The Gun owner to Black Civil rights movement analogy has gone a bit too far...

It seems that someone glommed onto this section of the US Code,  18 U.S. Code §241, with the idea that it would apply to "the Second Amendment Right".

As if events post-Heller-McDonald haven't shown it was a bad idea to skirt the constitution and reinterpret the Second Amendment so that something which is the subject and deemed "necessary to the security of the free state" is no longer considered to be of any significance.

But, anyway, 10 minutes in a law library with enough legal research skills would show using this provision, 18 U.S. Code §241, to be silly.  After all, it's in a section titled:

18 U.S. Code Chapter 13 - CIVIL RIGHTS

The federal rights which 18 U.S.C. § 241 aims to protect are the following:

• the right of an arrested person to a trial to resolve the question of his/her guilt;
• the right of a person charged with a crime to a trial to resolve the question of his/her guilt;
• the right to testify at a trial;
• the right to be free from unlawful violence committed under color of state law;
• the right to travel freely within any of the states of the United States;
• the right to be provided service in a restaurant or other places of public accommodation without considering the person’s race; the right to worship as a person pleases;
• the right to vote; and
• the right to inform federal officials when there has been a violation of federal law.

Note that owning a gun is not part of this list.

Some people found this on findlaw, but didn't bother with looking at the notes, authorities, or caselaw.  With the caselaw putting this seriously in the camp of the black civil rights movement:  United States v. Johnson, 390 U.S. 563 (1968).

Anyway, you are better off going with Cornell's Legal Information Institute's version of this than Findlaw's text since LII gives more useful information for someone who has no idea of what they are doing.  It cites to this under the authorities:

24 CFR - Housing and Urban Development
24 CFR Part 573 - LOAN GUARANTEE RECOVERY FUND

Another mistake people who have no idea of how the law works make is to assume that because something SOUNDS like it may be applicable--it is applicable.

No.  One needs to actually read the law and look at how it is applied before making an uneducated legal opinion.

But, seeing that this comes from Adam Kokesh and Alex Jones.  I'll leave you with Andrew Neil's comment about Jones ("We have an idiot on the programme"):

Adam Kokesh - Back on Top of the World

Kokesh Pleads Guilty - Gets Out of Jail but Loses the Guns

Washington Post

Adam Kokesh, a Fairfax County gun rights advocate, pleaded guilty Wednesday to various charges associated with an Independence Day incident in which he videotaped himself loading a shotgun in Freedom Plaza, just blocks from the White House.

Kokesh, 31, was ordered released from the D.C. jail, where he has been for nearly four months , pending a January sentencing hearing.

Pending a Jan. 17 sentencing hearing, Broderick ordered Kokesh to stay out of the District and said he must report with supervising authorities weekly. The judge also ordered that Kokesh not possess any firearms. Kokesh faces a maximum of more than six years in prison on the combined charges.

According to court records, Kokesh posted a video to YouTube showing him holding a 12-gauge, pump-action shotgun and loading what appeared to be live shells while speaking into the camera July 4. Kokesh is then seen racking the slide of the shotgun.

Adam Kokesh to Stay in Jail Awaiting Trial

Washington Post

A D.C. Superior Court judge on Wednesday denied a gun rights activist’s request to be released from jail into a high-supervision program as he awaits trial on a weapons charge, officials said.

Judge Patricia A. Broderick wrote in an order that Adam Kokesh, 31, would remain in the D.C. jail, citing a violation of bond on a previous arrest weeks before authorities arrested him on a charge of carrying a firearm in the District outside of his home or office.

Kokesh has been jailed since his arrest July 25, after he posted a 23-second video on YouTube of himself apparently loading a shotgun in Freedom Plaza on July Fourth. He sought a change in his no-bond status during a hearing Aug 13.

In her ruling, Broderick also noted that authorities found several weapons and illegal drugs in Kokesh’s Herndon home.

Sounds like punishment prior to conviction.  What do you think?

Adam Kokesh Still in Jail

Washington Post

Adam Kokesh, the gun rights activist arrested after posting an Independence Day video of himself apparently loading a shotgun in Freedom Plaza, will remain in the D.C. jail at least through Monday, a Superior Court judge ruled Friday.

 U.S. Park Police brought Kokesh to the District on Thursday to face gun charges related to the video. He was arrested July 9 during a raid of his home in Herndon and had been held in Fairfax County on charges of possession of hallucinogenic mushrooms while possessing a firearm. 

Kokesh’s housemates alleged that he was mistreated in the raid, which was led by a Park Police SWAT team and assisted by local police. 

 Kokesh was posting bail Thursday in Virginia when Park Police arrested him again and took him to the District, according to a spokesman for the U.S. attorney’s office. 

 Kokesh was charged Friday in D.C. Superior Court with one count of carrying a firearm outside of his home or office. Assistant U.S. Attorney Kevin Chambers called the video a “deliberate and concerted effort to violate” D.C. gun laws.

Moral of the story so far?  Don't fuck with the DC cops.

Adam Kokesh for President in 2020

Adam Kokesh (Reuters / Jim Young)

RT.com

Jailed gun rights activist Adam Kokesh has vowed to run for president of the United States in 2020 on a platform aimed at abolishing the federal government.

Kokesh, 31, has been in a Fairfax County, Virginia jail cell ever since a high-profile police raid of his suburban Washington, DC home earlier this month left him facing a potential felony conviction. If released in time for the 2020 presidential election, though, the libertarian talk show host has plans to pursue a shot at the White House.

In order to pretend to be a martyr, he's refused to post the $5,000 bail the judge allowed. Maybe that's some kind of Libertarian ethic.

What do you think?  Please leave a comment.

Adam Kokesh - The Newest Victim-Poster Boy

The Washington Post further to the video we posted yesterday and to replace the last victim-poster boy.

Sgt. Paul Brooks of the U.S. Park Police said officials became aware of the video entitled “Open Carry March on DC A Success” on Thursday morning.

“Adam Kokesh put up a video showing him loading what appears to be a shotgun in what appears to be Freedom Plaza,” Brooks said. “We checked the area and nothing was found. Now we are in the process of trying to authenticate the video.”

Brooks said it is unclear when the video may have been made.

Kokesh could find himself in legal trouble with his latest stunt if the video is authentic: Carrying a loaded weapon, concealed or unconcealed, is against the law in the District. The possession of a firearm not registered in the District carries a penalty up to a year in prison.

RED ALERT ~ Adam Kokesh armed march on Washington SCAM

I have to admit some curiosity about what might be the motive for Adam Kokesh's March on Washington, DC.  It seems he was once a War Protestor who managed to get a spot on Russia Today, but was too weird for even RT.

And then I found this:


 Anyway, this find comes on top of reading this blog post.

"Oh, that Mr. Hitler couldn't mean all the things he says in Mein Kampf about the Jews.  Anyway, what could he do?  Try and kill us all?"

I guess we can add to that line of thinking: "Well, we have guns this time".

As N. A. Browne said in The Myth of Nazi Gun Control:

A more farfetched question is the hypothetical proposition of armed Jewish resistance. First, they were not commonly armed even prior to the 1928 Law. Second, Jews had seen pogroms before and had survived them, though not without suffering. They would expect that this one would, as had the past ones, eventually subside and permit a return to normalcy. Many considered themselves “patriotic Germans” for their service in the first World War. These simply were not people prepared to stage violent resistance. Nor were they alone in this mode of appeasement. The defiance of “never again” is not so much a warning to potential oppressors as it is a challenge to Jews to reject the passive response to pogrom. Third, it hardly seems conceivable that armed resistance by Jews (or any other target group) would have led to any weakening of Nazi rule, let alone a full scale popular rebellion; on the contrary, it seems more likely it would have strengthened the support the Nazis already had. Their foul lies about Jewish perfidy would have been given a grain of substance. To project backward and speculate thus is to fail to learn the lesson history has so painfully provided.

in short, those who fail to learn the lessons of history are doomed to repeat them.