Wednesday, January 29, 2014

A couple of Supreme Court Justices on the Second Amendment

Let's start with Chief Justice Warren Burger, a Conservative who was Chief Justice from 1969 to 1986:

Of course, that was before the term "conservative" came to have the meaning along the lines of being out of touch with reality or some kind of idiot in US English.

Next, we have another long sitting Justice, William O. Douglas, who was on the court for 36 years and 209 days (1939–75) which is the longest tenure in the history of the Supreme Court.  He was on the court at the time US v. Miller was decided, but was not part of the panel that heard the case.

The quote is from Adams v. Williams, 407 U.S 143, 150 -51 (1972)



Time magazine called Douglas "the most doctrinaire and committed civil libertarian ever to sit on the court".  Don't you think that such a person would come out for "gun rights" if such a concept actually existed?

Additionally, wouldn't his being on the Court when Miller was decided give him some sort of insight into the meaning of the decision?

And let's not forget the reference to Aymette v. State, 2 Humphreys 154 (Tenn. 1840) in Miller.  Aymetter says:

     In the former part of this opinion we have recurred to the
circumstances under which a similar provision was adopted in
England, and have thence deduced the reason of its adoption, and
consequently have seen the object in view when the right to keep
and bear arms was secured.  All these considerations are left out
of view in the case referred to, and the court confine themselves
entirely to the consideration of the distinction between a law
prohibiting the right, and a law merely regulating the manner in
which arms may be worn.  They say there can be no difference
between a law prohibiting the wearing concealed weapons and one
prohibiting the wearing them openly.

     We think there is a manifest distinction.  In the nature of
things, if they were not allowed to bear arms openly, they could
not bear them in their defence of the state at all.  To bear arms
in defence of the state is to employ them in war, as arms are
usually employed by civilized nations.  The arms, consisting of
swords, muskets, rifles, etc., must necessarily be borne openly; so
that a prohibition to bear them openly would be a denial of the
right altogether.  And, as in their constitution the right to bear
arms in defence of themselves is coupled with the right to bear
them in defence of the state, we must understand the expressions as
meaning the same thing, and as relating to public, and not private,
to the common, and not the individual, defence.

     But a prohibition to wear a spear concealed in a cane would in
no degree circumscribe the right to bear arms in the defence of the
state; for this weapon could in no degree contribute to its
defence, and would be worse than useless in an army.  And, if, as
is above suggested, the wearing arms in defence of the citizens is
taken to mean the common defence, the same observations apply.

     To make this view of the case still more clear, we may remark
that the phrase, "bear arms," is used in the Kentucky constitution
as well as in our own, and implies, as has already been suggested,
their military use. The 28th section of our bill of rights provides 
"that no citizen of this state shall be compelled to bear arms
provided he will pay in equivalent, to be ascertained by law." Here
we know that the phrase has a military sense, and no other; and we
must infer that it is used in the same sense in the 26th section,
which secures to the citizen the right to bear arms.  A man in the
pursuit of deer, elk, and buffaloes might carry his rifle every day
for forty years, and yet it would never be said of him that he had
borne arms; much less could it be said that a private citizen bears
arms because he has a dirk or pistol concealed under his clothes,
or a spear in a cane.  So that, with deference, we think the
argument of the court in the case referred to, even upon the
question it has debated, is defective and inconclusive.

Let's face it, the facts are "anti-gun"--no matter how much you don't want them to be.

As I like to say, gunloon arguments don;t stand any serious scrutiny, which is why I usually try to give citations (unless it's something uncitable like a meme).  In this case, it's a map of the research published in the Journal of the American Medical Association (JAMA):



The map was part of a scholarly study by researchers from Boston Children's Hospital that was  published this March in JAMA Internal Medicine: The abstract is found here.  The study found that States with more gun regulations had lower rates of gun deaths, and states with less gun laws had higher gun death rates, both in terms of suicide and homicide.While direct causation could not be determined, but at the very least, such a strong correlation should make it clear that existing public policy in many states with lax gun laws comes at a high price in terms of public detriment.

That is not a unique finding as the Center for American Progress released another study in April that pretty much said the same thing, and that showed that 10 states with the weakest gun laws had over twice the rate of gun violence as the 10 states with the strongest gun laws. Also, in 2011, a writer for The Atlantic found, with the help of a colleague, that the presence of gun laws in states had a strong correlation with less gun violence.

Of course, I have pointed out that this anti-gun bias has led to Federal funds being denied to similar research projects because such studies "may be used to advocate or promote gun control".  Why withhold funding if there wasn't such an overwhelming prospect that the facts are against you?

Iowa Concealed Carry Permit Holder to Face Charges for Negligent Discharge on School Property

A Glenwood man who accidentally shot himself on a school playground late last week now faces charges.
The Mills County Attorney's Office says Douglas Trent Good has been charged with carrying weapons on school grounds, a class D felony punishable by up to five years in prison or a fine of $750 to $7,500. Authorities say Good accidentally shot himself in the leg at Glenwood West Elementary School's playground pickup area late Friday afternoon. Good was reportedly sitting in his vehicle when the gun accidentally discharged.
A former police officer in Glenwood, Creston, and Bellevue, Good currently works as a firearms trainer, and runs his own private investigating business, specializing in divorce and child custody cases. Good ran an unsuccessful campaign for Glenwood mayor last fall, losing to incumbent Kim Clark in November.


Derek Carlile May Get His Job Back


Derek Carlile

A former Marysville police officer, who was fired last year after his 3-year-old son fatally shot his 7-year-old sister with the officer’s handgun, may get his job back.
An arbitrator this week determined that the city should rehire Officer Derek Carlile, 32, 0f Camano Island, according to his former lawyer, David Allen. Carlile was fired in May following an internal investigation into the March 2012 shooting that left his daughter, Jenna, dead.
The city indicated Carlile would be reinstated. “The City is prepared to carry out the arbitrator’s ruling and bring him back to a Police Officer position in the Marysville Police Department,” the city said in a statement.
It wasn’t immediately known whether Carlile would return to the department.
According to Snohomish County prosecutors, Carlile left his loaded .38-caliber revolver in the family’s van with their four children unattended while he and his wife stepped outside to chat with a friend in Stanwood. While the parents were out of the vehicle, the boy climbed out of his car seat, retrieved the gun and fired, killing the girl.
Prosecutors charged Carlile with manslaughter, saying he was criminally negligent for  leaving the gun where his son could reach it, but a jury was unable to reach a verdict. Prosecutors decided not to retry Carlile and asked a judge to dismiss the charge, saying they did not believe they would be able to find a jury that could reach a verdict.

Oklahoma State Senator Nathan Dahm Explains What a Militia Really Is

Florida Concealed Carry Permit Holder Demonstrates His Idiocy

Virginia State Police and Sheriffs Oppose Loosening Gun Laws

On a largely party-line 65-34 vote Monday, the House passed Del. Todd Gilbert’s bill (HB705) to make it easier for someone with an out-of-state concealed handgun permit to carry the weapon legally in Virginia.
On a nearly identical 64-32 vote last week, the House passed Del. Dave LaRock’s bill (HB878), which would force the chief law enforcement officer of a locality to certify the transfer of a firearm within 30 days when such a certification is required under federal law for the transaction to occur.
The State Police opposed both bills. The LaRock bill was also opposed by the Virginia Sheriffs Association.
“We continue to see more and more of this extreme legislation that goes far beyond Second Amendment protections,” House Democratic leader David Toscano of Charlottesville said in a statement after today’s vote.
Both measures now go to the state Senate, where their fate is uncertain.
I suppose the cops in Virginia didn't get the NRA talking-point memo.