District of Columbia v. Heller

Five Lies The Gun Lobby Tells You

None of it is true…

Think Progress

America’s seems to be in for another debate over gun regulation after the slaughter at Sandy Hook Elementary School left 27 (mostly children) dead. So it’s worth reviewing five made against regulating gun ownership in the United States:

MYTH #1: More guns don’t lead to more murders. A survey by researchers at the Harvard University School of Public Health found strong statistical support for the idea that, even if you control for poverty levels, more people die from gun homicides in areas with higher rates of gun ownership. And despite what gun advocates say, countries like Israel and Switzerland don’t disprove the point.

MYTH #2: The Second Amendment prohibits strict gun control. While the Supreme Court ruled in D.C. v. Heller that bans on handgun ownership were unconstitutional, the ruling gives the state and federal governments a great deal of latitude to regulate that gun ownership as they choose. As the U.S. Second Court of Appeals put it in a recent ruling upholding a New York regulation, “The state’s ability to regulate firearms and, for that matter, conduct, is qualitatively different in public than in the home. Heller reinforces this view. In striking D.C.’s handgun ban, the Court stressed that banning usable handguns in the home is a ‘policy choice[]‘ that is ‘off the table,’ but that a variety of other regulatory options remain available, including categorical bans on firearm possession in certain public locations.”

MYTH #3: State-level gun controls haven’t worked. Scholars Richard Florida and Charlotta Mellander recently studied state-to-state variation in gun homicide levels. They found that “[f]irearm deaths are significantly lower in states with stricter gun control legislation.” This is backed up by research on local gun control efforts and cross-border gun violence.

MYTH #4: We only need better enforcement of the laws we have, not new laws. In fact, Congress has passed several laws that cripple the ability for current gun regulations to be enforced the way that they’re supposed to. According to researchers at the Johns Hopkins Center for Gun Policy and Research, a series of federal laws referred to as the Tiahrt amendments “limit public access to crime gun trace data, prohibit the use of gun trace data in hearings, pertaining to licensure of gun dealers and litigation against gun dealers, and restrict ATF’s authority to require gun dealers to conduct a physical inventory of their firearms.” Other federal laws “limited the ATF compliance inspections” and grant “broad protections from lawsuits against firearm manufacturers and retail sellers.”

MYTH #5: Sensible gun regulation is prohibitively unpopular. Not necessarily. As the New Republic’s Amy Sullivan reported after the series of mass shootings this summer, a majority of Americans would prefer both to enforce existing law more strictly and pass new regulations on guns when given the option to choose both rather than either/or. Specific gun regulations are also often more popular than the abstract idea.

Scalia Suggests ‘Hand-Held Rocket Launchers’ Are Protected Under Second Amendment

It’s time for wacky Supreme Court Justice Antonin Scalia to step down.  There is a possibility that the onset of dementia may have taken over his already depraved mind.

This is yet one more important reason to vote wisely.  Whichever candidate you choose to vote for, know that he will probably pick at least two SCOTUS candidates in the next four years.  In my opinion, the ideology of the candidates will reflect whether the Court will remain staunchly conservative or tip the scales to a more progressive Court.

Elections matter and they DO have consequences.

Think Progress

This morning on Fox News Sunday, Justice Antonin Scalia reiterated just how extremely his Constitutional originalism can be applied. Referring to the recent shooting in Aurora, CO, host Chris Wallace asked the Supreme Court Justice about gun control, and whether the Second Amendment allows for any limitations to gun rights. Scalia admitted there could be, such as “frighting” (carrying a big ax just to scare people), but they would still have to be determined with an 18th-Century perspective in mind. According to his originalism, if a weapon can be hand-held, though, it probably still falls under the right o “bear arms”:

WALLACE: What about… a weapon that can fire a hundred shots in a minute?

SCALIA: We’ll see. Obviously the Amendment does not apply to arms that cannot be hand-carried — it’s to keep and “bear,” so it doesn’t apply to cannons — but I suppose here are hand-held rocket launchers that can bring down airplanes, that will have to be decided.

WALLACE: How do you decide that if you’re a textualist?

SCALIA: Very carefully.

Watch it…

Scalia’s across-the-board defense of weapon-carrying laws is not new, having been at the heart of his majority opinion in District of Columbia v. Heller, which protected an individual’s right to possess firearms. However, his nonchalant suggestion that private citizens could legally carry rocket launchers so long as they’re “hand-held” suggests just how willing he is to protect an armed nation.

Such originalism is a dangerous distortion of 21st-Century reality. There is no conceivable way to apply the Founding Fathers’ understanding of a  ”well-regulated militia” armed with slow-to-load, hard-to-aim muskets to today’s weapon technology. Arguably, the full extent of alleged gunman James Holmes’ munitions could have easily decimated an entire brigade of musketeers before they’d even loaded their first ball.

Insurrectionism Timeline

Coalition to Stop Gun Violence

Image via Wikipedia

This is a timeline of events involving guns from June 26, 2008 to January 8, 2011.   Note the increase appears to coincide with the ascension of Barack Obama’s candidacy…

The Coalition to Stop Gun Violence (CSGV)

On June 26, 2008, the U.S. Supreme Court embraced the National Rifle Association’s contention that the Second Amendment provides individuals with the right to take violent action against our government should it become “tyrannical.” The following timeline catalogues incidents of insurrectionist violence (or the promotion of such violence) that have occurred since that decision was issued:

June 26, 2008—The case of District of Columbia v. Heller is decided by the Supreme Court in a 5-4 ruling. The opinion not only endorses the National Rifle Association’s “individual right” interpretation of the Second Amendment; it also affirms that one of the purposes of the right is to “assure the existence of a “citizens’ militia” as a safeguard against tyranny.” The NRA’s amicus brief in the case had argued that “the Second Amendment refers to the utility of an armed population in preventing government tyranny.”

July 27, 2008—Jim Adkisson shoots and kills two people at a progressive church in Knoxville, Tennessee, wounding two. Adkisson calls it “a symbolic killing” because he really “wanted to kill…every Democrat in the Senate & House, the 100 people in Bernard Goldberg’s book,” but was unable to gain access to them.

September 18, 2008—Dick Heller, the plaintiff from the case of District of Columbia v. Heller, provides testimony to the D.C. Council regarding firearm-related legislation. Heller’s written, submitted testimony states, in part: “‘We the people,’ armed, are TRULY what the Writers of the Constitution intended for us to be in Art. 1, Sec. 8, para. 15, and that is the CITIZEN MILITIA. If suicide terrorists DO attact our city, ARMED CITIZENS could be the First to counter these hostilities in our individual neighborhoods.”

September 22, 2008—The National Rifle Association launches its GunBanObama website, which predicts that Democratic presidential candidate Barack Obama, “if elected…would be the most anti-gun president in American history.” The website is part of a $15 million NRA campaign to discredit Obama.

December 9, 2008—FBI teams investigating the murder of white supremacist James Cumming, 29, a resident of Belfast, Maine, find supplies for a crude radiological dispersal dervice and other explosives in his home. Cumming’s wife, who shot him to death after being abused by him repeatedly, explains, “His intentions were to construct a dirty bomb and take it to Washington to kill President Obama. He was planning to hide it in the undercarriage of our moter home.”

February 5, 2009—FOX commentator Glenn Beck hosts an hour-long special on Fox called “We Surround Them,” a “grassroots effort to wake up our Nation’s leaders and let them know what many, if not most, Americans truly believe in and stand for.”

February 20, 2009—FOX commentator Glenn Beck hosts a program that games a 2014 civil war scenario called “The Bubba Effect.” It involves citizen militias in the South and West taking up arms against the U.S. government.

March 3, 2009— FOX commentator Glenn Beck interviews NRA celebrity spokesman Chuck Norris. During the interview, Beck states that, “Somebody asked me this morning, they said, ‘you really believe that there’s going to be trouble in the future?’ And I said, ‘if this country starts to spiral out of control and, you know, and Mexico melts down or whatever, if it really starts to spiral out of control, before America allows a country to become a totalitarian country … Americans will, they just, they won’t stand for it. There will be parts of the country that will rise up.’ And they said, ‘where’s that going to come from?’ And I said, ‘Texas, it’s going to come from Texas.’”

March 9, 2009—NRA celebrity spokesman Chuck Norris writes in an editorial published at WorldNetDaily:  “How much more will Americans take? When will enough be enough? And, when that time comes, will our leaders finally listen or will history need to record a second American Revolution?

March 11, 2009—NRA CEO Wayne LaPierre speaks at the 2009 Conservative Political Action Conference and announces that “Our Founding Fathers understood that the guys with the guns make the rules.”

March 21-22, 2009—Congresswoman Michele Bachmann (R-MN) states that she wants residents of her state to be “armed and dangerous on this issue of the energy tax because we need to fight back. Thomas Jefferson told us ‘having a revolution every now and then is a good thing,’ and the people—we the people—are going to have to fight back hard if we’re not going to lose our country.”

Continue reading here….