Posted by
John Longenecker on Monday, March 10, 2008 11:40:20 AM
Encouraging Those Non-Gun Owners Voting For Concealed Carry. . . And With Heartfelt Thanks.
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A great deal of ink and disc space are being given to officials who are supporting individual concealed carry of handguns. A big pat on the back to them for their courage as much as their conscience, I know it's not easy... Until they discover, if they haven't already, two things: the support of their constituents, which had been silenced and punished a great deal but ever-present, and the pure correctness of the measures they supported.
. Reports from around the country are showing how college campuses are examining student concealed carry. Students For Concealed Carry On Campus (SCCC) has been most successful in bringing the issue to public attention and in getting favorable results. The best to them and their supporters.
. States are voting for The Castle Doctrine. State Legislatures are also voting to blow off the National ID Card, another interference with liberty as profound as gun control policy. Mercy, are there twenty Castle Doctrine states now??
. There is a widespread increase in random shootings. These increases are very suspicious as the hearing date of D.C. v. Heller draws near, this March 18th. But then, this is common; as increasing anti-gun legislation or an interesting gun case surfaces, large or small, there are increased reports of shootings, or haven't you noticed? It's interesting to look back and note that the dire forecasts of the anti-gun movement – blood in the streets, aircraft shot down, lover shootings and more – did not appear in the decades passed as forecast, but they sure do show up before high-profile gun cases.
. The Microstamping technology is becoming a scandal for its sole-source interest and heavy-handed, arm-twisting push, and a recent finding of experts casts a pall on the technology itself as simply not being ready for prime time as touted. [Internet Search Term Report advises against new national database of ballistic images]
. 31 Attorneys General have filed Amicus Briefs with the Supreme Court against D.C.’s gun ban. More than forty states affirm concealed carry and have not regretted it. More than 2 Million adults carry concealed weapons.
. More general attention is coming to the issue of concealed carry as being more in the public interest than gun bans have proven to be, certaintly, and persons and groups never before concerned with handguns and who had remained patient are coming forward on the issue not on guns, but as heads of household concerned with armed self-defense at home and away from home as they make the connection of how gun ban policy begins to affect non-gun owners.
The issue is not Guns, but infringement of Citizen Authority and oversight guaranteed by the Bill Of Rights and the lethal force which backs that authority. The question is not subject to any decision as an issue might ordinarily be; the subject is rooted in the framing-era intent of the Founders in foreseeing this very taking in 2008 and eliminating the folly of it all, that is, having dealt with it and making their intent known.
In foreseeing abuses of power in the future of the United States, and to forbid such abuses of power [as in the banning of personal weapons], the Founders of the framing-era declared the Citizen to be the Sovereign and not the government, which includes all anti-violence activists and officials in D.C., for instance. The language of this concept described the Citizen as Supreme Authority with oversight, the ultimate legislators of the nation, and other expressions of Original Intent, and exactly why it must be so, and guarantee only a bundle of rights to citizens with great limits placed on officials throughout the Constitution. The prime apprehension was public service abuse of power against the individual in his/her own nation of self-rule as D.C.’s gun ban is today.
When it came to the Second Amendment, then, the framing-era intent was more about governance than guns, and was concerned with abuse of power in that governance, so the framing-era thinking in declaring Citizen as Supreme Authority was to guarantee the Citizen a singular lethal force to back our authority (especially against political boondoggles, opinion and majority sway as so-called anti-crime policies are), and is it this lethal force backing citizen authority against frauds which shall not be infringed. Any regulation whatsoever is a move against the force backing sovereign authority of this nation, the Citizen. (Furthermore, we know the Militia of the time was the everyman, not Military, since the Founders loathed a standing army as a return to a centralization of power, and since the concept of National Guard did not even come into existence for another 130 years following signing of the Constitution.)
In 2008 and beyond, no legal brief can disarm the supreme authority of this country. Gun bans are against the law. There is no such thing as sensible gun laws any more than there could be a sensible ownership of another human being for the sake of the same argument: safe streets.
2A is absolute, and beyond the reach of officials, beyond the reach of due process short of another Amendment. Officials simply have no such authority to regulate guns, because the Citizen is the Sovereign and in supreme authority at that.
If you're watching D.C. v. Heller calendared before the Supreme Court for March 18th, then note these dicta in an earlier First Amendment case:
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials.... fundamental rights may not be submitted to vote; they depend on the outcome of no elections."
— Justice Jackson, United States Supreme Court in West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)
The First Amendment (as in Barnette) is not absolute – one may not lie under oath and claim freedom of speech, one may not falsely advertise, defame another or commit mail fraud and hide behind 1A. It can be regulated and in some cases it cannot.
But the Second Amendment is absolute and cannot be regulated legally, because its anywhere-anytime lethal force backs citizen authority always, not only in meeting crime in armed self-defense, but by dint of this authority it impeaches the very need for silly, ineffectual demagogic, anti-crime policies which propound to assume this personal burden in a wrongful substitution of authority.
Does a gun ban improve the individual’s safety and thereby community safety, or is it an abuse of power foreseen by the Founders to be likely in any era, any generation to make individuals dependent on officials?
Citizen as supreme authority with the lethal force to back it is that framing-era foresight, and it is good for the country, always.
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Longenecker is author of The Case For Nationwide Concealed Carry Of Handguns, available Worldwide. His website is www.GoodForTheCountry.com