NToddcast RSS Feed

Tuesday, June 12, 2018

George Mason Would've Gotten An 'F' Rating From The NRA

From the Fifth Virginia Convention's journal:

Wednesday, June 12, 1776.

THE Declaration of Rights having been fairly transcribed, was read a third time, and passed, as follows, nem. con.:

A DECLARATION of RIGHTS made by the Representatives of the good people of VIRGINIA, assembled in full and free Convention; which rights do pertain to them and their posterity, as the basis and foundation of Government.

But George Mason, Co-author of the Second Amendment, appears to have really fucked up:

12. That the freedom of the Press is one of the greatest bulwarks of liberty, and can never be restrained but by despotick Governments.

13. That a well-regulated Militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free State; that Standing Armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.

Weird that the Militia was meant to defend the State, not the People from the State, and wasn't identified as one of the greatest bulwarks of liberty.

ntodd 

Contribute to keep this blog fading for another 15 years! *   

June 12, 2018 in Constitution, Schmonstitution, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Friday, April 20, 2018

Bowling For NRA Spokespeople

Small wonder the CDC is banned from studying gun deaths:

"In less than 18 years, we have already seen more deaths related to school shootings than in the whole 20th century. One alarming trend is that the overwhelming majority of 21st-century shooters were adolescents, suggesting that it is now easier for them to access guns, and that they more frequently suffer from mental health issues or limited conflict resolution skills," says Katsiyannis.

The authors explain that such violence can be mitigated through deliberate and sensible policy and legislative actions. These include expanded background checks of potential gun owners, and a ban on assault weapons. Mental health issues among adolescent students and adults should also be addressed more thoroughly. School personnel should also implement tiered models of support and school-based mental health services to support students' social, emotional, and behavioral well-being and prevent school violence.

"Preventative efforts not only require policy and legislative action but increased and targeted funding across federal, state, local and private sectors," adds Katsiyannis.

Just school shootings.  Also, too, shocking that most perps were white males who acted alone.  Where were they radicalized?

ntodd

April 20, 2018 in RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Monday, March 26, 2018

The Right To Take Your Damned Arms

Yeah, Godwin's Law was repealed, so here's the nuttery: “Nazis and leftists have been using children for decades in their attempts to take guns away from law-abiding citizens.”

I already noted on March 14 that the Continental Congress was totes fine with disarming the vast anti-rebellion population, despite their being law-abiding British citizens.  But hey, let's add a few more resolves and whatnot.

Take this one from the standing committee at Brookhaven, New York, on September 1, 1775:

Resolved, That if any person or persons shall hereafter oppose or deny the authority of the Continental or of this Congress, or the Committee of Safety, or the Committees of the respective Counties, Cities, Towns, Manors, Precincts, or Districts, in this Colony, or dissuade any person or persons from obeying the recommendations of the Continental or this Congress, or the Committee of Safety, or the Committees aforesaid, and be thereof convicted, before the Committee of the County, or any thirteen or more of their number, who shall or may meet upon a general call of the Chairman of such Committee, where such person or persons may reside, that such Committee shall cause such offenders to be disarmed; and for the second offence they shall be committed to close confinement, at their respective expense.

A report to John Adams on October 16, 1775:

In the first Place, the Committee of Safety, during the Recess of the Congress, pass’d a Resolve to impress all the Arms of those who had not sign’d the Association by the 16th of Septr., the Time of passing the Resolve, which was done too, only in Consequence of a Letter, or Letters, from your Body, as it is generally imagined. This was first attempted to be carried into Execution on Long Island, in Queen’s County, by sending out one or two of their own Board, with 4 or 5 Citizens, who at the same Time were restrain’d from exercising any manner of Coercion whatever by private Instruction, unless endanger’d by Violence &c. According they went out on the 23rd Ultimo and were treated in the most contemptuous Manner, even to Insult and Threat; declaring they knew no Congress, neither would they sign any Association, nor pay any Part of the Expense accruing by an Opposition to the King’s Troops &c. On the Contrary, that they were determin’d to support the “King’s Laws” and defend themselves against all other Authority &c. Some of this happen’d within 5 or 6 Miles of the City, and some further. They got a few worthless Arms, from some of the most Timid, who, it was tho’t, had concealed their best.

And following the lead of Congress, you've got the likes of Pennsylvania on April 6, 1776:

Resolved, That the Freeholders and Freemen of every Township, Borough, Ward and District, within this Province, qualified to vote for members of Assembly, shall respectively meet together, at some convenient Place, within their several Townships, Boroughs, Wards and Districts, on the Twenty-fifth Day of this Month, and then and there chuse by Ballot three Persons for Collectors of Arms...

Resolved, That the said persons so chosen, or a Majority of them, shall disarm all disaffected Persons before described, and shall appraise, or cause the Arms taken from them to be appraised as aforesaid, and shall pay to the owners the Value of such Arms as are fit for Use, or that can be conveniently made so, depositing all the Arms in the Manner before-mentioned...

I hate Continental Fucking Nazis.

ntodd

March 26, 2018 in Constitution, Schmonstitution, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Sunday, March 25, 2018

Limitless

RMJ's comment below brought to mind more quotations and stuff, particularly this:

Is my right to live without the threat of violence (the pursuit of happiness is kind of hard without it, and that's what Jefferson said gummint was for, primarily; oh, that one comes after "life", doesn't it? Hard to pursue anything in death....) really in conflict with someone's ability to own an "assault weapon" (yes, it can be legally defined; it has been before)...

That "right" to own a firearm ain't the untrammeled, unalloyed, and pure "right" they seem to think it is...

Indeed, it necessarily cannot be because we have many natural and constitutional rights, which inherently place limits on our rights and exercise thereof when they come into contact with others' rights.  Now I'm no declarationist, but there's an important marriage of two constitutional aspects in that document of Jefferson's:

[A]mong these [unalienable Rights] are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men...

Those rights are certainly not disparaged by Amendment IX, and in fact are a significant drivers for framing gummint in our Constitution.  And as RMJ notes, if we're dead, it's wicked hard to pursue a lot of our other rights, which is why even Dear, Dead Justice Vaffanculo wrote in Heller:

[L]ike most rights, the right secured by the Second Amendment is not unlimited.

In flinty, individualist Vermont, where the General Assembly is tackling gun safety regulations, the state constitution's Article 1st codifies our Declaration's statement of principles:

That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.

And decades before Heller, the Supreme Court of Vermont declared:

[T]he language of [Article 16] does not suggest that the right to bear arms is unlimited and undefinable.

The Castle Doctrine is all well and good, but I'm not sure anybody reasonably envisioned castles walking around in the public space, armed to the teeth such that scores of kids can die at the merest pull of a trigger.  Our society doesn't have to allow that, despite certain absolutist snowflakes' objections.

ntodd

March 25, 2018 in Constitution, Schmonstitution, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Saturday, March 24, 2018

What Do We Want? A Complete Ban On Memes!

Posted by a friend on another friend's timeline:

As you know, dear reader, I hate memes.  They are generally glib, and usually the comments that accompany them are equally so.

In this particular case, it's more of the ad hominem dismissal of motivated, passionate kids, who are actively engaged in a cause that is very directly linked to their own survival.  So clearly these are not the types who eat Tide Pods, but rather are trying to push a policy outcome to regulate a dangerous product, not unlike we do with other dangerous products (including Tide Pods, medicine, cars, etc).

And as is typical, there's a strawman in there as well.  Nobody is, in fact, arguing for anybody's rights to be taken away.  Rather, they are exercising one of their rights to place some limits on another right when it comes into conflict with yet another right.  In this case, suggesting that perhaps certain firearms are “dangerous and unusual weapons" per Heller, which also noted that the 2nd Amendment RKBA is not unlimited (any more than any right).

There is tension in democracy, tension in civil society, and tension when rights collide.  When resolving such issues, there's always a delicate balance.  Neither gratuitous Tide Pod insults nor frantic claims of self-defense have convinced me that unfettered access to AR-15s and their ilk along with high capacity magazines is necessary, let alone protected by our Constitution.

G-d bless the kids and other activists using our political system to find a political solution to a horrifically bloody problem.

ntodd

March 24, 2018 in Constitution, Schmonstitution, RKBA | Permalink | Comments (1)

NToddcast RSS Feed

Monday, August 22, 2016

Nat Turner Was A Second Amendment Hero

You know, because his rebellion was suppressed by armed whites, the way our Founders intended.

ntodd

August 22, 2016 in Constitution, Schmonstitution, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Saturday, July 09, 2016

Deaf As An Adder To The Clamours Of The Populace

I understand the reaction to robotic bombs given our drone war killing indiscriminately, but I admit to having a hard time getting worked up about the Dallas cops taking down an active shooter in any particular fashion, whether it be by SWAT sniper or some remote device.  They had a right to defend themselves and the protesters with whom they were peacefully interacting just prior to mass murder.

Once again turning to John Adams' defense of killer Red Coats, December of 1770:

I shall begin with justifiable homicide; if an officer a sheriff execute a man on the gallows, draws and quarters him, as in case of high treason, and cuts off his head, this is justifiable homicide, it is his duty. So also, Gentlemen, the law has planted fences and barriers around every individual; it is a castle round every man’s person, as well as his house. As the love of God and our neighbour, comprehends the whole duty of man, so self-love and social, comprehend all the duties we owe to mankind, and the first branch is self-love, which is not only our indisputable right, but our clearest duty, by the laws of nature, this is interwoven in the heart of every individual; God almighty, whose laws we cannot alter, has implanted it there, and we can annihilate ourselves, as easily as root out this affection for ourselves.

It is the first, and strongest principle in our nature, Justice Blackstone calls it, “The primary cannon in the law of nature.” That precept of our holy religion which commands us to love our neighbour as ourselves doth not command us to love our neighbour better than ourselves, or so well, no Christian Divine hath given this interpretation. The precept enjoins, that our benevolence to our fellow men, should be as real and sincere, as our affections to ourselves, not that it should be as great in degree.

Adams began his defense by distinguishing various types of homicide, including justifiable and excusable.  There must needs be distinctions in the law as well as morality, and I think we should recognize the difference between cigarillos and sniper rifles, small-penised white guys waving guns and an angry black man who shot and killed many people.

I naturally prefer peaceful solution.  Yet even I must balance the fact that we have a right to self-defense with that preference.  Certainly how we exercise that right is a conscious choice most times, but we have reptilian brains and in crisis, particularly without training and practice, we can understandably act on instinct.

Our violent society has done little, if anything, to learn how we might mitigate the need for self-preservation instincts that lead to more bloodletting.  I wish we'd do more for our vets, and fix our disproportionate "justice" system, and learn how to defuse dangerous situations before they start, or handle things better during such incidents, etc.  You know my old song: let's establish a Department of Peace, let the CDC study gun violence, and be honest about just how far an inalienable right can be stretch beyond our individual castles when there are other people in this world whose rights we might be infringing upon.

Consider what John Dickinson, writing as Fabius, said in defense of our Constitution during the ratification debate 18 years after the Boston Massacre:

[I]n forming a political society, each individual contributes some of his rights, in order that he may, from a common stock of rights, derive greater benefits, than he could from merely his own...Humility and benevolence must take place of pride and overweening selfishness.

Americans swim in a sea of overweening selfishness.  So jealous are some of their right to carry any weapon they cannot countenance regulation that might possibly put the smallest of inconvenient limits upon that right (don't get me started on that Ben Franklin quotation).  Thus there are more guns than people in the United States which can be easily be obtained, clearly making us all--including well-armed and trained officers--less safe.  It becomes a murderous cycle: police become more fearful, militarized, and ready to enforce the law with extreme prejudice; civilians carry weapons more, enabling lightning fast escalation during road rage and other interactions that used to be less fraught with danger.

Which brings me to the Rude Pundit, circa now:

We have decided that "freedom" only applies to individuals and not to society as a whole. If you are a civilian walking around with a firearm, I would argue that you are very, very far from free. You are a captive to your fears, and you are using a perverse notion of freedom to it cover up.

Some of us, many of us, want to be able to move through this nation without wondering if someone has a gun on them. Some of us, many of us, don't want anyone to be gunned down, not black men by cops, not cops by black men, not people at clubs, at schools, at movie theaters, at all the places where we die. Some of us, many of us, believe that guns are the opposite of freedom and that you shouldn't have them and most, if not all, of them should be taken away from you, even if, yes, we have to pry them from your idiot hands.

We live in a prison of guns, floors slick with the blood of our dead, and we keep sliding around instead of cleaning up.

Indeed, the sword of the parent is stain'd with the blood of her children, while Congress and certain lobbies are deaf, deaf as an adder...

ntodd

July 9, 2016 in RKBA | Permalink | Comments (1)

NToddcast RSS Feed

Friday, July 08, 2016

Where's The Marquis Beccaria When You Need Him?

John Adams, for the prisoners at the bar:

“If I can but be the instrument of preserving one life, his blessing and tears of transport, shall be a sufficient consolation to me, for the contempt of all mankind.” As the prisoners stand before you for their lives, it may be proper, to recollect with what temper the law requires we should proceed to this trial. The form of proceeding at their arraignment, has discovered that the spirit of the law upon such occasions, is conformable to humanity, to commonsense and feeling; that it is all benignity and candor. And the trial commences with the prayer of the Court, expressed by the Clerk, to the Supream JUDGE of Judges, empires and worlds: “God send you a good deliverance.”

Red Coats, white cops, and black snipers all deserve fair trials under the rule of law, not mob justice or robot bombs.  Oh yeah, black civilians--even ones frighteningly exercising their 2nd Amendment or other rights--do, too.

ntodd

July 8, 2016 in RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Thursday, June 23, 2016

Adventures In Bad Legislating

This is a nation that developed the world's most destructive weapon, is the only one to have actually used one (two!) in war, and yet somehow since that time we also sent humans to the moon and ended up, so far, not causing a global nuclear holocaust.  This is a nation that finds new and inventive ways to prevent women from exercising their reproductive rights.  This is a nation that cleverly attacks non-existent problems like voter fraud to disenfranchise minority voters

All that, but we can't, among all the nations of the world, figure out how to mitigate the violence, particularly involving guns, in our society.  That's the backdrop to the frustration many Americans feel, and the desperate measures House Dems have taken during their remarkable sit-in.

Make no mistake: any solution that relies on the No Fly List is bad, bad, bad.  I'd also submit that outright bans probably aren't going to work, either.

That said, I'm completely sympathetic with John Lewis et al.  This Congress thought it was a great idea to vote on actively eroding the 4th Amendment (Senate) and gutting a rule that requires bankers to do their jobs with client interests in mind (House).  Then they throw up their hands and say nothing to do about all the shootings, sorry.

The Dems' stated goal of a (losing) vote on some bad law isn't necessarily bad itself, however.  Like many "stunts", the real object is to force a reaction.  At the very least, they put their differences with the Do Nothing/Know Nothing GOP in stark relief.  That's particularly good if the other side can't even come up with alternatives, and is left sputtering on Twitter.

I'd love to see a complete pivot away from this demand and toward something more constructive.  How about: "okay, you don't like this approach, so let's skip it.  While we're at it, let's kill the No Fly List.  Oh, also maybe let us create a Department of Peace, and end the ban on gun research by the CDC so we can at least start examining violence inherent in our society and why the fuck other countries don't go through the same shit every other goddamned day?"

It's not like sitting around has gotten us anywhere...

ntodd

* Lucky Thirteenth Blegiversary Fundraiser: Donate today, or I'll not forget to ask you tomorrow! *

June 23, 2016 in Constitution, Schmonstitution, Pax Americana, RKBA | Permalink | Comments (3)

NToddcast RSS Feed

Wednesday, June 22, 2016

"Calculated merely to amuse, or rather to deceive."

Due process is as due process does:

[The Senate] voted on legislation from Republican Arizona Sen. John McCain to chip just a little bit more of the Fourth Amendment away by allowing the FBI to skip that whole judicial review process when collecting electronic records of suspects. This is their answer to Orlando, even though it's not an answer at all. The FBI director, in fact, said it wouldn't have made a difference because the FBI had the shooter's electronic records, obtained with a judge's consent. Oh well.

And yes, this is the same Republican party that argued keeping people on the terrorist watch list from getting guns was a problem because there wasn't judicial process. No, it doesn't make any sense.

Sure it makes sense, just as it does for Democrats to push their legislation tied to a No Fly List that they decried during the Bush Interregnum.  It's always surprising to me when people are surprised that the political process involves politics.  Context matters, as do changing circumstances, which is completely consistent with how we've done shit since we first argued about the Bill of Rights.

ntodd

* Lucky Thirteenth Blegiversary Fundraiser: Donate today, or I'll not forget to ask you tomorrow! *

June 22, 2016 in Constitution, Schmonstitution, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Where Does My Nose Begin?

What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty.

 - Elbridge Gerry, debating the Second Amendment on 17 August, 1789

Not that I agree with Prohibition, nor total bans on any particular firearms, but John Finch, Chairman of the Prohibition National Committee, does offer some counsel from the 19th century that we might consider:

Unrestrained natural liberty is the enemy of civil liberty. Let me illustrate: It was personal liberty that enabled Guiteau to send the bullet through the back of President Garfield. It is civil liberty which will hang him on the 30th of June. Do you see the difference? It is personal liberty that would let me meet you on the street and knock your brains out with a club; it is civil liberty that would punish me for the crime...

Personal liberty means individual or brute liberty. Civil liberty means the restraint of personal liberty. I have a legal right to fill my mouth with tobacco, and chew, and chew and spit. I do not believe I have the physical and moral right.

I have a right to chew and spit that way, or chew and spit the other way—it is none of your business. You grant that right if I am alone on the prairie. I go into a crowd of men and exercise the right. I chew and spit in one man's facer and chew and spit in another man's ear. I would be knocked down in a minute. As a man hits me on the ear, I exclaim, "Is not this a free country?" "Yes." "Have not I a right to spit?" You would teach me that my right to spit ceased where your right not to be spit upon began.

This arm is my arm and my wife's; it is not yours. Up here I have a right to strike out with it as I please. I go over there with these gentlemen and swing my arm and exercise the natural right which you have granted;. I hit one man on the nose, another under the ear, and as I go down the stairs on my head, I cry out:

"Is not this a free country?"

"Yes, sir."

"Have not I a right to swing my arm?"

"Yes, but your right to swing your arm leaves off where my right not to have my nose struck begins."

Here civil government comes in to prevent bloodshed, adjust rights and settle disputes.

Natural rights have inherent limits because they inevitably come into conflict with other natural rights.  Constitutional rights have explicit and implicit limits, even the precious RKBA.  You might claim that you're protecting yourself, but the political process exists for all of of us to protect ourselves.  Trying to find a balance is not infringement: it's the way this shit is supposed to work.

ntodd

* Lucky Thirteenth Blegiversary Fundraiser: Donate today, or I'll not forget to ask you tomorrow! *

June 22, 2016 in Conscience, Constitution, Schmonstitution, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Monday, June 20, 2016

We Need Satyagrahi Militias

Either somebody has been cribbing from my blog, or there's at least one person in the country who agrees with me.

ntodd

* Lucky Thirteenth Blegiversary Fundraiser: Donate today, or I'll not forget to ask you tomorrow! *

June 20, 2016 in Pax Americana, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Thursday, June 16, 2016

The Best Gun Control Is Cock Control

Perhaps we should do what Benjamin Franklin suggested Britain try on some violent North Americans: all the Males there be castrated.

The English, whose Humanity is celebrated by all the World, but particularly by themselves, do not desire the Death of the Delinquent, but his Reformation. The Advantages arising from this Scheme being carried into Execution are obvious. In the Course of fifty Years it is probable we shall not have one rebellious Subject in North America. This will be laying the Axe to the Root of the Tree. 

In the course of 50 years it is probable that we shall have not one mass shooting...

ntodd

June 16, 2016 in RKBA, Soaking In Patriarchy | Permalink | Comments (0)

NToddcast RSS Feed

Seriously, All Of You Are Wrong About Guns

Militias ain't what your favorite gun-humper says they were for, but gun-grabbing literalists ought not forget we can't deny or disparage rights without opening up a huge can of worms.  That said, keep exercising your First Freedom, although everybody really needs to stop misquoting the Framers, for fuck's sake.

ntodd

June 16, 2016 in Constitution, Schmonstitution, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Tuesday, June 14, 2016

This Is The Most Divisive Period In Our Nation's History

Lemme think about this for a minute:

Historical parallelism is a dangerous game. But in the days after the shootings in Orlando, Florida, as we fall into another cycle of fretting over our continued inability to pass effective gun control laws, I’ve found myself thinking about the steep odds abolitionists faced in the years before the Civil War ended slavery. That social movement wrestled with entrenched public opinion and powerful monied interests, and eventually won. Is there anything to be learned from their success?

Oh yes:

  1. Agitate a large bloc of people with entrenched absolutist beliefs.
  2. Let them start a civil war.
  3. Win the civil war.

I'm not being entirely glib.

ntodd

June 14, 2016 in RKBA | Permalink | Comments (2)

NToddcast RSS Feed

Sunday, June 12, 2016

When I go to the club and I find people riddled with bullets, am I not living politics?

The Boston Massacre was politics.  The Orlando Massacre was, too.  Everybody should politicize the fuck out of all that shit.

ntodd

June 12, 2016 in RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Wednesday, June 01, 2016

Lose An Election? Start A Shooting War!

Ah yes, the South Carolina model of responsible republican virtue:

In a conversation on his “Gun Owners News Hour,” Larry Pratt, executive director emeritus of Gun Owners of America, interviewed Robert Knight, a fellow at the conservative American Civil Rights Union, who said a Democrat taking the White House and replacing the late Supreme Court Justice Antonin Scalia would pose “great peril” to gun rights.

“At that point, we would have to come to an understanding, which we’ve been sort of taught, it’s been taught out of us, that the courts do not have the last word on what the Constitution is,” Pratt said on the show, in remarks first flagged by RightWingWatch.

“And we may have to reassert that constitutional balance, and it may not be pretty," he continued. "So, I’d much rather have an election where we solve this matter at the ballot box than have to resort to the bullet box.”

Par for the course with Mr Insurrectionist, but what's funny to me is how the ignorant bastard used to think Scalia was anti-gun...

ntodd

June 1, 2016 in Constitution, Schmonstitution, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Wednesday, December 30, 2015

Gun Control

Even in an open carry state like Ohio, we all know that the 2nd Amendment really doesn't allow for CWB.  That's real gun control, not the bullshit stuff our well-armed white friends fear.

ntodd

December 30, 2015 in RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Monday, December 07, 2015

Add Another Presumptively Lawful Regulatory Measure To The List

An anti-gun regulation challenge gets shot down by SCOTUS, and The Silent One squeaks:

Despite [holdings in Heller and McDonald], several Courts of Appeals— including the Court of Appeals for the Seventh Circuit in the decision below—have upheld categorical bans on firearms that millions of Americans commonly own for lawful purposes...Because noncompliance with our Second Amendment precedents warrants this Court’s attention as much as any of our precedents, I would grant certiorari in this case.

Seems that Clarence and Tony forget the Big Man's own majority opinion:

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose...Although we do not undertake an exhaustive historical analysis today of the full scope of the Second Amendment, nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.26 [Footnote: We identify these presumptively lawful regulatory measures only as examples; our list does not purport to be exhaustive.]

We also recognize another important limitation on the right to keep and carry arms. Miller said, as we have explained, that the sorts of weapons protected were those “in common use at the time.” 307 U. S., at 179. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of “dangerous and unusual weapons.”

I guess 7 other Justices found one of the limits on our RKBA.

ntodd

December 7, 2015 in Constitution, Schmonstitution, RKBA | Permalink | Comments (0)

NToddcast RSS Feed

Wednesday, November 04, 2015

Bernie Privileged Sanders

My homie don't see it, which is why blinders need to be removed:

At issue is a comment Clinton made during a speech to the NAACP: “There are some who say that this [gun violence] is an urban problem. Sometimes what they mean by that is: It’s a black problem. But it’s not. It’s not black, it’s not urban. It’s a deep, profound challenge to who we are.”

Saletan thinks this is an unfair dig at Sanders. The Republicans haven’t called violence an “urban” problem during the debates — though Saletan fails to note whether they have said such a thing in non-debate circumstances — so it must, in his opinion, be a talking point aimed squarely at Sanders:

In the debate, Sanders began by saying, “As a senator from a rural state, what I can tell Secretary Clinton [is] that all the shouting in the world is not going to do what I would hope all of us want.” A couple of minutes later, Sanders told former Maryland Gov. Martin O’Malley: “We can raise our voices, but I come from a rural state, and the views on gun control in rural states are different than in urban states, whether we like it or not.” O’Malley insisted that the issue was “not about rural and urban.” Sanders replied: “It’s exactly about rural.” Only one other candidate used the word “urban” during the debate: former Virginia Sen. Jim Webb. A week later, on Oct. 20, Webb quit the campaign. So when Clinton, on Friday, spoke scathingly of people who call guns an “urban problem” but mean it’s a “black problem,” it’s obvious to whom she was referring.

No doubt Clinton is poking a weak spot in her opponent’s case, but Saletan is also missing the forest for the trees here. Sanders most likely didn’t intend for his talking point about rural vs. urban gun ownership to have any racial implications. But those implications are nonetheless there. I doubt that Clinton or any of the other people troubled by his remarks believe he is speaking out of anything but ignorance. But that ignorance is still a problem.

Racism is baked into the DNA of the gun control debate. The gun lobby loves to gin up support and sell weapons by scaring white people with poorly concealed racist fantasies about black people coming to get them, and how they need guns — apparently a lot of guns — to keep the scary hordes away.
...
If you’re familiar with this history and rhetoric, it’s not hard to hear the racial implications of suggesting that “rural” folks are responsible, safe gun users — while “urban” folks are not. On the contrary, it’s hard not to hear that. Sanders may mean well, but his constituents who insist that they are just wholesome gun owners, unlikesome people, probably do not mean well.

I get the attraction of the dodge, which is not overly dissimilar from what Howie used in '04 (hey, my state has a responsible gun culture, it's not the same as Illinois, so let's leave it to the States!).  But really, Bernie's intentions are beside the point: it's a dog whistle he's blowing and even if density and other issues are involved, he's gotta cop to his privileged blindness on this just as he did on #BLM.

ntodd

November 4, 2015 in RKBA | Permalink | Comments (0)