The Right To Bear Arms

A distinguished citizen takes a stand on one of the most controversial issues in the nation

By Warren E. Burger, Chief Justice of the United States (1969-86)
Parade Magazine, January 14, 1990, page 4

[NOTE: Chief Justice Warren E. Burger (1907-1995), was first nominated by POTUS EISENHOWER January 12, 1956 to the United States Court of Appeals for the District of Columbia Circuit (often called the “Mini Supreme Court”) to fill the position created by the death of Judge Harold M. Stephens, was confirmed by the Senate 28 March that year, and on 23 June 1969 was nominated to be Chief Justice of the SCOTUS by POTUS NIXON following the resignation of CJ Earl Warren, who was also nominated by POTUS EISENHOWER, and  presided over numerous landmark Constitutional law cases and wrote the majority opinion in Brown v. Board of Education (1954), Reynolds v. Sims (1964), Miranda v. Arizona (1966) and Loving v. Virginia (1967). CJ Warren also led the Warren Commission, which investigated the assassination of POTUS KENNEDY, was Governor of California from 1943-1953, and widely considered one of the nation’s most influential Chief Justices. CJ Burger was known more for his administrative acumen than for his intellect, and in 1974 authored the unanimous decision in United States v. Nixon, which rejected POTUS NIXON’s claim of Executive Privilege in the midst of the Watergate crimes, and eventually chose to resign, rather than face certain impeachment, thereby becoming the first POTUS to ever resign from office.]

Warren E. Burger, Chief Justice, United States Supreme Court, official portrait

Our metropolitan centers, and some suburban communities of America, are setting new records for homicides by handguns. Many of our large centers have up to 10 times the murder rate of all of Western Europe. In 1988, there were 9000 handgun murders in America. Last year, Washington, D.C., alone had more than 400 homicides — setting a new record for our capital.

The Constitution of the United States, in its Second Amendment, guarantees a “right of the people to keep and bear arms.” However, the meaning of this clause cannot be understood except by looking to the purpose, the setting and the objectives of the draftsmen. The first 10 amendments — the Bill of Rights — were not drafted at Philadelphia in 1787; that document came two years later than the Constitution. Most of the states already had bills of rights, but the Constitution might not have been ratified in 1788 if the states had not had assurances that a national Bill of Rights would soon be added.

People of that day were apprehensive about the new “monster” national government presented to them, and this helps explain the language and purpose of the Second Amendment. A few lines after the First Amendment’s guarantees — against “establishment of religion,” “free exercise” of religion, free speech and free press — came a guarantee that grew out of the deep-seated fear of a “national” or “standing” army. The same First Congress that approved the right to keep and bear arms also limited the national army to 840 men; Congress in the Second Amendment then provided:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

In the 1789 debate in Congress on James Madison’s proposed Bill of Rights, Elbridge Gerry argued that a state militia was necessary:

“to prevent the establishment of a standing army, the bane of liberty … Whenever governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia in order to raise and army upon their ruins.”

We see that the need for a state militia was the predicate of the “right” guaranteed; in short, it was declared “necessary” in order to have a state military force to protect the security of the state. That Second Amendment clause must be read as though the word “because” was the opening word of the guarantee. Today, of course, the “state militia” serves a very different purpose. A huge national defense establishment has taken over the role of the militia of 200 years ago.

Some have exploited these ancient concerns, blurring sporting guns — rifles, shotguns and even machine pistols — with all firearms, including what are now called

If You Live in Alabama…

You should know this:

IN LESS THAN 90 DAYS, YOUR CHANCE OF BEING KILLED IN ALABAMA WILL INCREASE.

WHY?

 

On March 11 this year (2022), Republican Governess Kay Ivey signed into law House Bill 272, which was proffered, and supported by the state’s GOP legislators, to wantonly arm the citizens, WITHOUT requiring proof of anyone’s ability to demonstrate competency, or properly handle, the concealed firearms they will soon be allowed to carry EVERYWHERE THEY GO. The law will become effective January 2023. 

(see: https://legiscan.com/AL/text/HB272/id/2544995/Alabama-2022-HB272-Enrolled.pdf)

Of the 29 total votes against HB272, 3 were Republican, 2 Democrats did not vote, 2 Republicans were absent, Yeas totaled 70.

 

Even our Armed Forces, at the most fundamental level, MANDATE that EVERY SERVICE MEMBER demonstrate competency with numerous firearms, and other weapons of war.

 

But not in Alabama.

 

Guns… EVERYWHERE YOU GO.

 

EVERYWHERE.

 

Schools.

Hospitals.

Nursing Homes.

Worship Centers.

Grocery Stores.

Birthday Parties.

Libraries.

Pharmacies.

Retail Stores.

Restaurants.

Gas Stations.

Convenience Stores.

Work Places.

Doctors’ offices. 

 

Except for

Common Sense Gun Reform Laws

“Common sense isn’t so common, anymore,” goes one woefully pithy saying.

And, it certainly seems true — at least when it comes to matters of politics in this period.

But, exactly WHAT IS “common sense”?

Common sense could be the proverbial “moving target” which changes with every whim, and puffing wind of doctrine.

But, let’s hit the “pause” button for a moment and examine some matters surrounding firearms, aka “guns” and at least the two most recent tragedies in Buffalo, NY and Uvalde, TX, both sites of mass murders by 18-year-old gunmen armed with AR-15 style rifles.

Campaign flyer for GOP Arkansas U.S. Representative, Jay Dickey, CD-4.

Hyperbole aside, is there ANYTHING which could have been done to have prevented either holocaust?

Quite possibly, yes.

So, let’s examine some facts, and what laws ALREADY EXIST (or not) pertaining to firearms that might have prevented such carnage, and if they were useful — or not.

First, in BOTH cases, the perpetrators were aged 18.

Second, in BOTH cases, the firearm used — an AR-15 style rifle with a high-capacity ammunition magazine — was legally purchased.

Incidentally, that was also the firearm of choice used in numerous other massacre-style killings.

With respect to the Federal Government, there is NO law requiring establishing a comprehensive database of such massacres, and because of that, there is none. The ONLY such databases are maintained by private, non-governmental entities. That should not be so.

The Department of Justice maintains all sorts of statistics about crimes, and their perpetrators, but not on matters like this.

Why not?

That’s because a GOP Representative from Arkansas’ 4th Congressional District, Jay Dickie Jr. (1939-2017), put a “rider” onto a budget item in 1996 which has since been monikered as the “Dickie Amendment” which specifically forbade the Federal Government from studying such things.

At the time of his terms in the House of Representatives, Dickie described himself as an ardent Second Amendment supporter, which essentially translated into being “the NRA’s point person in Congress,” as he later described his role in a July 27, 2012 Op-Ed co-authored with Dr. Mark Rosenberg, MD.

“One of us served as the NRA’s point person in Congress and

Gun Ownership + Carrying + Impulsivity = Increased Firearm Violence Victimization & Death Risk

Think you need a gun “for protection”?

Think again.

The glibly superficial “good guy with a gun” notion is but a trite and specious fallacy.

Research has shown that “that individuals in possession of a gun are over four times more likely to be shot in an assault than those not in possession.”¹

Thus, while gun carrying itself is not a violent behavior, “it potentially marks heightened risk among gun carriers.”

And indeed, “research has demonstrated a strong link between (gun carrying) and gun violence victimization.”¹

“The finding has important implications for states and campuses considering open carry laws α while these policies may be intended to increase safety, they may have the unintended result of increasing gun violence victimization.”²

“On average, guns did not protect those who possessed them from being shot in an assault.³ Although successful defensive gun uses occur each year, the probability of success may be low for civilian gun users in urban areas. Such users should reconsider their possession of guns or, at least, understand that regular possession necessitates careful safety countermeasures.”

“Impulsivity was identified as

Topsy Turvy America

In America, you can get arrested for drinking a beer in public.

In Germany, one can legally walk around in public while drinking a beer. To do so is neither illegal, immoral, or unethical.

Of course, illegality, immorality, and unethical behavior are three entirely separate, and unique things. Suffice to say, they’re not the same.

In America, one cannot walk around in public while drinking a beer, or any other alcohol-containing beverage. In many, if not most, places, it’s illegal to do so – save, perhaps, for a few specially-designated areas, or upon certain occasions in those areas.

For example, it’s not uncommon to see pictures, or read news stories of college-aged students who can otherwise legally consume alcoholic beverages (being aged 21, or older), and even adults, who while enjoying almost any public beach in America, are accosted by local law enforcement authorities who either confiscate, or demand that the beer owner(s) destroy those ice-cold beverages by pouring them out, and sometimes, even arrest them, haul them off to jail, where they’re fingerprinted, photographed, and incarcerated, however briefly, as if they’re genuine threats to society, or had committed some grievously atrocious felony.

Of course, it almost goes without saying, that if anyone, anywhere in America was walking around in their local Wal-Mart, shopping while drinking a beer, the police would be called to the scene, and doubtlessly, the shopper/drinker would be arrested, and the story of it published on the worldwide web of the Internet for all the world to see.

Typically, in most all such instances, those individuals would be violating so-called “open container” laws, which forbid the public consumption of alcoholic beverages.

Yet interestingly enough, morbidly obese people can walk around in public eating hot dogs, doughnuts, and junk foods of seemingly innumerable variety and type, wash it all down with gallons of soda pop, and it’s not illegal to watch them commit their slow suicide in public, and no one dares think about calling the cops on them.

While it might seem that

Republican Tennessee Governor Bill Lee Has Lost His Mind

A gun in every pocket.

Not a chicken in every pot.

No pot there, either.

Not even medical.

The state wants people to kill each other.

But not in the womb.

That’d be wrong.

Shooting people to kill them, is A-OK.

Shooting pregnant women is not.

Might harm the unborn, you know.

Tennessee’s Republican Governor Bill Lee has signed NRA-written legislation that allows any adult aged 21, or older, to carry a handgun either openly, or concealed without any special training, education, or permit. Active duty Military Service Members aged 18 to 21 are excepted.

Tennessee’s Law Enforcement Agencies throughout the state, including the Tennessee Bureau of Investigation, have told the Governor that they thought his idea was poor policy, but he ignored them, and signed into law a bill that removes restrictions on carrying firearms, either concealed, or openly.

Tennessee Republican Governor Bill Lee (RIGHT) signs HB786 as the bill’s sponsor, Republican Representative William Lamberth of Portland, District 44, observes.

Despite law enforcement’s opposition to his legislation that would end gun permits in Tennessee, Governor Bill Lee told a gathering from the National Rifle Association that his legislation would “make Tennessee safer.” However, he failed to mention how it would.

A spokesman for the Tennessee Bureau of Investigation told a Senate committee, “The bureau has been consistent [in opposition] on this from a public safety standpoint.” The TBI and Tennessee Sheriff’s Association oppose eliminating requirements for concealed carry gun permits.

Governor Lee’s Press Secretary Casey Black said, “The ‘Constitutional Carry’ legislation is a key priority in the governor’s public safety package, which is focused on protecting law-abiding Tennesseans’ Second Amendment rights, while also significantly increasing penalties for criminals who steal firearms.”

Advocates point to permitless carry which is often misnomered as

Oops… there goes the “Good Guy With A Gun” theory. #2A

In a direct blow to the firearm radicals (aka “gun nuts”) crowd’s assertions, the Bureau of Justice Statistics (BJS) has shown that, contrary to what the tax-free National Rifle Association has publicly claimed, “of over 14,000 incidents in which the victim was present, 127 (0.9%) involved a SDGU.” (Self Defense Gun Use)

In other words,

“a good guy with a gun”

does NOT

lower nor reduce criminal activity.

What is the National Crime Victimization Survey (NCVS)?

The BJS writes this about the NCVS:
“The Bureau of Justice Statistics’ (BJS) National Crime Victimization Survey (NCVS) is the nation’s primary source of information on criminal victimization. Each year, data are obtained from a nationally representative sample of about 135,000 households, composed of nearly 225,000 persons, on the

A Simple Solution to America’s Gun & Mass Shooting Problems

The Ingram MAC-11 (Military Armament Corporation Model 11), a defunct American small arms manufacturer, made this subcompact machine pistol developed during the 1970s. Shown here with 32-round capacity magazine, and suppressor.
Weight: 1.59 kg (3.50 lbs)
Length: 248 mm (9.76 in/20.90 in)
Barrel length: 129 mm
Cartridge: .380 ACP
Caliber: 9mm
Action: Straight Blowback
Rate of fire: 1200 /min
Muzzle velocity: 980 ft/s
Effective firing range: 50 m

There’s little debate of any significance about the problem of firearms in the hands of those who use them to commit heinous acts. This year alone, to date (as of this entry 27 August, the 239th day of 2015) there have been there have been:
248 Mass Shootings, with
313 Dead &
926 Wounded.

One only need type in ‘mass shootings’ in any search engine to find literally thousands upon thousands of news items, complete with details about this uniquely American problem. There is, however, significant and legitimate debate about how to ameliorate and stem the growing problem.

Some say no laws are needed, that LEOs (Law Enforcement Officers) need to enforce current laws. Others say outlaw guns completely. Somewhere, there is a “happy middle ground” of compromise to be found that protects our law-abiding citizens’ 2d Amendment Rights, and protects the innocent from miscreant would-be murderers and assailants.

I have a rather simple solution
to the
gun / mass shooting problem.