Wednesday, January 2, 2013

Guns are Civil Rights

Guns are Civil Rights

FISCAL CLIFF NOTE

Normally this blog would be talking about the so called "fiscal cliff" deal. The outcome of the deal is horrific for the economy and only slightly better than if the we had just fallen off the "cliff." President Obama reportedly was asked by House Speaker John Boehner what he would get in exchange for increased taxes and was told, "You get nothing. I get that for free." So, the entire episode has been about the sociopathic mentality of our president. There is nothing more to add as this is not about economics or policy, it is only about power.

GUNS

Recently I have been confronted by many people on both sides of the political spectrum who have been mislead by the media about guns. The media is sensationalizing the tragedy in the "gun free" school zone in Connecticut by reporting the story as if he had a machine gun and calling his weapons "rapid fire." So, here are a few facts.

You cannot buy a machine gun at K-Mart.

Semi-automatic weapons have no greater capability of "rapid fire" than an old west style six shooter revolvers. They may be able to hold more ammo in a magazine or drum than a revolver.

Semi-automatic simply means a weapon is not a revolver, but loads the next round of ammo. Normally the next round of ammo is loaded via a spring instead of a revolver action.

Machine guns are automatic weapons.

The average gun owner cannot change a semi-automatic weapon into a full automatic weapon or load a high capacity drum magazine of ammo. To do either would require significant training. Most military personnel could not convert a semi-automatic weapon into a fully automatic weapon.

Semi-automatic weapons do not fire repeatedly if you hold down the trigger.

Machine guns fire big bullets, like rifle bullets or even larger.

Submachine guns fire pistol rounds, like the "Tommy Gun" famous in the 1920's. This is the prototype of a "assault weapon."
The Thompson submachine gun or Tommy gun was invented by General John T. Thompson, it was the first hand held machine gun. Thompson was driven with the thought of creating a hand held machinegun that would help end the First World War, However, "the first shipment of prototype guns destined for Europe arrived at the docks in New York city on November 11, 1918, the day the War ended."
"Assault Weapons" are automatic weapons. They are machine guns or submachine guns. The first modern assault weapon was the "storm rifle," StG 44 created by the socialist tyrants we know as the NAZI party. NAZI is German shortened from National Socialist Party.
 literally means "storm rifle" as in "to storm (i.e. "assault") an enemy position"
You cannot buy an assault weapon or any automatic weapon without a federal license in the United States. The license entitles the Bureau of Alcohol, Tobacco and Firearms to inspect the weapon at any time.

There are separate models of guns for the military and law enforcement personnel that are not available to private citizens. Many guns may look the same, but privately available guns fire smaller bullets and are not automatic weapons. The reason they look the same is for marketability in the open market.

CIVIL RIGHTS

Now that we are on the same page about the definition of semi-automatic weapons, lets discuss why they are important.

Imagine that you are arrested for murder. Readers of this blog are obviously innocent of such a crime, but how is our judicial system set up to ensure that innocent people are not convicted of crimes? 

First, we have a  police force that is comprised of screened, respectable and honorable citizens. Next we have a judicial system comprised of judges so honorable they are referred to as "Your Honor." Finally, we have a trial by jury system that ensures that your peers, who are unbiased toward you, decide your fate. The government is there to protect you on three levels.

Wait a second, what did we forget... the prosecutor. OK, so one professional is entrusted to decide who to prosecute and who should not be prosecuted. There are four levels of government protecting you. 

So, you have been arrested for a murder, which we know that you did not commit. The police have put you in jail. The prosecutor schedules a hearing before the judge and the judge will decide if a trial by jury is required. 

We must have forgotten something else, because you are not likely a professionally trained criminal attorney who could mount the best defense of your life and liberty. You likely do not know the procedures of the court or rules of evidence. As a matter of fact, under these circumstances, you are completely dependent upon the good nature of the people in government. People who do not know you and are likely to face the worst elements of society on a daily basis. 

Call me a cynic, but there is a pretty good chance your goose is cooked. There must be some reason they arrested you. The people on the jury are going to think the same thing. Further, that flashy prosecutor has convicted a whole lot of people and knows what he is doing. 

As a matter of fact, I have my reservations that even the Honorable Judge would be able to give you an unbiased trial in these circumstances. All the information will be coming from the prosecutor, who must believe you are guilty. Moreover, you have been sitting in jail for a few weeks, and it shows.

Wait a second, you have the right to an attorney. You have a civil right to a professionally trained, criminal defense attorney who has not been sitting in jail, who knows the rules of the court and who can mount a defense of your life and liberty. You have an equalizer!

YOU DO NOT RELY UPON THE GOOD NATURE OF THE PEOPLE IN GOVERNMENT WITH YOUR LIFE AND LIBERTY!

Even with four levels of government protection, you have a civil right to defend your life and liberty. Doesn't that sounds like the exact reason for your second amendment civil right to bare arms?

Bill O'Reilly

The other day Bill O'Reilly on The Factor made the comment that "if the American military is coming for you, a gun won't matter."  He made this comment in response the thousands of letters reminding him that one of the reasons for the second amendment was to ensure the government did not become a tyranny. 

Couldn't the exact same argument be made from a legal stand point, "if the American government wants to put you in jail, an attorney won't matter."  The IRS Tax code is so convoluted that no one has complied with every interpretation of every rule. There are certainly other regulations and laws which most everyone is unaware. Each such interpretation of a regulation or law could be used to overpower even the best legal defense team. Regardless, our civil right to a defense attorney stands as an equalizer to the power of the government. This is the difference between a subject and a citizen, a check and balance of power.

It may be that Mr. O'Reilly fails to understand the argument. The reason that the Empire of Japan did not invade U.S. soil was, in the words of General Isoroku Yamamoto, 
"You cannot invade the mainland United States. There would be a rifle behind every blade of grass." (Prange files [the files of the late Gordon W. Prange, chief historian on the staff of Gen. Douglas MacArthur])
The same could be said of the American military. If presented an order to forcefully suppress the American people, conservatives in the ranks would resist. As a last resort, the citizenry would prove that, "The fiercest serpent may be overcome by a swarm of ants."
According to Ammoland, more guns were purchased last year in the United States than than there are active duty military members in the world’s fourteen largest armies combined

1 comment:

drozz said...

As my lawyer friends say: only idiots, the bored, or the desperate go to trial.

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