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2nd Amendment

Tuesday, June 09, 2009


The Constitutional Tripwire

One of my best friends served in the Air Force at about the same time that I was in the Navy, and one of the places he served was in South Korea. He explained to me about how few military members they have along the De-Militarized Zone (DMZ) relative to the estimated threat, and why that is - it is the concept of the Tripwire. For those of you who have seen it in the movies (either military movies or the ones where they have lots of zombies), you will immediately recognize the utility of such a thing.

It is a simple concept - a string or wire stretched across a putatively open gap, with some kind of noisemaker attached (such as a few pebbles in an empty can), so that when the line is crossed, the noise will alert the defenders as to both the breach and the location. It can be as simple as a string, a can and a few pebbles to scare away the neighbor’s goat or as complicated as infrared and motion detectors with low-light level cameras and armed security responders with STK authorization.

The tripwire is not a defense, it is a deterrent - it is supposed to warn the encroaching forces that they have gone far enough and that any further advance will be met with much larger - and much deadlier - forces.

We have the same thing in our Constitution, and it is the Second Amendment.

Our Founders had just spent years of their lives and much of their personal fortunes getting rid of an oppressive government, and they recognized that the results of their efforts would not last forever, so they wanted to make sure that their descendants would be able to make the same decision, so they included a means for the People to take back control of their country from the men who thought that their elections were actually coronations.

Not only is the Second Amendment the one that protects all of the others, it is also the tripwire that warns of a much larger encroachment, requiring the response of those willing to defend that particular hilltop.

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.

People make much of the part about the Militia, ignoring two important things, one a flaw in logic, the other a flaw in definition.

The first is a flaw in logic, because they are ignoring some basic parts of sentence diagramming. That first clause - “A well regulated Militia, being necessary to the security of a free State...” - is what is known as a ”dependent clause”, and it cannot stand alone, but is intended to eatablish the basis for the independent clause of the sentence.

An example would be “Because Jimmy’s favorite flavor of ice cream is strawberry...”. It establishes a likely reason for the action described in the independent clause ("… his mother made sure she had some ready for his birthday party."), but not necessarily the only reason. Another reason is that perhaps everyone in the family also likes strawberry, or that it had been on sale, or other reasons, any one of which might be sufficient to explain the motive behind the action (buying strawberry ice cream). The independent clause “...the right of the people to keep and bear Arms, shall not be infringed” can and should stand alone.

The second error lies in that of not being able to describe exactly what defines a member of a Militia. According to Federal Law, every able-bodied male between the ages of 18 and 45 is considered a member of the Militia, and the word has never been defined anywhere else that I can find, so that is the definition used in American Law.

The need for the States to be able to defend themselves via their various Militias is more than enough reason to make sure that everyone had the right to own and carry whatever weapons may be necessary to defend themselves against the various threats that the average citizen might come into contact with during his day (or night). There were highwaymen (seeking to redistribute the wealth), hostile natives (especially along the frontier), angry fauna or whatever. Just because the threat has shifted slightly with the times doesn’t mean that people don’t still run into muggers (seeking to redistribute the wealth), hostile natives (especially along La Frontera), angry former employees seeking their 15 minutes by shooting up someplace where guns are forbidden, or whatever.

The attempt by the government to take that power away is nothing more than an attempt to take away that tripwire. The police not only cannot protect you, they are under precisely ZERO legal responsibility to do so.

Posted by Drumwaster at 06:49 PM |

Friday, April 03, 2009


By now you’ve all heard

of the shooting in Binghamton, NY, and while I wish to express my sincerest condolences to the families of those who were killed or injured, I am most interested by the kneejerk cries for gun control.

Why?

Why is it the almost-instinctive reaction to take away the guns from the people who didn’t do anything wrong?

One guy commits a horrible crime, and the reaction is to punish everyone else by taking away their lawful property? Why is there never a hue and cry to take away sharp knives after hearing about a mugging at knife-point? (I mean, who needs to cut their steak, eh? Red meat is bad for you anyway. And we can always have a cop stop by and cut your meat for you...)

Fuck that. This sunnuvabeach had a hunting rifle, a pistol (which was immediately described as “semi-automatic”, as though they were warding off the Evil Eye or something) and a hunting knife. If he had strangled one of his victims with wire, would anyone be screaming that we need to ban guitars and pianos? (Oh, and that bit about the pistol being “semi-automatic”? Unless the pistol is a revolver, it’s semi-automatic.)

I just don’t think that I want to live in a country where the only people allowed to own weapons are the police and the military.

“...SHALL NOT BE INFRINGED."”

Posted by Drumwaster at 03:35 PM |

Thursday, June 26, 2008


YES!!!!!

It is now official. The Heller case has been decided, and Justice Antonin Scalia has written the majority decision. (You can read the pdf file here, if you wish.)

Held
1. The Second Amendment protects and individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

There’s lots more, and I’ll be skimming through it today as circumstances allow, but this is a BIG win for the Second Amendment.

One small concern that Patterico correctly points out.

5-4. Let that sink in, folks. Even though it was expected, it’s now official. Ponder it for a moment.

If the Democrats had appointed just one more Justice to the U.S. Supreme Court, there would be no individual right to possess firearms in the United States of America.

And the Revolution would have been kick-started into gear, sooner rather than later. Count on it.

Update 1:

3. The handgun ban and the trigger-lock requirement (as applied to self-defense) violate the Second Amendment. The District’s total ban on handgun possession in the home amounts to a prohibition on an entire class of “arms” that Americans overwhelmingly choose for the lawful purpose of self-defense. Under any of the standards of scrutiny the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional

They don’t address the licensing requirement (which I have no beef with, anyway), nor does it touch any of the CCW/OC issues. Just that the right to keep and bear arms shall not be infringed.

Posted by Drumwaster at 06:33 AM |

Wednesday, March 19, 2008


If you had to re-write the Bill of Rights

what would you change? Or even elsewhere in the Constitution?

I’d eliminate the dependent clause in the Second Amendment, and make the right even more emphatic, so that it would simply read, “The Right of the People to keep and bear Arms shall not be infringed. Period. End of sentence. So don’t even try it, bub, or we’ll string you from the nearest tall structure.”

What about you? (Just for the sake of saving you some Googling, here’s a link to the Online Constitution.)

Posted by Drumwaster at 09:34 AM |

Friday, March 09, 2007


Hot diggity!

It’s about time!

To summarize, we conclude that the Second Amendment protects an individual right to keep and bear arms. That right existed prior to the formation of the new government under the Constitution and was premised on the private use of arms for activities such as hunting and self-defense, the latter being understood as resistance to either private lawlessness or the depredations of a tyrannical government (or a threat from abroad). In addition, the right to keep and bear arms had the important and salutary civic purpose of helping to preserve the citizen militia. The civic purpose was also a political expedient for the Federalists in the First Congress as it served, in part, to placate their Antifederalist opponents. The individual right facilitated militia service by ensuring that citizens would not be barred from keeping the arms they would need when called forth for militia duty. Despite the importance of the Second Amendment’s civic purpose, however, the activities it protects are not limited to militia service, nor is an individual’s enjoyment of the right contingent upon his or her continued or intermittent enrollment in the militia.

And there are strong indications (although not guaranteed) that the ruling will:

1) be upheld by the full en banc Circuit Court
2) be immediately appealed to the Supreme Court
3) be granted certiorari by the Supremes (which only takes four affirmative votes of the nine)
4) be upheld (since the COTUS - aka “Law Of The Land” - trumps local and state and Federal legislation)

And all, just in time for next fall’s election, too! grin

Posted by Drumwaster at 01:04 PM |

Thursday, February 15, 2007


Those Who Forget History

Cruising through the Vault while checking trackbacks and I ran across this gem.

1. An armed person is a citizen. An unarmed person is a subject.
2. A gun in the hand is better than a cop on the phone.
3. Glock: The original point and click interface.
4. Gun control is not about guns; it is about control.
5. If guns are outlawed, can we use swords?
6. If guns cause crime, then pencils cause misspelled words.
7. Free men do not ask permission to bear arms.
8. If you do not know your rights, you do not have any.
9. Those who trade liberty for security have neither.
10. The United States Constitution 1791. All Rights reserved.
11. What part of “shall not be infringed” do you not understand?
12. The second Amendment is in place, in case they ignore the others.
13. 64,999,987 firearms owners killed no one yesterday.
14. Guns have only two enemies: rust and liberals.
15. Know guns, know peace and safety. No guns, no peace nor safety.
16. You do not shoot to kill; you shoot to stay alive.
17. 911 - government sponsored Dial-a-prayer.
18. Assault is a behavior, not a device.
19. Criminals love gun control--it makes their jobs safer.
20. If guns cause crime, then matches cause arson.
21. Only a government that is afraid of its citizens tries to control them.
22. You only have the rights you are willing to fight for.
23. Enforce the ‘gun control laws’ we have, do not make more.
24. When you remove the people’s right to bear arms, you create slaves.
25. The American Revolution would never have happened with gun control.
26. ‘...A government of the people, by the people, for the people...’

Always worth remembering…

UPDATE: I forgot one: “27. Democracy is two Wolves and a Lamb voting on what to have for lunch. Liberty is a well armed Lamb contesting the vote.” (Benjamin Franklin)

Posted by Drumwaster at 12:13 PM |

Monday, November 13, 2006


Time to start making plans

You know what the nice thing about being a pessimist is? A pessimist is either always being proved right, or pleasantly surprised.

Since we will have Nancy Pelosi as Speaker of the House, and John Murtha as Majority Leader in the House, with Charlie Rangel chairing the powerful House Ways And Means Committee and Conyers chairing the House Judiciary, and Pat ”Habeus Corpus Rights For Terrorists” Leahy running the Senate Judiciary, it only stands to reason that they would immediately drop all of their partisan bickering and get to work solving the problems confronting our nation, right?

Right?

{crickets}

Yeah, I didn’t really think so, either…


Posted by Drumwaster at 01:04 PM |

Saturday, October 28, 2006


Brady Laws

What a waste!

Sherman, let’s step into the Way-Back Machine (TM) to a quarter-century ago. Specifically, to March 30, 1981, outside the Hilton Hotel in Washington, DC, just after a AFL-CIO luncheon. Outside the hotel waits a crowd of reporters - and a weird young man with a fixation on Jodie Foster.

The new President and his entourage step out into open air and that weird young man steps forward, and fires off six hurried rounds from a .22 caliber revolver - hitting President Reagan, Secret Service agent Timothy McCarthy, DC police officer Tom Delehanty, and White House Press Secretary James Brady.

The other three fully recovered, but Brady was shot in the head and was the most seriously wounded of the four, becoming permanently disabled. He has since campaigned for all kinds of gun control laws, and no one can possibly doubt his dedication or his motivation to that cause.

And who can blame him, eh?

However.....


Posted by Drumwaster at 07:28 PM |

Monday, July 03, 2006


A new Second Amendment Blogger

I’ve been communicating with our newest Loyal Reader over the last few days (and he even supplied tomorrow’s Special Share), and about the only bad thing I can say is that he is stuck on Blog*Spit.

Go forth and welcome him to the Horde.

The Pistolero. I’m adding him to the BlogRoll, too.

Posted by Drumwaster at 10:27 AM |

Wednesday, May 31, 2006


Shall NOT be infringed!

I might be coming back to this, since it is the Second Amendment that ensures all the others. The ability to defend ourselves - against our own Government, if the need arises - is what guarantees us the authority to determine our own destinies.

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.

Many people have argued this in terms of only those persons who are currently serving in a militia being allowed to “keep and bear arms”, but this can be disproven with one teeny-tiny little thing - the comma.


Posted by Drumwaster at 06:13 PM |

Tuesday, December 06, 2005


Second Amendment Alert

Found this in a comment thread over at John Hawkins. It’s really long, so I tucked most of it below the fold…

******
Courtesy of Frank J. at IMAO:

AMAZING BELIEFS PART 1

That incidents where people shoot criminals in self defense are very rare, and shouldn’t be used as excuses to own guns, just as incidents where presidential press secretaries are shot are very rare, and shouldn’t be used as excuses to ban guns.

That guns are the real cause of crime, but we will blame and jail the owner of said gun for the crime, even if the owner wasn’t the person involved.


Posted by Drumwaster at 10:47 PM | (0) Trackbacks
Category: 2nd Amendment |

Wednesday, October 19, 2005


More From Da Perfessor

If it weren’t for him, I wouldn’t have found this great column by John Stossel on the worthlessness of gun control laws.

I wanted to know why the laws weren’t working, so I asked the experts. “I’m not going in the store to buy no gun,” said one maximum-security inmate in New Jersey. “So, I could care less if they had a background check or not.”

“There’s guns everywhere,” said another inmate. “If you got money, you can get a gun.”

Talking to prisoners about guns emphasizes a few key lessons. First, criminals don’t obey the law. (That’s why we call them “criminals.") Second, no law can repeal the law of supply and demand. If there’s money to be made selling something, someone will sell it.

A study funded by the Department of Justice confirmed what the prisoners said. Criminals buy their guns illegally and easily. The study found that what felons fear most is not the police or the prison system, but their fellow citizens, who might be armed. One inmate told me, “When you gonna rob somebody you don’t know, it makes it harder because you don’t know what to expect out of them.”

No kidding, huh? It isn’t a coincidence that concealed carry laws have consistently driven crime rates down, folks.

There’s more…

And there’s another myth, with a special risk of its own. The myth has it that the Supreme Court, in a case called United States v. Miller, interpreted the Second Amendment—“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”—as conferring a special privilege on the National Guard, and not as affirming an individual right. In fact, what the court held is only that the right to bear arms doesn’t mean Congress can’t prohibit certain kinds of guns that aren’t necessary for the common defense.

But the money quote about that whole “militia” argument?

Interestingly, federal law still says every able-bodied American man from 17 to 44 is a member of the United States militia.

It’s actually 18 to 45, but here’s that link, in case you think he’s kidding.

Read the whole thing.

Posted by Drumwaster at 03:15 PM | (0) Trackbacks
Category: 2nd Amendment |

Thursday, August 18, 2005


Always worth repeating

Having posted it before, I was reminded of it, went looking, and I wanted to share this with everyone again, because the best training program will always touch on the fundamentals every now and then, just to keep everyone’s mind on why they are fundamentals....

For your entertainment and edification, I present “Rules For A Gunfight”, as updated with help from my readers.

(If I have forgotten any, let me know.)


Posted by Drumwaster at 09:40 PM | (0) Trackbacks
Category: 2nd Amendment |

Tuesday, July 12, 2005


This is a war-warning, folks

I ‘m not suggesting that anything will necessarily happen, but I would strongly urge any of you who have not yet read this story to do so now. Go ahead, I’ll wait.

Counterterrorism expert Juval Aviv spoke with FOX Fan Central about what Americans can do to protect themselves in case of a terror attack.

Do you believe another terrorist attack is likely on American soil?

I predict, based primarily on information that is floating in Europe and the Middle East, that an event is imminent and around the corner here in the United States. It could happen as soon as tomorrow, or it could happen in the next few months. Ninety days at the most.

Be aware, people. Be alert. Start noticing stuff. If you live in a State where you are allowed to carry a concealed weapon, I would urge those of you comfortable with the concept to start carrying a weapon and a spare clip.

Keep an emergency kit handy:

  • water bottle
  • small towel or cloth
  • flashlight
  • first aid kit

Know what’s going on around you. And if you feel something weird is going on, GET OUT OF THERE!!! Notify a cop or security person, if time and safety allow, but get clear. That “Spidey Sense” can save you, but only if you listen to it. You may walk away a hundred times without incident, but it will save your life that hundred-and-first time…

Saturday, June 25, 2005


The Constitutional Reset Button, Part 2

(This is a Patriot’s Journey post. Others joining in are Alex, Scott, JimK, and Moorewatch. If you wish to join in, feel free.)

Our Founding Fathers recognized that we might need to pull power back from the Government, so they did everything they could to ensure that we would be able to do so. The first freedoms in the Bill of Rights prove this. They are the Freedom of religion (the relationship between a person and his/her Diety), Freedom of Speech and of the Press (to express ideas, even if it isn’t in person), Freedom of Assembly (to get together and discuss options), and the right to petition the government for redress of grievances (to give them a final chance to compact their Governmental Feces).

If all else fails, there is the Second Amendment - the authority to push that button and the power to back it up.

Just food for thought… but I’m buying ammo.

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