D.C. Mayor Adrian M. Fenty must make a risky choice about the District's gun ban: defend it before the Supreme Court or write new, looser laws governing how city residents can keep guns in their homes.Yeah, because it's a darn shame when laws that undercut a constitutional right might, you know, be repealed by the highest Court in the land.
As he wades into a high-stakes debate over the Second Amendment, the new mayor of the nation's capital faces the possibility that the city could lose the case and undercut decades of hard-fought gun-control legislation across the country.
central purpose is to arm "We the People" so that ordinary citizens can participate in the collective defense of their community and their state. But it does so not through directly protecting a right on the part of states or other collectivities, assertable by them against the federal government, to arm the populace as they see fit. Rather the amendment achieves its central purpose by assuring that the federal government may not disarm individual citizens without some unusually strong justification consistent with the authority of the states to organize their own militias. That assurance in turn is provided through recognizing a right (admittedly of uncertain scope) on the part of individuals to possess and use firearms in the defense of themselves and their homes--not a right to hunt for game, quite clearly, and certainly not a right to employ firearms to commit aggressive acts against other persons--a right that directly limits action by Congress or by the Executive Branch and may well, in addition, be among the privileges or immunities of United States citizens protected by [section] 1 of the Fourteenth Amendment against state or local government action.
It doesn't take a criminologist to know the law-abiding citizens of the District of Columbia are fundamentally unable to arm themselves either for self-defense or for collective defense of said District (in event of natural disaster, rioting, etc.). To borrow a popular aphorism, with guns outlawed in the District, only the outlaws have guns.
As such, Leonnig was careful to give equal ink to gun control activists and gun rights spokesmen, right? Wrong.
Only towards the very end of her May 17 article did Leonnig quote Robert A. Levy, the "lawyer who spearheaded the D.C. residents' challenge" in federal court. Even then she only gives Levy one 9-word sentence in the third-from-last paragraph. Leonnig also gave liberal yet pro-2nd Amendment University of Texas professor Sanford Levinson a few words towards the end of the article, but they focused on downplaying the imagined "dire consequences" that gun control advocates see should the Court uphold the unconstitutionality of the gun ban.
By contrast Mayor Fenty and gun control activists Paul Helmke and Joshua Horwitz were given much more ink, and Fenty was given the last word, opining that "We ultimately believe we will prevail" in the push "to make our laws as strong as possible."
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Amazing...
May 17, 2007 - 11:53 ET by c5thenEven when forced, through logic and grammar, to support the Constitution and the 2nd amendment, a liberal still has to add a caveat:
Of uncertain scope?? It clearly states ..."Shall not be infringed". That is about as certain as it gets.
The day that "politician" became a career choice is the day we started losing the Republic
When it comes to a disscusion
May 17, 2007 - 12:56 ET by ViperWhen it comes to a disscusion regarding firearms laws, or as it's termed, "gun control" I am of the opinion that it all has to do with power and control. The more laws a government can pass, the more power and control they will have. Law abiding citizens are the only ones who adhere to these restrictive "laws" anyway. Why? Because they are law abiding. I wish our brothers and sisters in arms in Washington DC all the best in their struggle to regain their freedoms. 48 states now recognize a right to carry and Castle Doctrine is making progress too. These are all good signs for our country and show me that the advocates of these restrictions are losing ground when history and facts are presented. I do not fear law abiding citizens and one can easily speculate why others do.
First off, the framers used l
May 17, 2007 - 12:49 ET by BeowulfFirst off, the framers used language and punctuation relevant to their time, hence the "controversy" over the term militia. "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" probably wouldn't be written exactly like this in modern language, as it runs two thoughts into one sentence. When the 2nd was written however, it was intended that individual citizens would grab up their privately owned firearms to defend their community in times of emergency.
Disregarding the fact that all other Amendments, when referring to "The People" are widely recognized as individual rights, what exactly does militia mean?
Militia is the activity of one or more citizens organized to provide defense or paramilitary service, or those engaged in such activity. The word can have five somewhat different meanings:
"One or more citizens" sounds kinda "individual" to me.
"Defense activity" ... "defense of [laws]. I would say defense of person and private property would fall under "defense of a public's laws.
"The entire able-bodied male population of a community"... "to enforce the law" also sounds like a group of individuals bearing their own arms.
"An official reserve army, composed of citizen soldiers, also called an Army Reserve, National Guard, or State Defense Forces" - "Citizen", singular, means just what it says - an individual. And since neither the Army Reserve nor National Guard (formed in 1908) even existed at the time the 2nd was written, how can it be used as an argument that the 2nd refers only to the National Guard and not an individual right?
I won't even discuss that the 2nd might refer to the Russian police...
The term "militia" is derived from Latin roots:
In its original sense, therefore, militia meant "the state, quality, condition, or activity of being a fighter or warrior." It can be thought of as "combatant activity", "the fighter frame of mind", "the militant mode", "the soldierly status", or "the warrior way".
In common usage, a "militia" is a body of private persons who respond to an emergency threat to public safety, usually one that requires an armed response, but which can also include ordinary law enforcement or disaster responses. The act of bringing to bear arms contextually changes the status of the person, from peaceful citizen, to warrior citizen. The militia is the sum total of persons undergoing this change of state.
Persons are usually said to engage in militia in response to a "call up" by any person aware of the threat requiring the response, and thence to be in "called up" status until the emergency is past. There is no minimum size to militia, and a solitary act of defense, including self-defense, can be thought of as one person calling up himself to defend the community, represented by himself or others, and to enforce the law.
So, even though I don't subscribe to the collective right theory, which is the only Constitutional argument the anti's have, even granting them their perception that the 2nd only applies to a militia STILL can't be interpreted as a collective right. Simply put, "militia" is a group of armed individuals, or even a single person, defending their community and it's laws, including self defense.
The Closed Mind Erects Strong Barriers
Nicely done there Beowulf.
May 17, 2007 - 13:02 ET by ViperNicely done there Beowulf. Well written and covered a number of good points. Looks like you have spent some time with the Federalist Papers.
Thanks Viper. Actually, I'm j
May 17, 2007 - 15:01 ET by BeowulfThanks Viper. Actually, I'm just a longtime gun owner and avid supporter of the 2nd. Most of my diatribes are from the head and the heart.
I will, when necessary, lower and demean myself to present documented facts to anyone challenging our right to own firearms and to defend what is ours. The usual response I receive is being called a nasty name... ;^>
The Closed Mind Erects Strong Barriers
Fallacy of the False Choice
May 17, 2007 - 13:13 ET by SocratesOr he could
At any rate, defending this law or making a "looser" one are not his only options.
These are all great comments,
May 17, 2007 - 20:46 ET by MikeBThese are all great comments, especially the comment from Beowulf.
I did a search on D. C. crime statistics and found some interesting data. The peak population in D. C. was in 1968 with a population of 809,000. Since that time the population has been in decline with a population of 550,521 in 2005, the last year with available statistics.
The crime statistics for D. C. show that in 2005 there were 195 murders, 166 forcible rapes, 3700 robberies, 3971 aggravated assaults, 3577 burglaries, 14,836 larcenies, and 7720 vehicle thefts.
In terms of rates per 100,000 population that means 35.4 murders, 30.2 forcible rapes, 672.1 robberies, 721.3 aggravated assaults, 649.7 burlaries, 2694.9 larcenies, and 1402.3 vehicle thefts.
The years the record numbers of the above crimes and the numbers are as follows: murder, 1991, 482; forcible rape, 1969, 776; robbery, 1969, 12,366; aggravated assault, 1993, 9,003; burglary, 1969, 22,902; larceny, 1982, 33,435; vehicle theft, 1968, 11,354.
The years for the record rates per 100,000 of the above crimes, and those rates are as follows: murder, 1991, 80.6; forcible rape, 1969, 97.2; robbery, 1981, 1635.1; aggravated assault, 1993, 1557.6; burglary, 1970, 2873.7; larceny, 1995, 5833.8; vehicle theft, 1995, 1839.9
You might wish to compare and contrast the crime statistics and especially the rates per 100,000, of the above numbers with the rates in Kennesaw, GA. In D. C. no one can legally own a gun, in Kennesaw, GA, every head of household is required by law to keep a gun and ammo in their homes. There are exceptions, such as felons, and those who have religious or moral qualms. Kennesaw's city council passed the "shall own" law unanimously in 1981 or 82. As a teaser, I present the following: 1981 (pre gun law) population was 5,242, with 1,026 burglaries per 100,000 population. 1982 (post gun law) population 5,308, with 665 burglaries per 100,000 population. 2002 population 22,664, with 264 burglaries per 100,000.
There was an immediate 40% drop in burglary rates after they passed their "must own" law. So, obviously, the presence of guns do not cause crimes. In fact, it appears that the advertised required ownership of firearms causes a dramatic and immediate reduction in crime. You can research numbers and rates for murders, rapes, and other types of crime in Kennesaw on your own.
While researching these statistics, I came across an interesting (somewhat long) article by a gentleman named Robert L. Kocher. It is a most interesting read, here.
"A communist is someone who reads Marx. An anti-communist is someone who understands Marx." Ronald Reagan
Excellent points all, Mike. M
May 18, 2007 - 10:50 ET by BeowulfExcellent points all, Mike. Most thinking people know general statistics, like the "Murder Capitol" of the US tag-line, but few take the time to look at the actual numbers. I posted a similar (though not nearly as detailed) rebuttal on another anti-gun blog here at NB concerning the actual numbers in Kennesaw, detailing the increase in population vs. the decline in violent crime.
The numbers are easy to find and easy to understand. All that is required is a small bit of effort and a relatively open mind, something sadly, yet incredibly lacking in the anti's.
Good link also, to the Kocher article. Kinda helped put some perspective to the numbers.
The Closed Mind Erects Strong Barriers