence. That is the reason for their being. They will deny this of course. They will tell you they don’t want to take all your firearms away, just some of them. They will also tell you they don’t want to prevent every American citizen from owning and possessing firearms, just some of them. But, when pressed, they will admit they abhor firearms and they will tell you that, in a civilized society, no one needs firearms anymore, anyway. They will also tell you that law-abiding, rational citizens today may become lawless, rabidly insane tomorrow. That is highly improbable, ridiculously so, even if only logically possible in a philosophical sense. But mere possibility is enough, for antigun proponents and activists, to support the elimination of civilian firearms’ ownership and firearms’ possession.Those who espouse the elimination of firearms would like to see civilian ownership and possession of firearms relegated to the dustbin of history. They hope that guns, as with buggy whips and corsets, will become merely a distant memory. But, there is one hitch to the antigun activists’ goal and that hitch is the presence of the right codified in the Second Amendment to the U.S. Constitution, as categorically affirmed by the high Court in the landmark Heller and McDonald cases.The Bill of Rights and U.S. Supreme Court rulings prevent antigun legislators from instituting wholesale confiscation of guns in the vein of the Australian scheme. So, antigun proponents in this Nation employ an incremental approach. Instead of banning firearms en mass, they attempt to ban categories of guns.The National Firearms Act of 1934 made possession of machine guns and “sawed-off” shotguns illegal. In fits and starts, many semiautomatic weapons, called “assault weapons” by antigun proponents, have become illegal for the average American citizen to own in several States. Antigun legislators also expanded and wish to continue to expand the domain of individuals who cannot lawfully own any firearm.With the murder of students and teachers at the Marjory Stoneman Douglas High School, in Parkland, Florida by a deranged gunman, antigun activists immediately began to harness public outrage at the senseless deaths. Antigun activists directed public anger toward the activists’ perennial favorite targets: guns, gun owners, gun manufacturers and dealers; and toward their arch-enemy, the NRA.Antigun groups might have reasonably directed public anger at Hollywood for producing movies filled with gratuitous, horrific violence and carnage. They didn’t. And, they could have directed the public’s wrath toward manufacturers of violent video games. They didn’t. Nor did antigun groups look at the cultural milieu in which we live as the true root cause of violence in our Nation: broken homes; illicit drugs; criminal gangs running amok; moral relativism; multiculturalism; historical revisionism; bizarre social constructs; gender dysphoria, a mental disorder, masquerading as mere “life choice;” and the rise of atheistic and socialistic tendencies in this Country, belief systems that are incompatible with natural law and incompatible with the idea of a Divine creator in whom an effective normative ethical system derives.No! It is far easier, although absurd in the contemplation, to direct public anger at an inanimate object, the firearm, and toward the NRA, and toward any person or business entity that espouses support for the right of the American citizen to keep and bear arms.One tactic antigun activists employ recently to achieve their ends is the “political boycott.” The way it works, is this: antigun groups attack companies that have partnership arrangements with NRA. Some companies, for example, offer discounts to NRA members. Antigun activists have coerced companies into ending programs offering discounts to NRA members under threat of economic ruin and public shame and condemnation. The purpose of these political boycotts is expressive and coercive, not economic. Antigun activists seek social and political change here, not economic benefit.The use of the political boycott invariably has a First Amendment free speech component, but even those who support the use of political boycotts recognize its danger. “Boycotts are indeed powerful. They do, in fact, have the ability to exact real-world, human costs from those businesses and individuals targeted. The concern over boycotts exists because they have consequences that might have the potential to extend outward from their target to impact a boycotted business's employees or community.” Democratizing The Economic Sphere: A Case For The Political Boycott, 115 W. Va. L. Rev. 531, 534 (Winter 2012), by Teresa J. Lee.Scrutiny of both motives and effects of using political boycotts to achieve political and social ends is warranted, lest our rights and liberties be destroyed.Use of the political boycott by antigun activists against the NRA is legally and morally suspect and, from a historical perspective, incongruous. The reason is that the NRA, as a Civil Rights organization—the original Civil Rights organization—has, as its first stated purpose and objective the strengthening and sanctifying of our sacred heritage:“To protect and defend the Constitution of the United States, especially with reference to the inalienable right of the individual American citizen guaranteed by such Constitution to acquire, possess, collect, exhibit, transport, carry, transfer ownership of, and enjoy the right to use arms, in order that the people may always be in a position to exercise their legitimate individual rights of self-preservation and defense of family, person, and property, as well as to serve effectively in the appropriate militia for the common defense of the Republic and the individual liberty of its citizens.”NRA is the only Civil Rights Group that has, as its salient raison d’être, the defense of a sacred right and liberty as codified in the U.S. Constitution. And the NRA is attacked for this! There is something both odd and deeply disturbing in antigun activists’ reliance on the exercise of one sacred right, free speech, to attack an organization whose stated objective is simply to defend a second sacred right: the right of the people to keep and bear arms. See the Arbalest Quarrel article, "NRA Freedom, Join It!"Keep in mind, too, that the political boycott is not merely utilized by antigun activists to harm the NRA; it is an attack on the NRA members, American citizens. Basically, NRA members have their own First Amendment right of free speech, as expressed in their support of the Second Amendment. The political boycott is used by antigun activists, and is meant to be used by antigun activists, to squelch free speech. This is an impermissible coercive use of the political boycott.“To be protected under the first amendment, the boycott advocates' appeal to their listeners must be persuasive rather than coercive. The distinction is crucial. Persuasive speech has always been accorded the highest first amendment protection on the theory that the free flow of ideas is central to our democratic system of government: ‘the best test of truth is the power of the thought to get itself accepted in the competition of the market.’ By contrast, speech that deprives its listeners of freedom of choice, i.e., coercive speech, distorts the marketplace of ideas by causing listeners to accept an idea not for its ‘truth’ but to avoid some sanction. Coercive speech also undermines the political process, since a democratic society depends upon the autonomy of those who publicly espouse a point of view and of those who listen.” Secondary Boycotts and the First Amendment, 51 U. Chi. L. Rev. 811, 825 (Summer 1984), by Barbara J. Anderson.There is, though, no autonomy between those who publicly espouse the elimination of civilian gun ownership, ergo de facto repeal of the Second Amendment to the U.S. Constitution, comprising antigun activists, antigun legislators, antigun billionaire Globalists, and members of the mainstream media who shriek at and attempt to cajole into submission, the American public and businesses, the listeners, who may happen to harbor contrary views.These antigun influences, some domestic and some foreign, intend to speak to and for the American public and for the business community. For companies that do not willingly accede to the antigun agenda, the political boycott operates as a club to coerce compliance with that agenda. The political boycott is not used here as a mechanism meant merely to persuade.The political boycott is as well, a club wielded against NRA members. Antigun proponents ostracize Americans who are NRA members. But, NRA membership is a legitimate First Amendment expression of one’s Second Amendment right. By attacking a citizen’s membership in NRA, antigun forces seek to control speech, crushing dissent. In a free Republic this cannot be countenanced. NRA members should challenge these boycotts.
ALERT: CONTACT YOUR REPUBLICAN REPRESENTATIVES IN CONGRESS NOW!
Tell Congress to enact laws to prevent antigun groups from coercing and threatening retaliatory action against companies that do not adopt the groups’ political views.PHONE: U.S. Senate: (202) 224-3121;PHONE: U.S. House of Representatives: (202) 225-3121______________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.
THE PARKLAND, FLORIDA HIGH SCHOOL TRAGEDY MAKES THE CASE FOR ARMED SELF-DEFENSE.
In the wake of the Marjory Stoneman Douglas High School tragedy, the mainstream Press, echoing the sentiments of antigun activists and antigun legislators, focused the public’s attention on two subjects: guns and mental illness. Antigun activists argue that guns and mental illness are both intractable. Mix the two like a cocktail and you have a recipe for disaster. That, as maintained by antigun activists, accurately explains the cause of the mass shooting incident at the Parkland, Florida High School. But does it?In an editorial, appearing in The New York Times on February 24, 2018, titled, “I Can’t Stop Mass Shooters,” by Amy Barnhorst, Associate Clinical Professor of Psychiatry at the University of California, Davis, admitted the conundrum. The author writes, “Each mass shooting reignites a debate about what causes this type of violence and how it can be prevented. Those who oppose further restrictions on gun ownership often set their sights on the mental health care system. Shouldn’t psychiatrists be able to identify as dangerous someone like Nikolas Cruz. . . ? And can’t we just stop unstable young men like him from buying firearms? It’s much harder than it sounds.”The author has no answer other than the perfunctory, putting “some distance between these young men and their guns.” But, would that prevent mass violence? Clearly, it would not even if this seems plausible to some. Signs of mental illness in a person do not automatically mean a person has violent tendencies. Conversely, those individuals who not fall within one or more listed categories in the latest version of the “Diagnostic and Statistical Manual of Mental Disorders” (“DSM-5”)—the Psychiatrist’s Bible—may have violent tendencies.
FROM AN EMPIRICAL STANDPOINT, DISPOSSESSING CIVILIANS OF THEIR GUNS WILL DO NOTHING TO CIRCUMVENT VIOLENT CRIME.
“The reality is that mass shootings are very rare and that neither mental illness nor mass shootings are a significant cause of gun violence. Individuals with a serious mental illness only account for approximately 4 percent of all violent crime in the United States, the majority of which is not committed with a firearm. Furthermore, individuals having no history of mental illness committed a number of these mass shootings. With mental illness representing such a small fraction of gun violence, gun-control efforts focused solely on the mentally ill are ‘unlikely to significantly reduce overall rates of gun violence in the United States.’” “The New York Safe Act: A Thoughtful Approach To Gun Control, Or A Politically Expedient Response To The Public's Fear Of The Mentally Ill?”, 88 S. Cal. L. Rev. 16, 43-44 (2015), by Matthew Gamsin, J.D. Candidate, 2015, University of Southern California Gould School of Law.Despite this evidence, antigun activists nonetheless vehemently call for general bans on the sale of semiautomatic “assault weapons” and are specifically targeting those individuals deemed to have mental illness, which may very well raise due process and equal protection issues for millions of Americans. Were these steps taken, violence would still ensue. Consider:“On April 15, 2013, two homemade bombs detonated 12 seconds and 210 yards (190 m) apart at 2:49 p.m., near the finish line of the annual Boston Marathon, killing three people and injuring several hundred others, including 16 who lost limbs. On April 18, the Federal Bureau of Investigation (FBI) released images of two suspects, who were later identified as Kyrgyz-American brothers Dzhokhar Tsarnaev and Tamerlan Tsarnaev.” “The Oklahoma City bombing was a domestic terrorist truck bombing on the Alfred P. Murrah Federal Building in downtown Oklahoma City, Oklahoma, United States on April 19, 1995. Perpetrated by Timothy McVeigh and Terry Nichols, the bombing killed 168 people, injured more than 680 others, and destroyed one-third of the building.” “Eight people were killed and almost a dozen injured when a 29-year-old man in a rented pickup truck drove down a busy bicycle path near the World Trade Center Tuesday in Manhattan, New York City. The suspect was identified by two law enforcement sources familiar with the investigation as Sayfullo Habibullaevic Saipov. He's from Uzbekistan in Central Asia but had been living in the US since 2010, sources said.” Whether these killers were mentally ill in a clinical sense or “normal,” they did not need a firearm to create havoc.Of course, antigun activists and their cheerleaders in the mainstream Press and in Congress argue that civilized Countries place restrictions on civilian access to guns and that doing so would constrain a killer’s access to one lethal instrumentality. Still, antigun activists must contend with the legal ramifications of attempting to curtail civilian access to firearms in a Country where the citizenry's rights and liberties, codified in a Bill of Rights, cannot be so easily dismissed.
INDISCRIMINATELY DISPOSSESSING THE CIVILIAN POPULATION OF THEIR GUNS WOULD NOT HOLD UP TO LEGAL SCRUTINY.
THE U.S. SUPREME COURT, IN THE LANDMARK SECOND AMENDMENT HELLER CASE, HELD THAT THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS, CODIFIED IN THE SECOND AMENDMENT, IS AN INDIVIDUAL RIGHT, NOT CONNECTED TO SERVICE IN A MILITIA. FURTHER, THE SECOND AMENDMENT RIGHT EMBODIES ARMED SELF-DEFENSE. AND FROM A PRAGMATIC PERSPECTIVE, CIVILIAN DEFENSE OF ARMS IS PRESSING BECAUSE, CONTRARY TO POPULAR BELIEF, THE POLICE ARE NOT LEGALLY REQUIRED TO SAFEGUARD THE LIVES OF INDIVIDUALS. THAT RESPONSIBILITY RESTS ON EACH PERSON.
Antigun activists retort that nothing in the Second Amendment guarantees the right of an American citizen to own and possess an “assault weapon.” But, is that true?First, the concept of ‘assault weapon’ is a legal fiction that encompasses a wide range of weaponry. On examination it becomes clear that antigun proponents and activists are not merely targeting some semiautomatic weapons; they are targeting all semiautomatic weapons. The legal issue is whether semiautomatic weapons in common use—which include firearms defined as 'assault weapons'—fall within the core of Second Amendment protection. The U.S. Supreme Court has not weighed in on this. But, that does not mean Government, State or Federal, may presume semiautomatic weapons, especially those firearms referred to as “assault weapons,” do not fall within the core of the Second Amendment.Second, a corollary to the basic, unfettered, natural right codified in the Second Amendment is that American citizens have a right to possess a firearm for self-defense. Antigun activists argue that armed self-defense is unnecessary because it is the duty of the police to safeguard the lives and well-being of the citizenry. But do police departments, as government entities, really have that duty? They do not!“No inquiry is more central to constitutional jurisprudence than the effort to delineate the duties of government. The courts' approach to this complex subject has been dominated by reliance on a simple distinction between affirmative and negative responsibilities. Government is held solely to what courts characterize as a negative obligation: to refrain from acts that deprive citizens of protected rights. Obligations that courts conceive to be affirmative—duties to act, to provide, or to protect—are not enforceable constitutional rights. “The Negative Constitution, A Critique,” 88 Mich. L. Rev. 2271 (August 1990) by Susan Bandes, Professor of Law, DePaul University College of law.The safeguarding of one's life is then a personal responsibility, not a police responsibility. Broward County residents, especially those high school students of Marjory Stoneman Douglas, should have learned that lesson well. Many, obviously, have not as they--at the behest of their silent benefactors and choreographers of their political strategies, the antigun groups--act against their own best interests. They lash out at NRA, the very organization that serves them by protecting their sacred right of armed self-defense; and they call for civilian disarmament leaving them worse off. The duty of the Police is merely to safeguard, in some nebulous sense, the well-being of a community as a whole, not the lives of the individuals who live in it. But, then, since Government has no affirmative duty to provide armed protection for each citizen, Government cannot, in good faith, deny the citizen the natural right of armed defense owed to one's self. If the public is to take away anything from the recent Parkland, Florida tragedy, it is this:The Broward County Sheriff’s Department and the first responders from the Coral Springs Police Department did an abysmal job. By the time the Coral Springs Police SWAT team arrived, it was too late. Lives had been lost. An investigation unfolds, but it means nothing; for, whatever the outcome, police departments do not have and never did have an affirmative duty to protect individuals within a community. They are immune from suit. This is not supposition. It is law.“Thus . . . a claim that police officers failed to protect a particular individual from injury by nongovernmental actors is generally not cognizable; a successful claim would require sufficient prior contacts between police and the individual to indicate a specific undertaking or promise by the police to provide protection and detrimental reliance by the individual. Absent such facts, there is generally no liability for failure to enforce laws and regulations intended to benefit the community as a whole, failure to provide police or fire protection, or failure to inspect." Affirmative Duties, Systemic Harms, and the Due Process Clause, 94 Mich. L. Rev. 982, 999-1000 (February, 1996), by Barbara E. Armacost, Professor of Law, University of Virginia.The first and last line of adequate defense both inside the home and outside it is, as it always was, as the framers of our Constitution knew full well and as they provided for: armed self-defense.
ALERT: CONTACT YOUR REPUBLICAN CONGRESSIONAL REPRESENTATIVES NOW.
Call your U.S. Senators and U.S. Representatives. Tell them this: “if you want my support, then vote for national handgun carry reciprocity now.”PHONE U.S. SENATE: (202) 224-3121;PHONE U.S. HOUSE OF REPRESENTATIVES: (202) 225-3121______________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.