Posted by
Woodenblog on Tuesday, October 25, 2011 12:11:41 PM
Burqa wearing gun owners
There was a time in America where it
was a privilege, an honor, and the law that one must, to be able to
rightfully carry your weapon of choice out in the open, or concealed,
however one wished, and without government interference, without the
need for permits, submission to authority for licenses, etc. At one
time our Second Amendment covered every citizen, and government
protected the rights of the individual. That time has long passed.
Since the Progressive movement, and even prior. States, like
Tennessee, tried to outlaw the carry of firearms in the 1830's, but
state courts rejected the law, and overturned it, based on Second
Amendment criteria (“...shall not be infringed”). Even Justice
Story, on his treatise on the Constitution, was noted to have written
that should any attempt be made against the amendment it would be at
the state level, but that if such an attempt were made, that the
“Second Amendment” would prevent its being constitutional.
Once relegated (in vogue in western
territories before they became states) to the outlaw west, the
authority to do this was never considered correct within the United
States proper. That is, until the period of Prohibition when running
booze became a full time, gangster style job. Prior to that names
like Dillinger, and 'Baby Face” Nelson, the James Boys, Ma Barker &
her boys, and other bank robbers ran around taking money which the
Federal Treasury properly considered within their purview. The Tax
man, and revenuers, too became legendary in song, and movie.
In the early 1900's, Timothy Sullivan
and the gang at Tammany Hall, the corruption involved, the desire to
attain, and hold power, the state of NY determined that due to the
rise of murders in NY City that a law needed to be on the books to
stop the criminal activity, much of it sponsored by the criminal
gangs, many of those run by Tammany Hall itself. Tim Sullivan was a
man of ill repute, noted in the Movie “Gangs of New York.” The
extent of the corruption was widespread, and the organization was
under constant scrutiny, and investigation. The fact is, Tammany Hall
was a corrupt political organization as many came to learn, and as
many within the system knew at the time. The problem was the power
the organization wielded, a power they were reluctant to relinquish
to the people, especially the many of “we, the people” being
'undesirables', many illegal aliens, many legal aliens, but thought
unequal to those Americans already here who had for generation eked
an existence out of the woods, and cities of the new world.
As many states came to realize that
their political power could be gained at the behest of the masses by
staunching the corruption, and illegality, by keeping the people, in
other words, “safe” from the criminal element they found these
masses more willing to submit to laws which would stifle their
rights. As the educational system devolved to our current 'socialist'
public education system, as the criteria to be taught was changed, as
the educational processes assumed that propaganda would be better
than actual teaching of history, the constitution, the beginnings of
our country, and why these then created a capitalist system with a
rule of law, all law answering to the constitutionality by the
court(s). Whatever happened to these concepts? The people were
mis-educated, fed a line of BS for so long that today we don't
question our masters, but instead simply kowtow to them. When did the
change occur that presumed in a whole people's mind that government
was the be all and end all, whereas individual thought, innovation,
creativity, responsibility, and individual rights could be trampled
upon for the new ideology of the 'common good', the new math, the new
world order? How did 'the common good' devolve from “limited
government” into 'all encompassing' government?
History relates that it started after
the Civil War (War Between the States, or War of Northern Aggression,
depending on where you live and your ideology). I tend to believe
that the states could not only decide to join the union, but given
the Declaration of Independence's assumption that one could decide to
throw off any government, and design one to fit the needs of the
people whom it represented; that secession was legal, justified, and
constitutional.
During this after war period, the
states often passed laws (Jim Crow) to prevent former slaves from
owning, or bearing arms. This, of course, depended on these who were
prohibited abiding by the law. As we know, some did not, and those
who did often ended up at the end of a noose, put there by white
sheeted, and hooded, thugs of the KKK. In essence, the war for
liberation (meaning constitutional rights applied to all equally)of
the black populace lasted much longer than the Civil War did, by
decades. In the 1950's, and 1960's, the Civil Rights movement took
off. Prior to this Amendment's 13, 14, and 15, were adopted to try to
bring all states into compliance with equality under the law; in
essence, true equal justice. However, nowhere was justice ever
admittedly equal. Equality can only come from “rule of law,” and
adherence to the principle(s) of the law, the primary law in our
country being the constitution.
In 1934, FDR passed the first Federal
Firearms Act. It disparaged the ownership of the first “Weapons of
Mass Destruction,” fully automatic rifles (military assault
rifles), and sawed off shotguns, and rifles. Alo0ng with these, the
ownership of silencers was also prohibited. That the law was wholly
unjustified given that weapons of this type were seldom used, or
owned, by the general population, given that the majority of these
weapons used were by notorious gangsters, and thugs, the
non-necessity of the law couldn't be any more apparent. That one
could own these if they applied to the FBI for a permit to do such,
that said permit was, in essence, unconstitutional (see the meaning
of 'infringed'; 'encroach,' and 'hinder,' among other definitions of
infringe).
The Miller decision stated that
American citizens could only own those weapons pertinent to
militia/military use, but our military had used both shotguns, and
full automatic weapons in WWI, which ended a full 16 years before
passage of the Federal Firearms Act of 1934. The supposition was that
such prohibitive laws would make it so costly to own these weapons
that only outlaws would own them. At the time, a permit to own such
was $200. During the Depression, when most worked for $1 a day, or
less, this was cost prohibitive to the general person. This didn't
include the cost of attaining the weapon, keeping it in good working
order, or supplying it with ammunition. A cheaper alternative ewas
the sawed off rifle, capable of being carried discretely (concealed)
where ownership of pistols was now under “permit” systems.
Let me first off note here that in the
Shuttlesworth v. City of Birmingham decision (1969), the courts
declared that permits for rights were unconstitutional. They quoted
the SCOTUS decision of Staub v. Baxley, which decried permits for
sales within various districts. There was also a decision about
permits being needed to solicit for churches proselytizing door to
door. In Shuttlesworth, quoting from Staub, the justices noted that
permits for rights were “unconstitutional censorships, or prior
restraints” on the individual. As such, anyone faced with such a
licensing law “may ignore it, and engage with impunity in the
(right) for which the law required a license (permit).” One of our
Supreme Court justices, Justice Ruth Bader-Ginsburg, during the
Heller decision, asked complainant Heller if he would be acceptable
of a permit system in D.C. I had written seven of the 9 justices,
RB-G excluded, asking that when they considered the Heller decision
that they also announce that not only was “the right to keep and
bear arms” and individual right, but also that it was not to be
infringed, as the amendment notes. I sent them the information on the
Shuttlesworth decision, and asked that the two justices not written
to be filled in by the other seven. As we can see, these justices,
all 9 of them, didn't follow past precedent in this case, and instead
opted for a watered down version of the Second Amendment more
consistent with current ideology, and inconsistent with our
Constitution's plain language; “...the right of the people to keep
and bear arms shall not be infringed.” With what part of this
didn't the dissenters concur? Were they using their perceived agenda
to create a constitutional crisis? Why did a recent decision in
regards the Permit system be turned away by the SCOTUS? We can only
surmise that they have done so in an effort to put off the rights of
the people to keep and bear arms. To what end? Do all those in power
believe that our constitution needs revision, and if so, why are they
unwilling to do it by the process inclusive to it; amendment? Worse,
since even the left today considers “past precedent” so vital in
being maintained, given the erroneous decision in Roe v Wade, why
would they skip over Staub/Shuttlesworth? After all, it is a “Civil
Rights” decision, and all of our rights are civil rights as Abraham
Lincoln so aptly made known when he stated our constitution was a
“Civil” document.
So, why is it that we have to “conceal”
our firearms when we carry? It is very similar to those in Islam who
make note that women must be covered head to toe by a burqa. Are
firearms so enticing that more people would carry if they knew it was
not only possible, but our God given, constitutionally guaranteed
right? And, if it is a constitutionally guaranteed right, why haven't
our past presidents taken states to court to get laws which are
passed by them which”infringe” the right, and have them
overturned? Isn't that their job?
I'm sick of being relegated to being
someone who must hide my belief in my constitution. I am sick of
being bullied by the media, the police, the government at all levels
because I desire, and do, carry a weapon on myself at all times. I am
tired of trying to keep it hidden, and should it poke out for some
reason being prodded by local para-militarists with guns drawn as if
I am some kind of human scum, the lowest of the low, for merely
exercising my right as an American citizen? Why is my life
jeopardized because I wish to be equal to a para-militarist (local
law enforcement)? It seems incongruous with our rights, yet it is
happening throughout the United States. Are we now Mexico, Canada,
Britain, Australia, or New Zealand? Why is it a law abiding citizen
who has a permit is subjected to guns drawn, in your face,
confrontation by these para-militarists? And, what right do they have
to do so given that the state allows my right to be turned into a
privilege, and at my behest, when I comply with their inane,
ridiculous, unconstitutional permit system laws?
I'm tired of, in essence, having to
wear a burqa over my weapons in public, because I appreciate, and
exercise, my right (not state sponsored privilege) to keep and bear
arms.