Wednesday, August 6, 2014

Crooked Illinois Gun Dealer Busted

Local news reports

A southwest suburban gun dealer is facing federal charges after illegally selling several firearms, including to an undercover agent posing as a felon, according to federal prosecutors.

Patrick Sean Keiran, 40, is charged with four counts of selling firearms without recording the name, age and residence of the purchaser; selling firearms to an individual he had reason to believe was a convicted felon; and selling firearms to an individual who did not display a valid FOID card, according to a statement from the U.S. Attorney’s office.

According to prosecutors, in less than one month, Keiran illegally sold 11 firearms — eight 9mm handguns, two .22 caliber rifles, and a .38 caliber rifle. Keiran sold the weapons to an undercover agent posing as a felon, and to a felon cooperating with authorities.

Nevada Again Trying for Universal Background Checks

Las Vegas Sun

Backers of an initiative petition requiring background checks for gun purchases in Nevada won a court victory Friday and a spokesman said the group is ready to start gathering signatures.

District Judge James Wilson ordered a minor rewrite of the initiative, striking down most of the arguments of those who said the 200-word description of the petition was misleading.

Matt Griffin, attorney for Nevadans for Background Checks, said he was pleased with the decision, which will allow his clients to begin gathering the required 101,667 signatures to qualify the initiative.

Rew Goodenow, an attorney representing a pro-firearms group, said he did not think there would be an appeal to the Nevada Supreme Court at this stage but he wants to talk to his clients before deciding on future legal strategy.

The current law requires a person who buys a gun from a licensed seller to undergo a background check. The initiative would require a background check in purchases from an unlicensed dealer.
The petition says the law makes it easier for felons, domestic abusers and other dangerous persons to buy a weapon without a background check.

The background check would not be required in the transfer of firearms between family members, for those using the gun while hunting and trapping and who have valid licenses for this activity.

Great NRA Misquotations

Wayne LaPierre's miquotation of FDR's "the only thing we have to fear is fear itself" that he attributes to Winston Churchill, which makes it only more laughable...

if people were able to see beyond their fear and ignorance that what he is saying is obvious bullshit.



Here is the actual speech made by FDR (his first inaugural address):



This is a good analysis of the use of fear to manipulate people.  LaPierre wants people to be afraid since he knows scared people don't think very well. 

FDR, on the other hand, is making a speech of reassurance and hope.  FDR is trying to do the exact opposite of what LaPierre is doing (which probably would also be the case if Churchill had made such a speech--he would want people to be confident, not afraid).




The reality is that this is such blatantly obvious propaganda and fear mongering that this post should be unnecessary.

Unfortunately, it is necessary.

Propaganda is the use of emotions (in this case fear) to cause people to short circuit their intellect.

You're being played.

You would know that if you would sit back and use critical reasoning skills.

See also:

Patrick Henry's "That every man be armed."

This is the entire text of Patrick Henry's speech in context, but I will put US Constitution Article I, Section 8, Clause 16 as a reminder of what it says:
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
The Citation for Henry's speech is The Debates in the Several State Conventions on the Adoption of the Federal Constitution (3 Elliot's Debates 384-7), Virginia, Saturday, June 14, 1788.
Mr. HENRY. Mr. Chairman, in my judgment the friends of the opposition have to act cautiously. We must make a firm stand before we decide. I was heard to say, a few days ago, that the sword and purse were the two great instruments of government; and I professed great repugnance at parting with the purse, without any control, to the proposed system of government. And now, when we proceed in this formidable compact, and come to the national defence, the sword, I am persuaded we ought to be still more cautious and circumspect; for I feel still more reluctance to surrender this most valuable of rights.

As my worthy friend said, there is a positive partition of power between the two governments. To Congress is given the power of "arming, organizing, and disciplining the militia, and governing such part of them as may be employed in the service of the United States." To the state legislatures is given the power of "appointing the officers, and training the militia according to the discipline prescribed by Congress." I observed before, that, if the power be concurrent as to arming them, it is concurrent in other respects. If the states have the right of arming them, &c., concurrently, Congress has a concurrent power of appointing the officers, and training the militia. If Congress have that power, it is absurd. To admit this mutual concurrence of powers will carry you into endless absurdity— that Congress has nothing exclusive on the one hand, nor the states on the other. The rational explanation is, that Congress shall have exclusive power of arming them, &c., and that the state governments shall have exclusive power of appointing the officers, &c. Let me put it in another light.

May we not discipline and arm them, as well as Congress, if the power be concurrent? so that our militia shall have two sets of arms, double sets of regimentals, &c.; and thus, at a very great cost, we shall be doubly armed. The great object is, that every man be armed. But can the people afford to pay for double sets of arms &c.? Every one who is able may have a gun. But we have learned, by experience, that necessary as it is to have arms, and though our Assembly has, by a succession of laws for many years, endeavored to have the militia completely armed, it is still far from being the case. When this power is given up to Congress without limitation or bounds, how will your militia be armed? You trust to chance; for sure I am that nation which shall trust its liberties in other hands cannot long exist. If gentlemen are serious when they suppose a concurrent power, where can be the impolicy to amend it? Or, in other words, to say that Congress shall not arm or discipline them, till the states shall have refused or neglected to do it? This is my object. I only wish to bring it to what they themselves say is implied. Implication is to be the foundation of our civil liberties, and when you speak of arming the militia by a concurrence of power, you use implication. But implication will not save you, when a strong army of veterans comes upon you. You would be laughed at by the whole world for trusting your safety implicitly to implication.

The argument of my honorable friend was, that rulers might tyrannize. The answer he received was, that they will not. In saying that they would not, he admitted they might. In this great, this essential part of the Constitution, if you are safe, it is not from the Constitution, but from the virtues of the men in government. If gentlemen are willing to trust themselves and posterity to so slender and improbable a chance, they have greater strength of nerves than I have.

The honorable gentleman, in endeavoring to answer the question why the militia were to be called forth to execute the laws, said that the civil power would probably do it. He is driven to say, that the civil power may do it instead of the militia. Sir, the military power ought not to interpose till the civil power refuse. If this be the spirit of your new Constitution, that the laws are to be enforced by military coercion, we may easily divine the happy consequences which will result from it. The civil power is not to be employed at all. If it be, show me it. I read it attentively, and could see nothing to warrant a belief that the civil power can be called for. I shall be glad to see the power that authorizes Congress to do so. The sheriff will be aided by military force. The most wanton excesses may be committed under color of this; for every man in office, in the states, is to take an oath to support it in all its operations. The honorable gentleman said, in answer to the objection that the militia might be marched from New Hampshire to Georgia, that the members of the government would not attempt to excite the indignation of the people. Here, again, we have the general unsatisfactory answer, that they will be virtuous, and that there is no danger.
As you can see, Henry's concern is not for private arms, but the fact that Congress has the power to arm the militia.

Additionally, the issue of the use of military force is mentioned, since the real core issue was civilian control of the military, whether it is a professional standing army or the civilian militia. A militia needed to be under civilian control (i.e., "well regulated") as much, if not more so, than a professional army if there is to be domestic tranquility.

Anyway, when read as a whole, this text proves that this speech deals with the nature of the military force and how it was to be armed as opposed to anything else.

Tuesday, August 5, 2014

Why does this seem to be missing from most of the discussions about the Second Amendment

Don't forget Article I, Section 8, Clause 16 of the Constitution, which is something that need needs to be mentioned in relation to the Second Amendment. This provision gives Congress the power to arm the militia.

That was really what the Second Amendment refers to.

No conversation about the Second Amendment should neglect that this is part of the Constitution:
(Congress has the power} To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Most of the quotations that are taken out of context refer to this part of the Constitution and the concern that congress would fail to arm the militia in preference for the federal army.

It's really annoying me that the Second Amendment is not only misquoted and taken out f historical context, but it is taken out of Constitutional Context:
The Constitution, as originally adopted, granted to the Congress power --

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.

With obvious purpose to assure the continuation and render possible the effectiveness of such forces, the declaration and guarantee of the Second Amendment were made. It must be interpreted and applied with that end in view. US v. Miller, 307 U.S. 174 (1939)
I'm sick of people pretending that the first part of the Second Amendment is irrelevant to the Second.

And even sicker of people who would make any part of it irrelevant.

The right of the people to keep and bear arms is tied to the well regulated militia which is necessary for the security of the free state.

It must be read as a whole, not a part.

Truer Today than it was in 1969 - Steppenwolf - Monster



Once the religious, the hunted and weary
Chasing the promise of freedom and hope
Came to this country to build a new vision
Far from the reaches of kingdom and pope
 
Like good Christians, some would burn the witches
Later some got slaves to gather riches

But still from near and far to seek America
They came by thousands to court the wild
But she just patiently smiled and bore a child
To be their spirit and guiding light

And once the ties with the crown had been broken
Westward in saddle and wagon it went
And 'til the railroad linked ocean to ocean
Many the lives which had come to an end
 
While we bullied, stole and bought our homeland
We began the slaughter of the red man
But still from near and far to seek America
They came by thousands to court the wild
But she just patiently smiled and bore a child
To be their spirit and guiding light

The blue and gray they stomped it
They kicked it just like a dog
And when the war was over
They stuffed it just like a hog

And though the past has it's share of injustice
Kind was the spirit in many a way
But it's protectors and friends have been sleeping
Now it's a monster and will not obey

The spirit was freedom and justice
And it's keepers seem friendly and kind
It's leaders were supposed to serve the country
But now they won't pay it no mind
'Cause the people got fat and grew lazy
Now their vote is like a meaningless joke
You know they talk about law, about order
But it's all just an echo of what they've been told

'Cause there's a monster on the loose
It's got our heads into a noose
And it just sits there watchin'

Our cities have turned into jungles
And corruption is stranglin' the land
The police force is watching the people
And the people just can't understand

We don't know how to mind our own business
'Cause the whole worlds got to be just like us
Now we are fighting a war over there
No matter who's the winner, we can't pay the cost

'Cause there's a monster on the loose
It's got our heads into the noose
And it just sits there watching

America where are you now?
Don't you care about your sons and daughters?
Don't you know we need you now
We can't fight alone against the monster

America where are you now?
Don't you care about your sons and daughters?
Don't you know we need you now
We can't fight alone against the monster

America where are you now?
Don't you care about your sons and daughters?
Don't you know we need you now
We can't fight alone against the monster

America where are you now?
Don't you care about your sons and daughters?
Don't you know we need you now
We can't fight alone against the monster
America

RIP James "Jim" "Bear" Brady

Former Reagan White House Press secretary who was also injured in the assassination attempt on President Reagan died yesterday.  Brady's injuries from that attempt left him in a wheel chair for the rest of his life.

Despite that, those who knew him will tell you he maintained a great sense of humour.

My thoughts are with the family at this time.