Richard Riley’s April 5 letter (“Right to bear arms under attack”) misinterprets Vice President Joe Biden’s words and then resorts to the common paranoia of the guns-above-all-else crowd that they will lose their guns.
The vice president doesn’t challenge the Second Amendment, as Riley says. He merely questions the premise that a gun-toting populace is more secure. And, yes, events such as Trayvon Martin’s death and the murders in Farmville and Greenville reported on page one of the same April 5 paper confirm the vice president’s doubts and challenge the wisdom of uncontrolled gun ownership.
I don’t understand why the NRA and law-abiding gun owners aren’t leading the charge for responsible gun use. Why aren’t they working to get guns out of the hands of lawbreakers and incompetent people? It’s in their interest. Rather than criticizing legitimate worries about Martin’s shooting, why aren’t they calling for more training and guidance for gun owners? Or do they think Martin’s death is just collateral damage in the bigger war to protect ownership of any and all weapons?
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Second Amendment
The Second Amendment, like the Declaration of Independence and the Constitution was written by people who had just become plain tired of being Subjects. The first time the Supreme Court mentions the Second Amendment was in the dicta of the famous Dred Scott v. Sanford case. In that matter the Court laid out a list of The Rights of a Citizen. The list included the right to speak in public on any topic, to cross state lines singly or in company bearing arms, to go to school and since slaves could not do those things, they must not be citizens. The Second Amendment was raised in Chicago when German group wanted to march, the leader carried a sword. The Supreme Court said a requirement for a parade permit did not violate the Second Amendment. In 199, the Miller case was heard by the Court. Miller was arrested and charged with illegally possessing a sawed off shotgun. When the case was brought into the lower Federal court the TRIAL JUDGE dismissed the government's case, citing the Second Amendment and released Miller, never to be seen again. No evidence was taken, so there was nothing to review. But the Federal Government appealed the case to the Supreme Court. The Court said that since no evidence had been taken they could not issue a decision and the case was remanded back to the lower court to take evidence. That has never happened. Just a few years ago, The Heller case was the first case in which the Court didn't completely duck the question. In Heller the Court said the Right To Keep and Bear Arms is not dependent on being in a militia, that the right was individual and was a guarantee of a right that exists in the same way the the Declaration of Independence, endowed by the Creator. Anybody can read the case law. Since crime is much lower in places where the People are armed and higher where the People are [the honest ones] disarmed, it should be obvious that guns in the hands of good people is a benefit. There are some places where crime is imported, such as Phoenix where carrying guns is socially acceptable. The Mexican gangs will be defeated. Trayvon Martin's death was mentioned, so I will address that. The State of Florida licensed George Zimmerman to carry a gun. At some point there will be an evidentuary hearing. At that hwearing a judge will considwer whether there was enough evidence to make an arrest. The arrest of George Zimmerman was premature and that may well cost the State of Florida several million dollars. The arrest law is simple. 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.— (1)A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. (2)A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. (3)The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1). History.—s. 4, ch. 2005-27.
I love this argument..........
"Guns don't kill people, people kill people".
But, if there is no gun for that person to pull the trigger of, you eliminate one source for violence. Right?
Trite and much used sayings that mean nothing
"Guns don't kill people, people kill people". is right up there with "If guns were taken away, only outlaws would have guns". Both useless and far overused sayings.
maybe
It may be overused, but it is the truth. I never saw a gun pull it's own trigger.
Biden/Obama promote and encourage the exploding Gun sales market
through their not so smart anti- gun rhetoric....keep it up, boys!
How ironic that this is what you'll be remembered for...
Agree
There should be responsibility in gun ownership and use. Having spent a 30 years in my Marine Corps, I have probably fired every hand held weapon of every nation since the Mauser, Enfield and the '03, from fully automatic, silenced, to placing a five round clip in the weapon. My profession required that I be an expert on weapons of all nations. I am, right down to the number of grains to use for maximum effectiveness. Not bragging, just explaining my former profession.
My grandmother grew up on a farm. She was the oldest of five sisters and three brothers. She was 13 when a 3 men tried to break in to their farm home. She grabbed her father's revolver and killed all 3 of them, one round each. They had been searching for these killers for over a year. You see my great grand father was the county sheriff and he taught each child how to use a weapon responsibly. There was no trial, no inquest, nothing but a five line article on the second page of the local newspaper. Afterwards, she put the gun back in the drawer and went back to helping her sisters wash the clothes and hang them on clothes lines to dry.
Granted it was a more simpler time. However, each generation of my family have been career public protectors and/or military protecting our country. My own daughters learned how to accurately fire a weapon, and the responsibility of handling weapons, from my wife and myself. My wife learned the same from her Marine Corps father. We never had concern about locking my weapons, taking out the bolts, or firing pins if we left our children at home. They learned at a very early age.
Years ago, I never understood why the federal government even got involved with personal weapons past tranporting weapons between states for sale under the commerce clause.
Yes, I have gone to the trouble of taking a "concealed carry" permit for a weapon I carried for 30 years on active duty. I would do it again. All my children and grandchildren have done the same. Why do I now understand that I have to get a permit and why is the government involved? Try going to upper Montana as a first stop, and seeing the "militias" formed not for protection of the state, but for "white only" "Christian only" groups. It's scary. That would be a first reason. Next, even the former Vice President of the United States mishandled a weapon and peppered a friendwhile hunting birds. So, with guns, even in the best of hands, accidents will happen. Now, look at the inner city gangs more armed that some of the enemies my Marines and I went up against on missions. It is sometimes hard to find out who are the black hats and the white hats.
There was a question yesterday of what one would do if a person broke in to your home. The vast majority answered shoot first and ask questions later. Sadly, in today's society, that has to be the answer, given just the recent rampant killings of three store clerks for no reason. If you look closely at the videos you see that the hammer is already cocked on the revolver of the man entering and going to the counter. No more days of breaking in just to get something to eat. Now its drugs, money, or even gang initiation.
We have an outstanding police department here. But, they cannot be in all places all the time. I figure it's either him/her or me as I have been taught and learned over a career. So far it's been me Thanks be to God. Now I am an old man and probably considered priority 1 by those who rob and kill for money. After all, no big loss. All I ask is please don't try. I am very tired of killing people over money, drugs, politics, religion, and one country wanting to take another. I hope I never have to do anything than my weekly cleaning of my weapons and taking them to the range to hit a moving piece of paper.
I no longer hunt animals or birds. I feed them now. Personally, I have always felt that hunting animals for any reason rather than putting food on the table is a weak person just trying to give the impression of strong because of a bigger gun. We used to make deer meat burgers, deer steak, and deer stew when we lived paycheck to paycheck. And we always had a turkey for Thanksgiving. When the pay got better, we purchased beef/pork/turkey at the store.
However, I am not ready to die yet although I understand that is not up to me. If someone tries to break in my home and kill me for what little I have, I will defend myself with everything I can bring to bear---and I will ensure that none of those who try will be breathing when it's over. Why? because if they get away, they might find some other old man/woman to rob---and I do not want that either.
I have cried over my enemy many times. A young boy, a pretty young girl with an SKS and a scope tied in a tree as a sniper. I will probably cry again. But, that does not stop my resolve.
Someday, all this will pass, at least I pray so.
responsibility
just like driving a car
By the way
In the Farmville murders, two of the suspects were felons who broke the law by having a gun. Hence, this shows that regardless of the laws, criminals will have weapons.
We are not defending ourselves against a foreign invading country. We are defending ourselves against the thugs and criminals you read about in this paper who prey on innocent honest citizens each and every day.
response
"And, yes, events such as Trayvon Martin’s death and the murders in Farmville and Greenville reported on page one of the same April 5 paper confirm the vice president’s doubts and challenge the wisdom of uncontrolled gun ownership."
The guys who were arrested for the murders in Farmville were felons, in other words it was ILLEGAL for them to have guns. Now did that stop them? Obviously it DIDN'T stop them from getting their hands on some. So how do people think outlawing guns in general would help? Criminals will get guns and it does not matter if it is legal or not.
These idiots pushing gun control obviously never stop and put any thought into anything. Do you really think a guy planning a murder gives any thought to gun laws? The gun laws are the least of his worries and don't matter. The only people gun laws affect are law abiding citizens.
The Intent of the Bill of Rights
The intent of the Bill of Rights was to restrict and prohibit the Federal Government from abuse of power, clearly stated in its Preamble. It was never nor was it intended as a grant of rights BY the Federal Government. This clearly indicates that these rights were already inherent possessions of the people.
In the Second Amendment, the "well regulated Militia, being necessary to the security of a free State," was never intended to be a qualifier for the right to bear arms, but was a subordinate clause offered as an example, complimentary to why this right of the people must be protected. All one has to do is read writings on the Second Amendment by St George Tucker, Revolutionary War Militia Officer, legal scholar and US District Court Judge appointed by James Madison in 1813.
"The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government."
So significant was Tucker's deconstruction of the amendment, that SCOTUS has ruled over 40 times "for the people's right to bear arms" specifically citing Tucker.
The Second Amendment is not a grant of right by the government. It is not a right that is abridged only if one is on active militia duty. It is the natural individual right of self-defense which as Tucker wrote "is the palladium of liberty".
Training and guidance
We have laws against murder, rape, drunk-driving, etc. and they still happen. The truth of the matter is that the ones who commit crimes involving guns will have them no matter what the laws are. And I sincerely doubt they will take the time for training and guidance. My grandfather said that laws and rules are made for the honest, law-abiding citizens, and I now understand what he was saying. Guns do not kill people, people kill people.
First of all, hats on to Mr.
First of all, hats on to Mr. Clement. Anyone smart enough to interpret Joe Biden's words is a smart person. I'm not even sure Joe can interpret his words.
On the subject of gun control, do you think America can do as good a job controlling guns as they do, let's say, illegal drugs? Can they do as good a job on gun control as they do controlling illegal immigration?
The poor ol' government cannot even control itself, much less guns. Give them a break and don't try adding anything else to their already full plate.
Well regulated.....?
Oh, Don, now you've done it.... You've quoted the first few words of the Second Amendment about a "well regulated militia". Stand back and watch he reaction of the gun lovers, and they are many & sundry. That is one right that will be defended to the same extent that reproductive rights and especially contraception will be defended by women....Republicans are about to find that out the hard way. The NRA and the ACLU are 2 organizations that start out with what they think are the best intentions, but their extremist bent make them equally dangerous to America's best interests. The ACLU wants to protect the First Amendment so much that they end up coddling criminals and terrorists, and the NRA seems to want virtually no restrictions on personal armaments. I for one am glad we have the personal freedom to own projectile weapons for protection, but wish laws were stricter concerning crimes using guns, like no plea bargaining, no early release or parole, and enforcing the strictest of laws involving armed crimes. Neither Amendment is absolute, but the NRA 'kill at will' laws spreading across the states threatens to turn this country back into the wild wild west. They say that an armed populace is the best defense against an oppressive government, and in theory I cannot argue with that, but somewhere along the line a certain special interest organization lost sight of the 'well regulated' part of the Second Amendment. 'Stand your ground' does not mean 'chase and kill'. I pray for the murder victim (2nd degree) as well as Mr Zimmerman, now in jail; I want to give him the benefit of the doubt that he had the best of intentions to protect his neighborhood. But he should have listened to the police and stayed in his car, now his life is ruined no matter how this works out. By the way, they should enforce the strictest laws against those who offered a bounty on his head, but I feel the same way about those who do the same things against abortion doctors, those are forms of intimidation bordering on terroristic tactics.
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