“Mistakes were made,” as the North Vietnamese general said after the war, when referring to the communist massacre of almost 3,000 civilians in Hue, South Vietnam during the 1968 Tet Offensive.  The Republicans in the 23^rd District nominated a RINO who was, of all things, in favor of the card check option that would kill the secret ballot in company elections on unionization.  The GOP candidate in question had other left-wing positions that rankled many conservatives.

That said, the split in the Republican vote between the Conservative Party candidate and the turncoat RINO, who dropped out of the race and threw her support behind the Democrat, gave the left-wing party of big government and restricted individual freedom the win in the congressional election.  The lesson could not be clearer. If you want the party that you oppose to gain election victories, you vote for a third party candidate.  It happened with Ross Perot.  Clinton won.  It happened with Ralph Nadar. Bush won.  It happened with Ron Paul.  Obama won.

Vote for ELECTABLE pro-Second Amendment candidates from major parties that most closely adhere to your views.  If possible, vote GOP.  The party in power controls the political process.  Voting third party throws your vote away.  As if we needed another reminder!

Def Mech

This equivocation by Judge Sotomayor is not surprising, given that she was nominated to the Supreme Court by Barack Obama, who has made numerous appointments of persons hostile to the Second Amendment, e.g., Biden, Emmanuel, Clinton, Sebilius, and Napolitano, to name a few.  (If you are a gun owner who voted for Obama, curse yourself and send a large contribution to a pro-gun organization.  Think of your donation as compensatory damages for a really dumb vote.)

If you have not already done so, please call your US Senators and ask them to oppose Judge Sotomayor’s nomination to the highest court in the land.  She will almost undoubtedly be confirmed over our objections, but we can at least let the Senate know that Americans are watching their actions and will hold them accountable during the next election and beyond.  (See my post, “Obama picks anti-gun Supreme Court nominee,” 05-28-09, tagged, “Sotomayor.”) 

Def Mech

I’m not an attorney, but some people who are, take issue with the Seventh Circuit’s virtual dismissal of the “Due Process” Clause in the Fourteenth Amendment.  Constitutional scholar Eugene Volokh offers his opinion here.

For me, personally, as a non-lawyer, there are several quotations that bear strongly on the argument.  The first is from William Rawle, who was appointed U.S. Attorney for Pennsylvania by George Washington.  Rawle reportedly turned down Washington’s offer to name him Attorney General of the U.S.  In writing about the Second Amendment, Rawle asserted:

“The prohibition is general.  No clause in the Constitution could by any rule of construction be conceived to give to congress a power to disarm the people.  Such a flagitious attempt could only be made under some general pretence by a state legislature.  But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.”

In the Supreme Court Decision, Presser v. State of Illinois, 116 U.S.253 (1886), the court cited U.S. v. Cruikshank, 92 U.S. 542.  The Cruikshank opinion said that, “the right of the people to keep and bear arms ‘is not a right granted by the constitution.  Neither is it in any manner dependent upon that instrument for its existence.  The second amendment declares that it shall not be infringed, but this, as has been seen, means no more than that it shall not be infringed by congress…”

Eugene Volokh points out in the above citation that 19^th Century cases do not cover arguments relating to the Due Process Clause of the Fourteenth Amendment.  Due Process arguments are precisely those arguments that were later used to incorporate other amendments against the states, in many cases involving civil rights for Blacks.  Cruikshank also states that the right to keep and bear arms is independent of the Bill of Rights.  As such, in my opinion, it must be counted among the natural rights of free individuals.  The Seventh Circuit, in a truly amazing and terrifying hypothetical, postulates that even the right to self-defense could be “legally” criminalized.  See David Codrea’s post here.

Presser goes on to say: “It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government.”

It would appear from this long statement that the Supreme Court in Presser made the critical distinction between the right of the people to keep and bear arms and the power of the states to raise and regulate militias.  The much more recent Heller Decision should have driven a final stake through the heart of the “Collectivist Right” argument.

Since the “Commerce Clause” has been used by the Federal Government to impose so many restrictions on state sovereignty, it would be interesting to see if this so-called “Elastic Clause” could be used to impose Second Amendment guarantees of freedom upon recalcitrant state governments.  (Just a thought.)

We can expect opponents of the individual right to armed self-defense from crime, tyranny, and genocide to grasp at every legal straw in their efforts to disarm the American People.  The Collectivist Argument is hopefully dead forever.  Now we will continue to fight the battle for freedom at both the state and federal levels.

Colorado and a number of other states have in their own constitutions an articulation of the right of the people to keep and bear arms.  This will help.  However, as I have said before, we can not rely upon the provisions of the law alone.  (See my Post, “S. 843-Gun registration bill threatens your rights,” April 27th, 2009, Category: “Registration.”)

We must make the political price of infringement of the Second Amendment so prohibitively high that, to paraphrase Patrick Henry, no one will dare approach the “jewel” of the public liberty with anything but reverence.  Eternal vigilance!

Def Mech

Def Mech

The problem with registration is that it is often a necessary prelude to gun confiscation.  In 1938, the Nazis used Weimar Republic gun registration records to disarm Jews. ( See Dr. Stephen Halbrook’s scholarly article, here.) 

In England, Australia, New York, and California, registration records have been used to punish law-abiding gun owners by the “legal” theft of their firearms.  (See my posts under the Category: “Registration.”

In 1975, Charles Morgan, Director of the Washington, D. C. Office of the American Civil Liberties Union, said in a hearing before the House Subcommittee on Crime, “I have not one doubt, even if I am in agreement with the National Rifle Association, that that kind of record keeping procedure (gun registration) is the first step to eventual confiscation under one administration or another.”  Now comes anti-gun Senator Lautenberg to offer up American gun owners as sacrifices on the altar of Left-wing Socialism.  It’s a short step from registration of gun show sales to a ban on all private sales of firearms.

Please tell all your friends who own guns to oppose this dangerous bill and contact your senators and representatives and ask them to oppose it.  We must politely advise the Democrats in Congress that gun registration is as unacceptable to 80,000,000 American gun owners as the outright banning of certain classes of firearms.  We must make the Democratic Leadership understand that their dramatic congressional losses of 1994 will be repeated in 2010, if they further infringe America’s birthright of freedom recognized by the Second Amendment.

The Constitution may not protect us.  See here  Dr. Eugene Volokh’s opinions regarding the probable constitutionality of waiting periods,  taxes, fees, registration and licensing with regard to guns.  It is up to us to exercise our right to free speech and beat back this serious national challenge to our right to armed self-defense against, crime, tyranny and genocide.

“Find out just what people will submit to, and you have found out the exact amount of injustice and wrong which will be imposed upon them…  The limits of tyrants are prescribed by the endurance of those who they oppress.”  (Fredrick Douglass, famous abolitionist, author, speaker, U.S. Marshal, son of a slave.)

We must first warn the Democrats and then make them pay a terrible political price for every infraction, no matter how small, of our natural, fundamental  right to firearms’ ownership.

Def Mech

Steve Schreiner is the President of the Firearms Coalition of Colorado and is the only full-time lobbyist at the state capitol on gun-rights issues.  Steve played a huge role in blocking many anti-gun bills in the legislature.  He was a key player in Colorado’s CCW Law and in Statewide preemption of strict local gun ordinances.  Under Steve’s leadership, the Firearms Coalition of Colorado received the NRA Grassroots Organization of the Year Award.  Steve attends every major gun show in Colorado and supervises the distribution of pro-gun rights literature.

He is not afraid to get his hands dirty in defense of your Second Amendment rights.  He develops pro-gun handouts on both state and federal issues and passes them out, himself, at gun shows and other venues, when other volunteers are not available.

Steve has been endorsed by the 800-member Golden Gun Club and Robert K. Brown, Editor of Soldier of Fortune Magazine.  Steve is a tireless campaigner for gun rights and has been a strong addition to the NRA Board during his short tenure.

Steve is a current member by appointment to the NRA Board.  He needs your vote to win a regular seat.  It is well worth your time and expense to support Steve Schreiner for the board.  Remember!  Fed Ex is the only way to insure that the ballot reaches the NRA by the April 26th deadline.  Do it now!

Def Mech

Imagine voting in a general election with someone looking over your shoulder to see how you vote!  Imagine that person telling your friends and neighbors how you voted!  Imagine that person having the power to subject you to intimidation and discrimination at your workplace!  These are the “benefits” of the so-called “Free Choice Act.”  This is the “Card Check” system that the union bosses want to use to take over American businesses and government agencies.

Why do I care?  Union support helped put the most anti-individual gun rights administration in the history of the country into office.  Now they want payback.  Read The Shadow Partyby Horowitz and Poe to look at the coalition of top-down, billionaire-funded, interlocking, anti- gun organizations behind Obama.  Check out discoverthenetworks.org.  The site still doesn’t have a category for anti-Second Amendment organizations, but virtually all of the groups mentioned toe the Hard Left anti-gun rights line.

“Understand,” as “The Chosen One” is fond of saying.  The Left Wing of the Democrat Party favors “Card Checks,” the “Fairness Doctrine,” “Localism,” Super Delegates, and any other means they can use to gain power for their movement to gain control of every aspect of your life.  (See my posts under the Categories: “Elections,” Unions,” “Culture War,” and “Politics.”)

If we allow the unions to take away the right of the secret ballot in union elections, will we fight to keep the ballot secret in general elections?

Def Mech

Vice President-Biden-Proudly admitted that he helped create the first semi-automatic firearms ban.

Secretary of State-Clinton-Her husband’s administration passed the first national semi-automatic firearms ban in the early 1990’s.

Attorney General Holder-former lieutenant of Janet Reno of the Ruby Ridge, Waco, Elian Gonzalez, and Oklahoma City Bombing controversies.  Holder recently called for a renewal of the Clinton semi-auto ban.

Chief of Staff-Emanuel-Worked on the Brady Bill and supported an amicus brief  in the Heller Case to the effect that the Second Amendment does not recognize an individual right. 

Secretary of Education-Duncan-Anti-gun Superintendent of Chicago’s Public School System.  “This is a public health epidemic.  We are struggling to find the cure…we know the cure…getting rid of guns.”  (Chicago Tribune, Oct 14th, 2008, reported in NRA’s America’s First Freedom, April 2009, Page 34.)

Health and Human Services-Sebelius-Anti-gun Governor of Kansas, who vetoed concealed carry legislation on two occasions.

Drug Czar-Kerlikowske-Seattle Chief of Police, who supported ending private sales at gun shows and banning semi-automatic firearms.

Back door attacks on the Second Amendment:

It has been confirmed by numerous sources that the Obama Department of Defense directive that mandated the mutilation of all surplus military brass (fired cartridge cases) was real!  As mentioned in my post, “Reports of military brass destruction could be bad news for reloaders and shooters,” this act would have driven some ammunition suppliers out of business and driven up the cost of all ammunition.  It would also have burdened taxpayers, because of expenses associated with the “demilitarization” of the cartridges and the reduced value of the mutilated brass on the American market.  (See the post under the Category: “Ammunition.”) 

UPDATE: Following a well done expression of displeasure from Senators from Montana, an Obama DOD supervisor has fallen on his sword (taken the blame) for this blunder.  The policy has been rescinded.  We will probably never know if this was a trial balloon floated by the administration to make sure that we were awake, or if it was the brainchild of a mid-level bureaucrat out to get brownie points.

A Fort Campbell, Kentucky soldier has reported that he has been ordered to give the U.S. Army information on all his privately owned firearms and concealed carry permits.  See my last post, “Soldier reports Army wants to register his private firearms.”  (Category: “Culture War.”)  Is this an isolated incident or a symptom of a larger problem?

Front Door Attack: 

Former Black Panther Bobby Rush, (D) Illinois, has introduced HR 45.  This is a draconian bill that registers owners of handguns and semi-autos and effectively  kills hunting and the shooting sports by denying possession of any firearm to persons under the age of 18.  This bill may allow the BATFE to inspect your private home to be sure that your guns are “safely” stored.  This bill has reportedly picked up a co-sponsor.  

While conventional wisdom says that HR 45 is too extreme to go anywhere, it could be the starting point that leads to additional infringements of our Second Amendment rights.  In any case, we have to keep a close eye on this beast and try to smother it, before it gets out of hand.  (See my posts on HR 45 under the Category: “Registration.”)

Latest Back Door Attack: 

The Washington Times reported in an editorial on 03-17-09 that the Obama Administration is trying to kill the federal firearms program that allows specially trained pilots of commercial aircraft to carry handguns on flights.  This program, which is designed to allow pilots to mount a last ditch defense of their planes in the event of a hijacking, has had “administrative” problems with less than one percent of the pilots involved.

Now, the Obama Administration has apparently slowed the approval process under the program and diverted two million dollars from the training budget to the employment of more “supervisory staff.”  This is all the more incomprehensible, because, as the article reports, around 70% of commercial pilots have a military background, and hence some familiarity with firearms.

If you own a gun and voted for Obama/Biden, do something not dangerously painful to your body, take at least one class on logical thinking and problem solving, and vow never to make that mistake again.  For everyone who loves freedom and supports the rights of American Citizens to armed self-defense against crime, tyranny, and genocide, contact your elected representatives and let them know that you are “bitter,” “clingy,” and, as the NRA so aptly recommends, that you “Vote Freedom First!”

Def Mech

Jews for the Preservation of Firearms Ownership has received similar information here.  I have not yet found other independent confirmation of this report.  Several Internet forums have conflicting opinions about the validity of this warning.

If this is true, this action will force some commercial reloading companies out of business and will certainly drive up the price of ammunition in an already tight market.  Military brass is used by commercial reloaders and sold to civilian target shooters, hunters and persons interested in self-defense.

If this is the Obama Administration’s way of “supporting” the Second Amendment, alert, intelligent Americans who believe in armed self-defense against crime, tyranny, and genocide were right to fear the election of the junior senator from Illinois.  Maybe this is just a rumor.  Maybe Joe (Biden) will be able to say, “It ain’t so.”)

Given Obama’s dismal record on guns and his appointment of anti-gun rights ideologues to cabinet posts, this would be a disgusting, but not unexpected development.  Stay tuned.  This report could be a flash in the pan or another step in a potentially really ugly chapter in American history.

Def Mech

Hunters and fishers are easy targets for fee increases, since they buy licenses for their activities.  Owners of larger boats, off road vehicles, and snowmobilers pay the search and rescue fees with their registrations.  State Park users, who buy Habitat Stamps, ”contribute” to the fund.  Hunters and fishers also automatically “contribute” to the Habitat Stamp Fund, since a Habitat Stamp comes with the hunting or fishing license.  (That’s another story.)

Hikers, backpackers,bird watchers, nature photographers, trail bikers, skiers, canoe users, kayak users and other unlicensed/unregistered,  non-consumptive outdoor folk benefit from search and rescue services and maintenance of wildlife habitat, but aren’t easily charged for their share of the costs, as long as they don’t use state parks.  Of course, non-consumptive users can voluntarily buy a Habitat Stamp and a Colorado Outdoor Recreation Search and Rescue(CORSAR) Card.  According to information provided at the last meeting of the Sportsman’s Caucus at the State Legislature, the voluntary response of non-consumptive users has been somewhat underwhelming, at least with regard to the Habitat Stamp.

Non-consumptive users and environmental groups are pushing for a larger voice in how public lands are administered in Colorado.  I believe ways need to be found to insure that they pay their fair share of the costs.  This process could be a proverbial double-edged sword, since getting the non-consumptive users to be “patriotic” and pay their way would probably involve more bureaucrats, red tape, and government control.  Imagine getting a license to take a hike along a green space trail close to your home. 

In the Orwellian world of the Left’s apparent determination to regulate everything, state hiking permits may not be far off.  I understand that reservations are already required in many national park campgrounds.  You already pay to drive into Colorado state parks.

In other news, Colorado’s Democrat Governor Ritter has apparently been forestalled, so far, in his drive to tax firearms’ background checks to the tune of an extra $15.00 above the current $10.00 fee.  The current fee goes to the dealer performing the check.

The $10.00 fee was part of a compromise struck as part of the passage of Amendment 22 that requires background checks at Colorado gun shows.  I believe any fee increase would be an extraordinary example of bad faith on the part of state government.

In addition to the bad faith issue, I believe that any tax on the exercise of a constitutional right is illegal.  The Supreme Court struck down poll taxes.  Someday, hopefully, the Court will strike down fees for background checks, if not the background checks, themselves. 

SB 170, the bill that grants in-state tuition to illegal aliens who graduate high school and “promise” to try to become citizens sailed through the Senate Education Committee this week on a party line vote.  It will go to the floor of the Senate without going through the Appropriations Committee.  (Go figure!)  As a Second Amendment advocate, I am concerned about this bill, because I see it as a blatant attempt by the Democrat Party to pander to illegal aliens and enroll them as citizens in a new voting bloc for, you guessed it, the Democrat Party.

Stay alert!  Eternal vigilance…

Def Mech