Friday, March 16, 2012

GUN CONTROL IN THE U.S. – KINDA LIKE BEING JUST A LITTLE PREGNANT?

Disclaimer – I am a gun owner, firearms instructor and live in a community with a rifle range, pistol range and skeet and trap ranges all for the benefit and use of the residents.  I am a member of the NRA, but do not consider myself a “gun nut.”  I happen to like to shoot; at targets only by the way for all you PETA people.  I would like to think I am making a logical argument here, but I will admit the possibility of bias.
While I am a proud liberal and a card-carrying member of the ACLU, I am also a member of the NRA, which is almost oxymoronic, given the two organizations have diametrically opposed, and almost mutually exclusive, viewpoints on gun control.
The more conservative wing of the NRA would have us believe that there should be no form of gun control in any way, manner, shape or form.  I have spoken to individuals that have a very logical, but nonetheless ridiculous, argument.  The Second Amendment was put into place by the Framers of The Constitution for, among other things, the purpose of allowing the citizens to rebel against a government that becomes oppressive. 

Place this thinking into context; the United States had, in their recent memory, fought a bloody war and won independence from Great Britain and the oppressive rule of King George III.  The Constitution was, at that time, giving the federal government significantly more power than it had under our first governing document, the Articles of the Confederation and Perpetual Union between the States of (fill in the 13 original states here).  We use the short form to remember it by, “Articles of Confederation”.  Thus, our Founding Fathers and Framers of The Constitution wanted to make sure “We the People” could rebel against the federal government, should it become oppressive, making revolution necessary. 

If it becomes necessary to engage in a new revolution, the argument logically follows that, if the government has a weapon, we need one like it with which to revolt or defend ourselves.  We have heard from some groups, even in our own time, that we have reached the point that so-called “Second Amendment” and “Tenth Amendment” remedies are necessary, because our existing government has become oppressive.  I have this vision in my mind of pre-apocalyptic Tea Baggers from Montana and the U.S. military lobbing nukes at one another in the bad lands of the west, but that is ridiculous matter for another time.
This thinking, however, is why there are a not insignificant number of people that believe “We the People” should have available to us every weapon available in the arsenal of the United States Government, just in case we have to revolt.  In particular, they believe that every citizen of the United States has an “individual right” to keep and bear arms.  I strongly support the Second Amendment, and believe it to be such an individual right.  The Supremes (Supreme Court of the United States) have said so, but I am certain that I have no desire whatsoever to maintain a thermonuclear deterrent, tank, artillery battery nor a flamethrower in my garage or basement, just in case. 
I am not sure exactly where the line between reasonableness and nuts is drawn, but I am certain no one needs a personal A-bomb.  I do not think that the government has a legitimate interest in knowing who has what specific firearms. Thus I am not a believer in gun registration.   It would seem to serve only to allow the government to round up all the guns, if and when they feel it necessary.  The interest of "We the People" is not best-served if the governments can effectively round up all the guns, especially if they see the natives becoming too restless for them. 

Not having a government holding all the cards is a good thing.  An oppressive government is a whole lot less likely to pick a fight with the governed when the governed can shoot back.  If you think me ridiculous, you might recall that the Japanese never seriously entertained the idea of invading the continental United States during World War II because they were afraid they would get shot at by every citizen with a gun, and they believed, right or wrong, that every American had a house full of guns.  unknowingly, gangster movies and westerns made an effective deterrent.

The above arguments notwithstanding, I support limitations on the private ownership of things like explosives, fully automatic weapons and limitations on the carrying of concealed weapons.  When I say limitations, I mean things like background checks, licenses and such.  If you are not a convicted felon, are not a “mental defective” (a legal term), you should be able to own and possess a firearm or get a concealed firearms permit.  Oh, and when I say “mental defective,” I do not mean you have told your doctor you have been a little depressed, but if you are suicidal or feel the need to kill your ex-wife or local college students en masse, we need to talk.  “Reasonable” is obviously a color that has a lot of different shades. 

Gun control advocates, on the other hand, do not embrace this individual right interpretation.  They believe that it is the right of only a “well-regulated militia", basically the National Guard in each state, to keep and bear arms, and believe it to be a collective right.  Their ultra-left-wing nuts would insist that no one needs a gun for any reason and the private possession of firearms of any kind should be outlawed completely.  I am as equally opposed to this ban as I am the personal nuclear option.  The reasonable, as with most things, seems to lie somewhere between the polar extremes.
One of my primary considerations one the issue of gun control is that it is just impossible to eliminate private possession of firearms in the United States.  Just as Prohibition did not eliminate alcohol consumption, gun control will never eliminate guns.  Best estimates are that there are 350 million firearms in the United States.  We live in a country where there exists a firearm for every man, woman and child in the country.  No, not everyone has a gun, but there are enough people with bunches of them that they could be evenly distributed to everyone, with a few left over.   In this environment we could not eliminate private possession of firearms, even if we wanted to.  The environment would take generations to change and let me assure you there would be a bunch of people that would have weapons caches stashed all over the place.  You know the old, when-they-pry-it-out-of-my-cold-dead-fingers types.
Second, I think you can make anything illegal and it does not necessarily eliminate the problem.  Make it against the law to possess a firearm and there will always be individuals that possess firearms, and there will be too many to put them all in prison, trust me.  You also set up the situation where only the bad guys have the guns.  In my home state of Florida, there has never been a case of an individual that has a concealed weapons permit using a firearm in a crime.  There are, however, cases in which individuals with concealed weapons permits, or are otherwise in lawful possession of a firearm, that have defended themselves or others using those guns. 
Criminals are not notoriously future-oriented thinkers.  They do not generally consider whether they face prison time or the death penalty before they rob and kill someone.  I have interviewed hundreds, yes hundreds, of criminal defendants, and one thing was consistent, they did not think about the consequences of their actions before they did something incredibly stupid.  That is why they are criminals…DUH!!
I had the very enlightening experience of working as an investigator for the Office of the Public Defender for the District of Columbia for several months.  I could not carry a gun because it was illegal in D.C., but most of the clients, and many of the witnesses, I interviewed that were not at Lorton Correctional (used then as the pre-trial holding facility for D.C.), were strapping (carrying a concealed weapon, for the less street-wise).  Probably the only reason I did not get robbed and/or shot was the fact that I was working for the lawyer of some “respected” (spelled: F-E-A-R-E-D) ne’er do well.  They had to think, the ne’er do well might get off and he might not be happy if they screwed with the guy that helped get him off (Okay, so maybe they were a little forward thinking).  I completely understand (not approve) why they carried illegal guns as they lived in neighborhoods where I would not get caught after dark on a bet.  One of the axioms of P.D. investigators was not to be caught north of Rhode Island Avenue after dark.  That was about 3 decades ago, however.
Let’s sum up; the Supremes say it is an individual right to own and keep them, too many of them exist to get rid of them, bad guys don’t care that it is illegal to have or illegally use them , some good people, in spite of any law making it illegal, will keep them anyway, and some good people have lawfully defended themselves and others with them.  Yes, there were about  13,000 murders in this country in 2010 (the last year for which statistics are available).  We also had 254 million cars and 32,000 traffic deaths that year and no one is clamoring to take your car away, but that is comparing apples to oranges. 

I just don't think gun control will work, at least not for its intended purpose of reducing crime, no matter what you do.   Having guns in our society is also kinda like being a little bit pregnant, only on a permanent basis and, as everyone knows, you can’t be just a little bit pregnant. There are guns out there.  There are always gonna be guns out there and like the unwanted pregnancy, the time to have dealt with it was before it happened, but in our history we have never had a time when we didn't have guns.  There have always been guns out there, and I don't see guns going away in the foreseeable future.

Thursday, March 15, 2012

The Dunces Will Doom Us - Barack Obama, The Muslim...Who Cares Anyway?

I have absolutely no idea why I am so irritated by dunces that they move me to respond, but, alas, I am moved to do so.  First note that I use the term dunce as it is defined in modern times, which I also believe is incredibly fitting for this situation.  A dunce is defined as “an idiot that is specifically incapable of learning.”  With that said, I address the dunces that still ascribe to the so-called “Birthers” that do not believe Barack Obama is legally qualified to hold the Office of President of the United States because he is not a “natural born citizen” as required by the Constitution, as prescribed in Article II, Section 1.
Some ultra-conservative, wing nuts still would like us to believe Barack Obama cannot be President.  I know this because I was recently forwarded the “absolute proof” in the form of a YouTube video, forwarded by a person that I can only assume has had somewhat more than half his brain removed.  You can watch the video at: 
Oh, and there is a comment to the video as follows:
“The video starts out with some content from obamasnippets.com, which, of course is contrived. And yet, there seems to be a synthetic truth about what the president says. Is he "natural born" according to the Constitution? No. It's likely that Mr. Obama was REGISTERED in Hawaii, therefore he has a COLB from Hawaii. The truth may well be he was born in Kenya; that is where we believe his "long-form" birth certificate was issued. Nevertheless, "natural born" indicates, and speaks to the fact that BOTH parents have to be U. S. Citizens. His father WAS NEVER a U. S. Citizen, therefore, Barack Hussein Obama is NOT a "natural born" Citizen of the United States, thus he is in violation of Amendment 14, and Article II, Section 1, Paragraph 5 of the United States Constitution.”

I shall give the lobotomized author of the comment a scintilla of credit for at least recognizing that the video is contrived, but as far as the rest of it, it proves he is truly a dunce.  Let us analyze…

“Is he ‘natural born’ according to the Constitution? No…The requirement is that BOTH parents need to be U. S. Citizens. Two U. S. Citizen parents produce a ‘natural born’ citizen.”

The Congressional Research Service has stated that the weight of scholarly legal and historical opinion indicates that the term means one who is entitled under the Constitution or laws of the United States to U.S. citizenship "at birth" or "by birth," including any child born "in" the United States, even to alien parents (other than to foreign diplomats serving their country), the children of United States citizens born abroad, and those born abroad of one citizen parent who has met U.S. residency requirements.  Interestingly, the Supreme Court of the United States has never been called upon to make a decision as to what constitutes a “natural born citizen.”  So, I guess we shall have to leave it to this definition, and under this definition, Barack Obama is a “natural born citizen.”

Another interesting point, assuming for the sake of argument that the commentator’s argument has any merit, is the fact that none of the Presidents elected prior to Martin Van Buren (The 8th President of the United States) would have met the “natural born” requirement as they all had either one parent born in another country or they themselves were born British Subjects.  Thus, there is a very important clause in Article II, Section 1, “…or a citizen of the United States, at the time of the adoption of this Constitution,…”  I mention this only to point out that the Founding Fathers did, in fact, contemplate a technically foreign-born president.  He (or she, as the Framers could not conceive of a female President – Hey, they may have been divinely inspired, but they were not omnipotent.) did not have to have two parents that were citizens of the United States.

This brings up an interesting conundrum for the wacko wing nuts that insist on espousing this ludicrous tripe.  One of the fundamental beliefs of the Conservative Right is that The Constitution can only mean exactly and precisely what is written on the four pages of the document (Yes, I know The Constitution of four pages long).  Following this logic, how do we know exactly what the Framers meant when they said “natural born citizen”?  Would not one have to engage in that horrendous, democracy-destroying practice of “judicial activism”?  I see absolutely nothing; zip, zilch, zed, nada, that would define a natural-born citizen as requiring both parents to be citizens of the United States.

What we have here is the classic example of “There are none so blind as those who will not see.”  It is not that there is any factual basis for the statements they make, but it is what they want to believe because it suits them.  It is an illegitimate effort to rationalize what they want to do; make Barack Obama not be President.
While we are at it, let us look at another issue; the religion of the President.  Exit polls in Mississippi and Alabama indicate that 52% and 45% of persons voting in the Republican Primary in those states, respectively, believe that Barack Obama is a Muslim.  I am not sure, but if literacy tests were required of these citizens, the Republican voting numbers would be reduced in accordance with these percentages.  Actually, you can read and right and still be a moron, apparently, as there are many very intelligent – a relative term – people that believe this and other things about candidates they do not support.  Although, I am hard pressed to find in history the vehemence with which it is believed.

I look at negative beliefs of the Conservative Right about the President and find them interesting to analyze as well.  The same people that believe Barack Obama to be a Muslim, also want to believe that he was a member of the Trinity United Church of Christ, because the Reverend Jeremiah Wright, Jr. made statements and took trips that were, to say the least, inflammatory.  Folks, you can’t have it both ways.  He is either a Muslim, or a Christian.  I tend to go with the latter.  The man was married at Trinity United Church of Christ, had his children baptized there and attended services there regularly since he was 26 years old.  Are we to believe that he was some sort of undercover Muslim, infiltrating a liberal “unapologetically black” Christian Church?  Please, gimme a break!!

Thomas Jefferson believed that the survival of a democracy is dependent on an educated electorate.  He said, "If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be."  I am terrified that we are doomed because automatons that will believe anything, like Barack Obama is a Muslim, will vote like Conservative, political zombies, without thought or consideration.


Oh, and by the way, assuming Barack Obama is a Muslim; what difference does that make?