Guns and Gun Rights
Some reactions from the right to the Sotomayor SCOTUS nomination:
Roger Pilon, the Cato Institute’s Director of Constitutional Studies:
In nominating Second Circuit Judge Sonia Sotomayor to fill the seat of retiring Supreme Court Justice David Souter, President Obama chose the most radical of all the frequently mentioned candidates before him.
Ilya Somin, George Mason University Law School:
I am also not favorably impressed with her notorious statement that “a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” Not only is it objectionable in and of itself, it also suggests that Sotomayor is a committed believer in the identity politics school of left-wing thought.
Dave Kopel, Research Director at the Independence Institute:
Judge Sotomayor’s record suggests hostility, rather than empathy, for the tens of millions of Americans who exercise their right to keep and bear arms.
William Redpath, National Committee Chairman of the Libertarian Party:
By nominating Sonia Sotomayor, Barack Obama has made it clear he prefers an activist for his personal causes over a rational interpreter of law.
So the gathering argument from the right seems to be “activist”, “identity-politics”, hostility to the 2nd amendment and “radical”.
I see nothing (unless there is some hidden problem with taxes or nannys we don’t know about) that is going to keep this nomination from going through given the Democrats numbers in the Senate. But it will be interesting to see how long, how hard and how nastily the Republicans choose to fight this. I’m not sure this is the SCOTUS nominee hill to die on.
Remember, depending on the message you want to convey, stats can be very helpful:
a. The number of physicians in the U.S. is 700,000.
b. Accidental deaths caused by Physicians per year are 120,000.
c. Accidental deaths per physician is 0.171. (Statistics courtesy of U.S. Dept. of Health & Human Services)
Now think about this…
a. The number of gun owners in the U.S. is 80,000,000.
b. The number of accidental gun deaths per year (all age groups) is 1,500.
c. The number of accidental deaths per gun owner is 0.000188.
Statistically, doctors are approximately 9,000 times more dangerous than gun owners.
Guns don’t kill people – doctors do!
The point, of course, is stats can be used to scare you to death, especially when used in limited context or in isolation. The world is a dangerous place. Accidents are going to happen. When the gun grabbers talk about taking your firearms to prevent accidents, remind them of this statistic. It’s just as “valid” as theirs and it sometimes is helpful to illustrate absurdity with absurdity.
Or so it would seem. 11 students gather at a friend’s apartment for a birthday celebration. Two armed masked men burst in:
Bailey said he thought it was the end of his life and the lives of the 10 people inside his apartment for a birthday party after two masked men with guns burst in through a patio door.
“They just came in and separated the men from the women and said, ‘Give me your wallets and cell phones,’” said George Williams of the College Park Police Department.
Bailey said the gunmen started counting bullets. “The other guy asked how many (bullets) he had. He said he had enough,” said Bailey.
That’s when one student grabbed a gun out of a backpack and shot at the invader who was watching the men. The gunman ran out of the apartment.
The student then ran to the room where the second gunman, identified by police as 23-year-old Calvin Lavant, was holding the women.
“Apparently the guy was getting ready to rape his girlfriend. So he told the girls to get down and he started shooting. The guy jumped out of the window,” said Bailey.
Lavant was found dead near his appartment. Apparently he lived in a neighboring building.
The student hasn’t been identified, but when you have armed, masked men counting bullets to ensure they had enough, I think I’d have probably reached the same conclusion as he did. And, for a change, the story ends with someone successfully defending themselves because they were armed instead of being victims in some “gun free zone”.
With the spike in interest about combating piracy suddenly, any number of people have been sought out and quoted concerning their ‘expert’ opinion about what to do.
Cyrus Mody of the International Maritime Bureau said that his organisation had qualms about the use of armed guards on ships: “We always have been against the carriage of arms on vessels. First, we don’t think there is legal backing. Two, there’s a risk of escalation. Three, you cannot carry arms on ships carrying hazardous or dangerous cargo.
“If you permit armed guards on certain vessels, the others, which cannot carry the armed guards will become vulnerable and be targeted a lot more.”
Maybe it is just me, but I simply don’t understand thinking like this. It reminds me of the rightfully ridiculed “if rape is inevitable, lay back and endure it” school of thought.
Note how Mr. Mody seems not to understand that we have an inherent right to self-defense and thus shouldn’t be particularly concerned with whether or not exercising that right has “legal backing”. When armed thieves attack you and your property, they certainly aren’t concerned with the niceties of legal backing. They are called “outlaws” for a reason. But like all human beings, they’re looking for easy targets. Lay back and offer no resistance and they’ll happily take your property and, perhaps, your life. Although that hasn’t been the case yet, it certainly could happen now that the military of various states are killing pirates. In fact, because they are using deadly force now, the need for being able to defend one’s self would seem to me to be even more urgent than before.
That brings us to point two – escalation. I hate to break it to Mr. Mody, but as noted, the military reaction to piracy has escalated the situation. What is obvious, however, is the military cannot provide protection to all of the shipping transiting the area – it can only react to attacks. In the last two attacks on American ships, there was no way for our navy to react immediately. In both cases the USS Bainbridge was hundreds of miles away when the attacks occurred. That leaves immediate self-defense in the hands of the crew of the ship being attacked.
As for three, of course you can have weaponry on such ships if done properly. And think of it this way, pirates don’t know whether or not the ship is carrying “hazardous or dangerous cargo” when they attack. So when they launch that RPG they’re much more of a danger to those cargoes (and the crew) than someone on the ship putting a line of .50 cal rounds across the bow of a pirate skiff and scaring them away.
And four, per Mr. Mody, it just isn’t fair if some ships have armed guards (Mr. Mody was reacting to a story about armed guards on an Italian cruise ship foiling a pirate attack) and others don’t. That’s just nonsense. It’s like “gun free zones” – what do they tell criminals? That no one will be able to defend themselves because the criminal will be the only one with a gun. It’s stupid. The whole point is to make the pirates unsure as to whether the ship has armed guards and whether it is worth it to them to attempt to attack such a ship. One way to take that sort of calculation out of their attacks is to ensure ships are “gun free zones”.
Certainly there are non-lethal ways to fight pirates, but as Gen. Petraeus said the other day, and I’m paraphrasing, I wouldn’t want to be on a water cannon when the guy at the other end has an RPG.
Fighting off pirates requires resistance, and resistance requires at least equality in firepower. The whole point is to make piracy less and less attractive. Right now the pirates pick a target, board it and name their ransom. The risk to reward ratio is so low they won’t consider returning to their former life. One way to help them make such a decision more readily is to raise that reward-to-risk ratio to a level that it is no longer attractive. Seems to me armed ships along with military intervention are certainly a good way to do that.
What we don’t need to be doing is listening to the likes of Mr. Mody and trying to dress up stupidity as some form of “civilized behavior”.
The Constitution’s protection of an individual right to have guns for personal use restricts the powers of state and local government as much as it does those of the federal government, the Ninth Circuit Court ruled Monday. The opinion by the three-judge panel can be found here. This is the first ruling by a federal appeals court to extend the Second Amendment to the state and local level. Several cases on the same issue are now awaiting a ruling by the Seventh Circuit Court.
Ruling on an issue that is certain to reach the Supreme Court, the Circuit Court concluded “that the right to keep and bear arms” as a personal right has become a part of the Constitution as it applies to the states through the Fourteenth Amendment’s due process clause.
That right, it said, “is ‘deeply rooted in this Nation’s history and tradition.’ Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the ‘true palladium of liberty.’
[F]ollowing the lead of the Supreme Court’s decision last June in District of Columbia v. Heller, finding a personal right in the Second Amendment for the first time, the Circuit Court concluded that the right as interpreted by the Justices is limited to “armed self-defense” in the home.
The opinion is available here.
“You know, we should buy a gun.”
True story. I’ll leave it to you all what numbers one and two are.
The Supreme Court smacked down New York City and Mike Bloomberg:
New York City on Monday failed before the U.S. Supreme Court to revive a lawsuit it filed against the gun industry.
New York sued several gun manufacturers in 2000, arguing the companies violated a state public nuisance law with their marketing and distribution of the firearms products they sell. Among the companies sued were Beretta USA Corp., Smith & Wesson Holding Corp. (SWHC), Colt’s Manufacturing Co. LLC, Sturm, Ruger & Co. (RGR) and Glock GmbH.
A federal law enacted in 2005 sought to shield gun makers from lawsuits like the one New York filed, prompting a federal judge to throw the case out. The 2nd U.S. Circuit Court of Appeals in New York in April 2008 upheld that ruling by a 2-1 vote.
New York, in a court brief, said the 2005 law violates state rights under the U.S. Constitution. “This congressional effort to control how states make law raises important questions about the Tenth Amendment’s protections of state sovereignty,” New York said.
The gun manufacturers, in a joint legal brief, said the federal appeals court correctly applied the 2005 statute and argued the law does not violate the Constitution. “This case does not qualify for Supreme Court review,” the gun makers said.
Does anyone else get New York’s argument in this case? Talk about non-sense.
H/T: Of Arms and the Law
Eric Holder talked about reviving the assault gun ban. But he’s meeting opposition from unexpected quarters.
Senate Majority Leader Harry Reid will join Speaker Nancy Pelosi (D-Calif.) in opposing any effort to revive the 1994 assault weapons ban, putting them on the opposite side of the Obama administration.
Reid spokesman Jim Manley said the Nevada Democrat will preserve his traditional pro-gun rights voting record.
“Senator Reid would oppose an effort (to) reinstate the ban if the Senate were to vote on it in the future,” Manley told The Hill in an e-mail late Thursday night.
There’s a pretty political explanation for the opposition.
A) gun bills are always losers for Democrats. It seems that Pelosi and Reid have finally figured out (at least in this case) that it is rather stupid to hand your opposition ammo (no pun intended).
B) unpopular legislation like this wastes time and goodwill. They have a much more ambitious plan to sell us down the river than piddling stuff like this, and they don’t want to be distracted by something that will be virtually ineffective the second it is signed into law (but put the pro-gun lobby front and center for a while).
A number of House Democrats lost their seats after being targeted by the National Rifle Association for voting for the 1994 ban.
And finally, it is a way to make sure the Obama administration knows that it is Congress they must coordinate these things with before they go shooting their mouths off. Eric Holder said, without such coordination, that he planned on trying to reinstate the assault weapons ban. Pelosi and Reid used the opportunity to send a message.
That said, be aware that Holder certainly appears to have an anti-gun agenda, or, at least, so it seems.