2001

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Liberty Notes – April 2001

Letter to Governor Holden

Liberty Notes – July 2001

Liberty Notes – August 2001

Liberty Notes – September 2001

Liberty Notes – October 2001

Liberty Notes – November 2001

Liberty Notes – December 2001


 

Liberty Notes – April 2001

K. L. Jamison


 

It is a good day for Liberty.

I have been reviewing another book Enduring What Cannot Be Endured, by Dorothy Dore Dowlen, McFarland & Co, Jefferson, NC (2001). The title is a trifle melodramatic, however. The author was 16 when the Japanese invaded her home in the Philippines. Over the next four years she became a Lieutenant in the Army, a nurse for the Guerrillas, a prisoner, an escapee, an orphan, a wife, a widow, and a mother. She may be forgiven the hyperbole. Evading a Japanese offensive, she and her husband fell in with a jungle tribe who followed a rich cultural tradition of killing outsiders. Her husband’s pistol was within reach, and her first experience with guns saved her life.

Having observed the process, she was able to disassemble the pistol for cleaning, and put it back together again. Proceeds of the book go to an orphanage in the Philippines, so it is valuable on many levels.

I was at the Immigration office, and heard a South African complain that when he came into the country on a tourist visa, the officer asked his destination. “Kansas City”, he said. “Impossible”, declared the officer, “No one goes to Kansas City on vacation!” He was allowed into the country, but required to appear at the Kansas City Immigration office, and prove that he was having fun. Fortunately, we have an amusement park called Worlds of Fun.

During the NRA convention, you may notice what appear to be spikes, or lightening rods, or perhaps hair curlers on the towers above Bartle Hall. Do not ask about them. The City Council thinks they are art, the rest of us are too embarrassed. If you go by the Nelson Art Museum, you may notice a shuttlecock the size of a truck on the lawn. If you ask “What damn fool spent obscene amounts of money for that nonsense?”, everyone will know that you are a tourist, because if you lived here, you would Know.

If you know any vegetarians, bring them to Kansas City, we have barbeque, we can help them. During the Convention, you may want to spend some time on the Missouri seacoast. Missouri has always had an ocean, only now we call it Kansas.

I represented one of these guys with federal charges for felon in possession. We had to plead guilty. This is the Project Exile/Project Felon/Ceasefire program (now called by the later name). There are commercials with Johnnie Cochran saying that if caught, even he could not help. It did not make me feel better. The guy’s car broke down, and he and his friend got out, the friend said “Here, I don’t want to get caught with this gun”, so the guy with the felony record took it. This is the second time I have had a client following such a conversation. I asked the court to release the gun to me as part of my fee. The prosecution, as a matter of local office policy, opposed this.

They claimed the gun was “contraband”. Legally, contraband is any object which is illegal simply by existing or by existing in the possession of a person who is not supposed to have it. Untaxed cigarettes are contraband. Alcohol in the possession of juveniles is contraband. A Ruger semi-auto is not contraband in the hands of a near-sighted and unshaven attorney. The federal magistrate bought the prosecution argument, so I appealed it to Circuit Judge Wright. I said that I wanted to use it in my “Missouri Weapons and Self-Defense Law” class, and offered the 2 hour 45 minute tape in evidence. The judge didn’t want to spend that much time on the tape and ordered the gun released to me (as soon as I get a permit from our new sheriff). I argued that the feds were spending a great deal of money advertising felon in possession charges, and I was going to do so for free.

We are seeing abuse of the Project Exile and NICS programs. These are programs the NRA encouraged to get prosecutors to focus on real crimes. It seems that some of them think that we are real crimes, simply by existing, contraband as it were.

The State Guard Association of the United States has a web site www.sgaus.org. Its mission is to foster and support the militia concept in the Constitution of the United States of America. It only recognizes state guards organized by state or local governments. It has some good information. The Civil Air Patrol, the Air Force Auxiliary, web site, is www.capnhq.gov. The Special Forces Association web site, is www.sfahq.com. The commander of Special Operations Command called us the Special Operations strategic reserve. However, if you see me being called up, you know we’re in trouble.

The Kansas City chapter of the Association of the United States Army (AUSA) had a speaker on Bioterrorism. The director of the Kansas City Health Dept flashed a list of “patriot/hate” groups. He seems to have gotten this list from the FBI, and was under the impression that they had been investigated. Yes, the 51st Militia was listed. By the way, if someone offers you smallpox, decline.

On 12 April, 2001, our LEADE*R, Gary Davis appeared on a labor program on KKFI at 91.5 FM. The subject was why union members, in great numbers, voted freedom first. Most of the participants were vocally on our side. A Union representative tried to paint the NRA as a tool of big business because “92%” (he said, and he may be right) of its contributions went to Republicans. Gary pointed out that we do not care about party affiliation; we support people who support us. The Democratic Party has a policy of being anti-gun, we can hardly be expected to support people who hate us. The Union representative made some claims of anti-gun actions by Republican presidents, most of which were simply untrue. He clearly knew nothing about the issue.

This is too bad, if the unions and the gun nuts got together, we would be unstoppable. The union rep said that George W. Bush is a tool of big business and intends to destroy unions. If he is a tool of big business, George W. does not need to destroy the unions, it has already been done. Under the Clinton administration, American manufacturing jobs have gone overseas. Under NAFTA, factories can move to Mexico, produce goods, and transport them (in trucks owned by Mexican companies) to the US, and sell the product for less than it can be made for here. Products are made in the Peoples Republic of China, by prison labor, in violation of US law, or by military facilities, imported here under the PRC’s “most favored nation” trade agreement, and sold for less than they could be made for here. This makes goods cheaper for the rest of us, but union jobs are lost. Yet, the unions supported the administration which made this possible. The unions supported AlGore who wanted to abolish the internal combustion engine. The unions can gain the power to organize government workers, Americas biggest work force, but only by turning their backs on their traditional manufacturing members.

My sister gave me a book concerning a vampire killer. This killer does not live in a Van Helsing/Buffy sort of world. In this book, vampires have civil rights, unless they feed on humans, which is where our heroine comes in. I have often considered how the law would treat vampires. If they are people, they have rights, if they are dead, they are property (although in Missouri they can be elected to office), if they are “creatures of the night” they might be an endangered species (and cannot be killed).

The Kansas City Star (a daily tabloid) published an “As I See It” editorial claiming that Proposition B decided concealed carry licensing for all time, and that Lott’s book More Guns Less Crime is based on “estimated statistics” (his quotes) and was funded by an ammunition company. This fellow claims to have read the book, twice. I got a reply printed. If Martin Luther King had listened to such advice, the Voting Rights Act would not have survived the first march in Selma. Aside from vote fraud, the only thing that Proposition  B proved, was that the opposition could lie faster than we could tell the truth. Lott’s book relies on hard evidence from every county in the country, and was NOT funded by an ammunition company. Anyone who has read the book once, much less twice, knows this. The University of Chicago Law School decided to fund his study with funds from a grant given by the Olin Family Trust (not the ammunition company) some thirty years ago. The slanders against Lott’s book are more heinous when one realizes that he thought that he would find more crime and accidents in states with licenses, and was surprised to find the opposite.

The appearance of my editorial, and Gary on the radio, is not a fluke. Many letters to the editor came first. The more people who write letters, call in to radio shows, or drop a work in the ear of people at work, the better chance we have of getting our message out.

Jews for the Preservation of Firearms Ownership has a valuable document on its web site (www.jpfo.org). “Raging Against Self Defense A Psychiatrist Examines the Anti-Gun Mentality” by Sarah Thompson M.D. The good doctor discussing the mind set and thinking process (such as they are) of the prohibitionists. The doctor finds that the prohibitionists fear that they will commit murder, and project this fear onto their neighbors. The doctor provides a valuable technique to communicate with these prohibitionists. A gentle approach is called for, a direct challenge will not work. Ask them why they think their neighbors might murder them. Ask what they could do to prevent their neighbors from committing murder. What could they do to prevent murder once all guns are banned? One small thought at a time is what is called for.

Gary Davis has been awarded the NRA’s Grass Roots Activist of the Year award. The presentation will be at the Convention 18 – 20 May, 2001. Another reason to attend.

The Kansas City Star (a daily tabloid) has an unannounced policy of not accepting classified ads for “certain” guns. A police officer whose department is changing guns tried to sell his old automatic, the Star refused because he mentioned 15 round magazines. His girlfriend placed an ad for the same gun, but pled ignorance of the magazine capacity. It is their newspaper, but their inability to provide a definition for “certain” guns indicates that it is an arbitrary criteria.

It is critical that everyone contacts [sic] their legislator and demand that the concealed carry licensing bill (HB 853) be passed. The Republican Senators could pass it, but are not making it enough of a priority. They do not realize they are a majority, they are afraid of controversial issues. However, they got elected on our issue. It is time to do what they hired on for. Tell them we cannot continue to mobilize votes for them if they do not give us something.

I found a blaze orange tie, which is the gun safety color. Sometimes it looks red. It must be a conspiracy of unparalleled proportions to change the color of my tie from time to time; and for what monstrous reason?

In other sartorial news. In the “Missouri Weapons and Self-Defense Law” video, I advocate keeping guns and accessories in women’s purses. They have mysterious compartments which fit ammunition, flashlight, and handcuffs (perhaps on purpose, I’m not sure). They can be bought at garage sales for pennies (I found a dollar in change in the bottom of one). The prohibitionists will have trouble claiming that I have macho Rambo fantasies when I carry my gun in a purse, pink if at all possible. Our Vice President, Randy Farr (AKA Vice-Gary) was at a second-hand store, and found a pink purse for me. I am secure enough in my masculinity to carry my .45 in a pink purse. You can be secure in your masculinity when you have a .45 in your pink purse.

I am told that a south sea island nation is hiring American lawyers. The pay is good, even by American standards. The housing allowance buys a house on the beach. For that money, I’d be willing to litigate coconut cases with headhunters. But, Gary says what I want, what I really really want, is to stay here and do gun cases; that’s our Gary, the lost Spice Girl.

When in the Navy, Dean Johnson’s assigned weapon was a BAR. In case you were wondering why his ship was never boarded.

We shall overcome.

 

 


 

Letter to Governor Holden


Governor Bob Holden
State Capitol
Jefferson City Mo. 65101

Subject reconciliation

Dear Sir

On 22 February, 2001, I wrote you on behalf of the Western Missouri Shooters Alliance inquiring about your inaugural address. In that address you advocated reconciliation among all elements of Missouri. I asked if this applied to gun owners as well.

Last summer we asked your campaign for its position on gun rights for individuals. We received an arrogant, abusive, and hate-filled reply. Some of our members thought that your address indicated a change in policy. We have not received the courtesy of a reply, which I take as an answer.

Our members take your hatred of our people to be deeply ingrained. This is why you have received relatively few letters supporting the current License to Carry bill, we do not believe that you will read these letters, much less consider our position.

If you continue this dismissive attitude toward our people, we cannot consider supporting you in the future. Indeed, by default it forces us to support whatever opponent you might have.
Kevin L. Jamison
Attorney at Law

 


Liberty Notes – July 2001

Kevin L. Jamison


It is a good day for Liberty

There will be a police show 4 – 5 August, 2001 in the convention center on Front Street. It will be from 9 to 5 on Saturday, and 9 to 3 on Sunday. The show will feature people who collect either policemen or police paraphernalia. Either way, it should be interesting.

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The voices in my head tell me to plant flowers, pet puppies, and paint pictures. I have strange voices.

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I think I know why I have more books than bookcases. The books are breeding. The bookcases, however, are sterile.

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Josh Sugarman of the virulently anti-gun “Violence Policy Center” has a book out; EVERY HANDGUN IS AIMED AT YOU. He claims that no one hunts with handguns, and anyone claiming to do so is lying. He tells such blatant lies, and is still taken as an authoritative source by the news media.

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People have compared these notes to the writings of Jeff Cooper in Guns and Ammo magazine. I take this as high praise; I am not sure how Mr. Cooper would take it. I won’t tell him if you won’t.

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HCI has been boasting over the election results. They won at the state level in Missouri, and the senatorial race, all priority targets for them. It is infuriating to do all that work on the elections, and to still hearing their arrogant, mean spirited boasting. And they are right. We have our work cut out for us. We need to recruit more members, raise more money, network with more organizations, and obtain more means to put out information. After twelve years of effort, I see a glimmer of hope. The Emmerson decision may go our way at the appellate level, Attorney General Ashcroft has firmly endorsed the individual rights view of the Second Amendment, the federal government will not be funding the prohibitionists for the next few years. This gives us a window of opportunity; we must work together to take advantage of it.

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I was watching a TV program on war crimes, and the comment was made that the Viet Nam experience was unprecedented in US military history. I disagree. I have yet to hear of a combat story from Viet Nam which does not put me in mind of a story from another war. The technology changes, that is all. The rules of engagement were different, quite different, but war itself does not change. These rules were quite similar to those faced by the British Army on the Northwest Frontier of India before independence (young Infantry officers who have not read BUGLES AND A TIGER must, before they do any real damage). Viet Nam was not our first guerrilla war. We fought guerrillas in Korea, as guerrillas in WW II, more guerrillas in Nicaragua and Haiti, The Philippines at the turn of the century (and on through WW II), the Indian Wars (the Seminoles especially), the Civil War, and during the Revolution we fought as guerrillas and against loyalist guer! rillas. The problem has been that the Army refuses to remember these lessons. I am convinced that Senator Kerry was in a shootout the night those civilians were killed. The VC took the weapons and their wounded and fled, leaving civilians caught in the crossfire, and dead VC in civilian clothes.

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The excellent SLEDGE PATROL has been reprinted. In 1940 Greenland, a colony of Denmark, quietly succeeded when the mother country was occupied by Germany. The governor formed a militia out of a handful of local hunters. These hunters skirmished with nazi landing parties trying to set up weather stations, pinpointing them for American bombers. This would be a minor event, but the weather in Europe moves from west to east. With the Greenland weather reports in Allied hands, the air force knew what to expect, the Luftwaffe did not. In June, 1944, Rommel’s weatherman predicted continued storms in the channel, and the Field Marshal departed for Germany. Eisenhower’s weatherman consulted the Greenland reports, saw a gap in the storms, and the invasion was on.

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A similar force was set up in WW II Alaska. Alaska’s National Guard had been mobilized and sent to the lower 48, it was replaced by the Arkansas National Guard (this was the Army after all). Alaska was on the front lines, and its defenders did not know how to live, much less fight in the cold. An excellent book, MEN OF THE TUNDRA (long and lamentably out of print) recounts the efforts of an Army officer “Muktuk” Marston in organizing the “Alaskan Territorial Guard” AKA “Eskimo Guard”, largely of Eskimos. He distributed 1917 Enfields and ammunition to create a fighting force. He faced opposition from local white officials who did not want the Eskimos to have guns (if I had treated someone they way they treated the Eskimos, I would not want them to have guns either). The Eskimos made an enthusiastic defense force, and released regular troops for other duty. They also announced the end of segregation. ! At the end of the war Marston was instructed to recover the Army’s Enfields. He explained that the cost of recovering the equipment exceeded the value of the rifles. The Army didn’t care; it wanted the Eskimos disarmed. Marston then told his superiors that the rifles were now coated with “Eskimo germs”, which, if brought down to the lower 48, would thaw out and cause an epidemic. They believed that! The Eskimos kept their rifles and organization on their own until the unit was formally recognized as part of the Alaska National Guard.

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We have three victories in time for Independence Day. Attorney General Ashcroft will destroy the “instant check” records within 24 hours. It is a small victory, but it convulses the prohibitionists, who will use it to raise funds. The Michigan Supreme Court has blocked efforts to put that state’s new CCW law to a referendum before it goes into effect. The prohibitionists will be able to petition for referendum AFTER it goes into effect, however, by then the law will have been working for nearly a year and a half. We can expect a tremendous effort to destroy the law; we should welcome it. We can soak up their money and effort in such a campaign, as they have done to us. We must support the Michigan grassroots in organizing a defense to the expected offensive. For the first time, it is the prohibitionists who are trying to overturn a law. The California Supreme Court has ruled in our favor on registering “assault weapons”. Again, this is a small victory, but will occupy the prohibitionists with recovering this ground, rather than scheming to take more of our rights.

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Ann Landers blames recent school violence on an increased availability of guns. This is a lie. It is an obvious lie, but the prohibitionists continue to tell it, and the media accepts it.

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Thumbing through DRAWING THE LINE, I was struck by surveying terms of the Revolutionary period. In interpreting the Second Amendment, we have often taken the term “well regulated” in its late 18th century meaning of well functioning. In order to survey the Mason-Dixon line, an astronomical clock, or regulator, was used to establish a starting point. Many of the Founders were familiar with surveying.

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Air Taser Inc provides me with a CD showing a new, improved, versions of their electric stun gun. Their products have differed from other electric stun guns by firing barbs on 15 to 21 foot leads. This gives the citizen a buffer zone. It is marketed to police forces. They boast that it is “cop proofed” and demonstrate that it can withstand being run over by a squad car loaded with doughnuts. See www.eTASER.com

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Gun Owners of America will establish a “mall” in cyberspace to sell guns and ammunition. GOA will not sell anything, it will only provide a forum for others to sell. See http://www.gunowners.org

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Governor Holden is criticized for an extravagant inauguration, which is still not paid for, excessive flying in state aircraft, sometimes to the same place in a single day, and approving a new stadium deal for St. Louis, when the legislature had already rejected the idea. He did very poorly in his first session of the legislature. He is behind the eight-ball, he may be vulnerable.

The governor has also issued an executive order allowing money to be deducted from state employee paychecks payable to unions which represent some of the state workers. The deduction is not for union membership, which gives them benefits, but for union services on the employee’s behalf. This is a political payoff, and paying off with other people’s money. I do not doubt that union membership will be an advantage to many workers, but this forced tribute has upset a number of legislators. If we could force all gun owners to pay us for services, we wouldn’t do it.

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The Kansas City police had an abysmal response time to 911 calls. It moved officers from administrative and specialty programs to patrol for an experimental 90 day program. A study has shown that the move reduced response time. Now that they have moved back to their former jobs, response time has gotten worse. They needed a study to know this.

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If you like freedom of religion;
Thank a Jehovah’s Witness, their intrusive missionaries were the driving force in most of the early cases.

If you like freedom of speech;
Thank the Ku Klux Klan.

If you like freedom of the press;
Thank a pornographer.

If you like freedom of assembly;
Thank the nazis who marched in Skokie.

If you like the right to privacy;
Thank a drug dealer.

If you like the right to remain silent;
Thank the Mafia.

If you like the Miranda warnings;
Thank a rapist named Miranda.

If you like your property protected from government seizure;
Thank a coal company that wanted to mine coal it owned, even if it collapsed houses above the mine. – Pennsylvania Coal Co. v Mahon 260 U.S. 393 (1922).

If you like liberty;
Thank a prison inmate who objected to his transfer to a mental institution. – Vitek v Jones U.S. Supreme Court 1980.

If you like the right to be free of unreasonable search and seizure;
Thank a serial killer named Larry Eyler who got off on these grounds, to kill another 15  year old boy named Danny Bridges, that we know of.

If you like the right to have an attorney;
Thank an armed robber.

If you like the right to privacy;
Thank the conspirators to bribe a NY state liquor official.

If you like the right to bail;
Thank a terrorist.

If you like the right to a grand jury review of charges;
Thank a child killer.

If you like the right to confront witnesses against you;
Thank a child molester.

If you like the protection of preliminary hearings;
Thank a statutory rapist.

If you like public trials;
Thank the purveyor of sex slaves. People v Jelke 128 N.E.2d 769 (NY Ct App 1954).

If you like fair trials;
Thank a swindler. Estes v Texas 381 U.S. 532 (1965).

If you like the right to a jury trial;
Thank a kidnapper. U.S. v Jackson 390 U.S. 570 (1968).

If you like prohibitions against double jeopardy;
Thank an armed robber. Ashe v Swenson 397 U.S. 436 (1970).

If you like due process of law;
Thank a bad check artist. Morrissey v Brewer 408 U.S. 471 (1972).

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When people are given rights, some will abuse those rights. The purpose of our rights is to prevent a greater abuse by government.

 


Liberty Notes – August 2001

K. L. Jamison


 

It is a good day for Liberty.Excavations at Jamestown uncovered an early 17th century skeleton which had been shot with a musket ball. The bullet had been cut, possibly to encourage expansion. This gives the lie to claims that hollowpoint bullets are something new. Of course, proof has nothing to do with prohibitionist claims.An episode of ER concerned a serial killer who was finally shot by a citizen who was packing his own pistol. Fine so far, but the citizen was portrayed as a psycho. They overlook that in Chicago (where the show is set) one cannot carry a gun unless one is a local politician; which may qualify as psycho.I frequently see used book stores, but never used bookshelf stores. These books must be coming off of bookshelves somewhere. The world is out of balance, chaos and anarchy reigns, but this is Kansas City, and it is not noticed.In 1814 a British officer who fought in the Revolution wrote TO ALL SPORTSMEN AND PARTICULARLY TO FARMERS & GAMEKEEPERS. At page 205 he praised American riflemen and described American rifles stating that “I have seen many hundreds and hundreds.” Given that rifles were unusual compared to muskets, this indicates that weapons were common. So much for THE ARMING OF AMERICA, a prize winning book claiming that guns were rare in America until after the Civil War. The author claims that his research for this incredible statement was destroyed in a flood. Since it is politically correct, it won a prize. Researchers who have tried to check his sources found that his quotations are inaccurate, out of context, and often contrary to what the source actually said. In checking probate records researchers found that guns were left by wills many times more often than the politically correct prize winning author claimed.

Large article in the local tabloid about Attorney General Ashcroft’s policy that the Second Amendment is an individual right. WMSA was asked its opinion (we agreed).

My niece, Miss Holly, is going to be a fabulously successful artist. She’d better be, she’s a lousy waitress.

The police chief of Lone Jack has been charged with impersonating a judge and simulating legal process. The Chief had his own diversion program, low level juvenile hooligans were required to wash police cars, pick up trash and the like. According to the Jackson County prosecutor, this is impersonating a judge. Granted, the Chief may have seen the Andy Griffith Show one too many times; but, consider the choices. He could do nothing with these low level delinquents, or he could put them in the juvenile system. Doing nothing hardly seems like police work. Once in the juvenile system, kids and their families are under government scrutiny from there on. Juvenile records are increasingly being opened, for “good” reasons. If the prosecutor thought this diversion program was evil, why could he not just tell him to stop? WMSA member John Quinn is on the defense team.

I am representing a class action suit against the police. My clients have long been targeted by the police. This is not one of those cases where the police can claim coincidence or statistical anomaly. We have the evidence, and the doughnuts are pissed.

A prohibitionist witness at a License To Carry (LTC) hearing stated that a pistol would not have protected her from her rape, and would not have protected any of the women in her support group. Therefore, no one should have a License To Carry. I suppose all of the armed women who have defended themselves are simply WRONG. Perhaps they should be punished

The Brady Campaign (to take all of our guns) AKA HCI, has a cartoon in which NRA President Charlton Heston is portrayed as an airline hijacker.  They say that they don t think they went overboard on it.  Remember that the next time they ask for reasonable gun control.

A mock documentary has been filmed speculating on what America would be like if the South won the Civil War (AKA The War Between the Yankees and the Americans ).  According to the filmmaker, the Confederacy forces Reconstruction on the North and the United States becomes the Confederacy.  The description reads like a summary of what the author believes to be bad things, which he projects on the Confederate leaders. In his version, Jews are expelled, Christianity is the national religion, Catholics are barely tolerated,  The Confederate United States invades South America to obtain slaves, and eventually attacks Japan to get Asian slaves. Such What If exercises are always interesting, however, I question the reliability of the author’s research.

There is objection to the Confederate Battle Flag being part of the Mississippi state flag. The objection is that it is a reminder of slavery.  I think we should be reminded of slavery.

The United Nations held a conference on the control of small arms. It claims that it only involved military arms, however, the sculpture illustrating it s mission was composed of handguns, including muzzle loading guns. The mission of the group was clearly to disarm citizens. U.S. citizens protested in a civil, non-threatening manner. Not being used to citizens expressing their concerns, the UN is investigating these criticisms to see if they constitute a threat. The UN replaces the United States on a human rights commission with Sudan, which openly practices slavery, and wants us to trust them enough to give up our guns. Not hardly.

Following protests from gun nuts, Ace Hardware cut its ties to prohibitionist Rosie O Donnell. Sometimes all that is necessary is to show up.

The film THE BATTLE OF ALGIERS is recommended as a primer on guerrilla warfare. The film FOR WHOM THE BELL TOLLS is also a primer on unconventional warfare. There are divisions between guerrilla groups, betrayal by a guerrilla leader, a guerrilla uprising, guerrilla resistance to outside direction, a raid, and a romance between a young lady and the outside demolitionist (in Special Forces we were advised against this, but, speak logically to hormones).

More activists are needed in the movement. Many fear they do not have the skills to be an activist. Probably not, these skills are learned by doing. Even Ghandi was afflicted with stage fright early in his career. He attempted to put forth his vision in an early political meeting but floundered I conceive . . . I conceive . . . I conceive . . . and collapsed in his chair, tongue-tied. Another delegate remarked, Here is a man who has conceived thrice, and brought forth nothing! Everyone starts somewhere.

I saw a social worker s report which states that my client s family has a negative history of EHO2 abuse . After some consideration I decided that what the bureaucrat meant was there are no alcoholics in this family . And The movement to make English the official language gathers speed.

The Native American Church uses the hallucinogen peyote in its rituals. Unlike some faiths in which marijuana is a convenient and frequent sacrament, the Church only uses peyote in very ritualized occasions. Of course, some were arrested and the case went to the Supremes. They were confident, this was freedom of religion after all. The prosecution offered a deal, a rather decent deal. However, one of the defendants refused to accept the deal; this was freedom of religion and could not be infringed. The Supremes ruled that a religion could conduct only activities directly related to belief. Peyote could be banned, and the Salvation Army could be prevented from operating soup kitchens. Congress responded with a law protecting freedom of religion. Everyone wants to go to the Supremes. Sometimes they make bad decisions.

People who would not hunt rabbits without preparing a specific gun, boots, canteen and game bag insist that we hunt justice in the Supreme Court with nothing more than a slip of paper; the equivalent of hunting bear with a .22.

State Rep Susan Phillips puts her WMSA membership in her official biography. This gets our name out. Its nice to have friends.

The American Bar Association called, asking me to join. I told them I left the ABA when it opposed the right to own guns. The caller was understanding. They must get that response a lot.  GOOD.

A grassroots group in Chicago called on its members to appear at a street festival wearing fanny packs, and perhaps guns in the fanny packs. We could hold a demonstration, everyone carries a bag of some kind ( I still have my pink purse), before the demonstration we cut cards, the person or persons who get the Ace of Hearts (Ace of Spades is the death card) put a gun in their bag. Depending on the cut, many people, or no people might be carrying. The rest carry something heavy so that all bags look alike. The police would have no probable cause to search. The persons who carry may carry unloaded guns (which is not a weapon in Missouri) or other defenses.

A letter in the local tabloid claims that no one is trying to ban guns. He must read a different tabloid. The disguise it with the death of a thousand cuts, safety measures which make it impossible to own guns; but it amounts to the same thing.

A guy in Municipal Court pled Special Appearance instead of guilty or not guilty. He claimed that he was not properly served with the traffic ticket, because the police officer was a party to the action. He told me that he was willing to take this all the way . I thought, Take WHAT all the way? He was looking at the rules for a civil action, and ignoring the criminal rules. The law may be a seamless web, but it has distinct sections. If the courts were to take the unlikely position that police officers are a party to a criminal action, making it impossible for them to issue tickets, what is gained? If he has the time and money for this hobby; they are his to waste. We are often urged to struggle against yellow fringed flags and drivers licenses on questionable legal theories (the question being if they are stupid or insane). If successful, then what? We have critical issues to address with long term repercussions.

I am often told that paying taxes is voluntary. I know an excellent Clay County lawyer who went to prison for not paying taxes (and nothing more). Al Capone went to prison on only two charges in his life, carrying a concealed weapon, and not paying his taxes.

My office has begun a contest for the most disgruntled employee of the week. So far I have won twice. I d have won more often, but one of my multiple personalities had a bad day.

The Supremes issued some good immigration decisions. They ruled that an alien cannot be imprisoned on secret evidence, and that deportees cannot be indefinitely imprisoned if no country will accept them. This will aid some of the less reputable elements to reach these shores since the Pilgrim Fathers (a bunch of political malcontent cultists with guns). However, when these things go unchallenged, they are often considered such a success that they are applied to the rest of us.

We need a new treasurer for the WMSA Board. Mark has done a great job with it, but needs a break. The job comes with a position on the Board and the opportunity to make policy in the oldest Grassroots group in Missouri, one of the oldest in the country.

BLACK, BUCKSKIN, AND BLUE recounts African-American scouts in the Old West. There is a photo the very image of our LEADE*R. This does not prove that Gary is a Time-Traveling Alien, but, he has never denied it.

We shall overcome.

 


 

Liberty Notes – 17 September 2001

K. L Jamison


 

It is a good day for Liberty.

Buck Cassidy Video, PO Box 216, Hazlet, NJ 07730 (732)888-8245, sells videos of many of the old western series I enjoyed as a boy.

Prohibitionists claim that the 1939 Supreme Court case US v Miller ruled that the Second Amendment only allows the states to have a National Guard. The decision says nothing remotely of the kind. Mr. Miller, a bootlegger, was arrested for having transported a sawed off shotgun across state lines. The US District court dismissed the charges on Second Amendment grounds. The government appealed. By this time Mr. Miller was in prison on other charges. His lawyer was not paid on the appeal, and did not appear. No one appeared for the defense on the appeal. The Supremes listed a long history of late 18th century laws to the effect that every man was in the Militia and provided his own weapon, and abruptly ruled that it could not take judicial notice (meaning common knowledge) that a sawed off shotgun was a proper part of militia equipment. Miller never claimed, and the district court never ruled, that he was in the National Guard. The Supreme Court did not mention the National Guard. The Court only upheld the 1934 National Firearms Act on the very narrow grounds that it did not know if sawed off shotguns were used by state militias. There is evidence that they were and are. Many lower courts have ruled that there is no individual right to own guns, citing Miller for a proposition which it does not even discuss, much less state. This sort of vague reference is used as a substitute for legal reasoning. Miller deals with guns, so any ruling dealing with guns uses it as authority, even when it says nothing of the kind. The people who claim Miller for the collective view of the Second Amendment either have not read Miller, or are lying.

State vs Finklestein has ended with a defense verdict. Officer Finklestein was a Claycomo Police Officer working off duty security at an apartment complex in Jackson County. He was asked by Kansas City Police to watch for a specific individual who had warrants. When the guy appeared, the officer opened the passenger door and asked him to get out. The suspect gunned the engine and started to drag the officer. People have died in this fashion, so the officer shot him. He died. Black suspect, white cop. There had been several black suspects shot by white cops, only this time, the white cop was from Clay county, and not a Kansas City cop. The Jackson County prosecutor could prosecute without political repercussions, and did. Justice triumphed. The next day a suspect tried to drag a Kansas City officer, who used his new Glock. This time the bad guy lived. We shall see.

The Kansas City Police have replaced their S & W Sigmas with Glocks. That agreement with S&W is really working out for them. I hear that the Sigmas do not function reliably.

J & R Guns in Kearney is out of business, the Front Line shooting facility is out of business. On the good side, a new Black Powder store has opened in Kearney.         Clear Creek Trading Co is at 818 N. Grove, just north of town in a fenced in building just after the road curves to the east. Like all 19th century establishments, they have a web site http://www.clearcreektradingco.com

I checked on Al Capone’s criminal history. He was convicted on failure to file income tax, failure to pay income tax, and evasion of income taxes. Oddly enough, the evasion of the tax on liquor was not pursued. This rough tough gangster whose face bore evidence of willingness to stand up to a knife fight, was afraid of a needle, and died of syphilis. I supposed he was afraid of condoms too.

Inspired by such American legends, I went for a physical. The doctor says that I’m not dead, and he can prove it. I was pleased to learn that medicine can screen for prostate cancer with a blood test. I (unlike Mr. Capone) prefer a needle to the undignified manual examination. However, dying of prostate cancer is more undignified by far. Like everything else, if they catch this early enough, they can do something about it.

My little sister, the Doctor, is authorized to pronounce people dead. She spends her training and career fighting death, but the state trusts her profession, and no other, to recognize it when it appears. For the record, Little Sister is still mad about some things I did during the Eisenhower administration. If she pronounces me dead, I want a second opinion.

The California “safety” test for handguns is passing many cheap guns, and failing many expensive models. Companies complain that it is an expensive boondoggle, which is what it was intended to be.

Missouri Valley Arms Collector Association has a web site at www.mvacagunshow.com.

A bill was introduced in Congress, H.R. 1112, to restrict muzzle-loading firearms in the same way as modern cartridge guns. This means background checks and permits for flintlock pistols and rifles, antique or reproduction. The prohibitionists do not even pretend that that the old guns are the “preferred weapons” of gangsters, they hate gun owners and want to make life miserable for all of us. The bill is probably not going anywhere, but that is how the Brady law started, that is how the “assault weapons” law started, that is how they all start.

Reading IBM and the Holocaust answers how the nazis were able to identify the Jewish population of not only Germany, but the nations they occupied. They gathered records from all possible sources, and expended huge amounts of manpower to enter this information onto IBM punch cards. They were then able to identify people who did not consider themselves Jewish, who did not know they had a Jewish grandparent. Without this information the holocaust would have been a bureaucratic nightmare. This is the danger of the “minor”, “reasonable” registration of guns. There is only one reason they want to know where our guns are, and who the gun owners are.

There is much speculation on the authors of the recent terrorist attacks. The names thrown around are from the Islamic world. Our enemy is not the Islamic world, our enemy is those persons who use Islam as an excuse to exercise their perverse blood lust.

Many claim that the terrorist assault was too complicated for a single organization. The most complicated part of the attack was someone with enough skill to fly a plane into a building which covers several city blocks. Terrorists have conducted cockpit training for over thirty years. It is not hard to guide a plane in the air, landings and takeoffs are the hard part. If one has fanatics willing to die, one only needs a support network for safehouses and money to support the terrorists and buy their tickets. In an open society such as ours, a support network is not hard. It is odd that there were 19 terrorists. This is a lot of suicides to recruit, support, and keep motivated. Doing so in the target county (that’s us) is a security risk. The support network did not even need to see the terrorists, much less know the mission. Both targets were high profile, very large (hard to miss even for amateurs) and mass casualty.

The only way to deal with terrorists is to send out young men with short hair and long knives to kill them.

There is a day of mourning proclaimed for the victims. We do not need a day of mourning proclaimed, we will do that anyway, we need a day of resolution, we need a day of revenge.

WMSA has voted to endorse the NRA Bylaws Amendment providing for State-elected Directors on the NRA Board. This would have 50 NRA directors elected by members in their individual states, and 25 at large. This would ensure that at least one member of the NRA Board was familiar with the needs of his state, and presumably responsive to the concerns of the local members. Six other NRA state affiliate organizations have endorsed the proposed by-law, including Missouri Sport Shooters Association.

I checked. The M-79 Grenade launcher has a barrel of 14 inches, the M-203 is about that. The Army issues a buckshot round for these guns. So, the Army does see a need for sawed-off shotguns, a very large-bore need, and they are proper militia equipment. Mind you, the feds will take a different view. Anyone who wants to be a test case, call my office. No; first get a barrel of money, then call my office.

Ted Nugent mentions that Jimi Hendrex saw his guns and thought that he was “far out”. He points out that he and his guns are going strong, while Jimi and other rock stars are dead of drug overdoses.

I was watching a Discovery Channel program on prostitution. Can’t pick these things up in the street. It seems that in Jim Crow New Orleans, the town fathers decided that the red-light district had to be segregated by race. They thought that the prostitutes would not, could not, resist. Once the precedent was established, the rest of the city could be segregated. They failed to consider that prostitutes know a number of lawyers (get your mind out of the gutter and certain similes). They also meet a number of politicians (put your mind back in the gutter). Some of the madams were rich. They fought the proposal, and prevented segregation. We have to fight evil on behalf of some disreputable types. It is interesting that some ladies, of completely European ancestry advertised themselves as “quadroons”, a lady of 1/8th African descent. It seems that in Louisiana this is a real turn on.         Advertising does make a difference. Right now the public finds gun safety a real turn on, so, we advertise ourselves as leaders in gun safety.

Speaking of which, the WMSA board is looking into putting up billboards. This will give us name recognition above the heads of the media. The only problem is that a worthwhile effort it will cost a minimum of $6,000. We think the exposure will be worth it, however, the $6,000 is a problem. If you were wondering what to do with your tax refund, now you know.

I spoke to Neal Knox. It is a given that an anti-terrorism bill will pass congress.         The last two such “anti-terrorist” bills had substantial provisions against us.         According to the prohibitionists, we are the terrorists. Osama bin Laden is only a means to destroy us.

Neal Knox makes the point that the terrorist attack was based in a no-gun zone. If it was not a no-gun zone, they could not have succeeded. It is assumed that the passengers on one aircraft attempted to re-take the plane, and in the battle it crashed. Pundits asked why no other group of passengers made such an effort. I would guess that the fourth plane got lucky, to an extent. Someone had the leadership to resist. This is unusual. We are taught not to do this. We are taught to call for help, and wait patiently until it arrives. We are taught that under no circumstances are we to take responsibility for our own lives. The last words of one passenger who fought back were “let’s roll”.

On 11 October, 2001 between 1100 and 1300 (11:00 AM and 1:00 PM for those in the National Guard) there will be a pro-gun rights demonstration in front of the Kansas City Star, 18th & Grand. The Star promotes hate against gun owners, opposes all pro-Second Amendment proposals, and favors all anti-Second Amendment proposals, and then claims to support the Second Amendment. We will have a new concealed carry license bill within six weeks; they will oppose it. They are an ongoing insult to the gun community.

I notice that some judges insist on taking guns away from police when they testify. I’m not sure what they fear from an armed police officer. The prohibitionists hate us all.

I’ve reviewed GANGRENE AND GLORY about Civil War medicine. There is a report from a period doctor on African American troops. The old doctor said that one advantage was that African troops eat less than white troops. Obviously he never met our Gary

We shall overcome.

 


Liberty Notes – October 2001

K. L. Jamison


It is a good day for Liberty.

• The Anthropology Museum at the University of Missouri at Columbia contains a world-class exhibition of bows and arrows. Exhibits from around the world an many ages include accessories and manuscripts on archery. It also includes a modern bow referred to as “Harry Drakes unlimited footbow”, which reputedly fired an arrow 2,000 yards. This feat seems to have been in one single shot, and not cumulative over the life of the bow. It was not until revolvers became available in 1840 that guns were a decided advantage over bows in combat. For centuries, the only advantage to guns was that a man could learn to be accurate with a gun in a much shorter period of time.

• BEYOND THE RHINE, by Donald R. Burgett is the autobiographical story of the last days of Nazi Germany by a trooper in the 101st Airborne. He liberated concentration camps, and met unrepentant Nazis. Some did not want to obey the occupation orders, until he pointed his .45 at them. One nazi thug looked down the barrel, said “big”, and complied (and Col. Cooper says “told ya”). Another trooper captured a .25 caliber Thompson gun in a warehouse of guns from different countries and ages. The half-sized gun worked.

• I’ve come across some gun magazines from the mid-1960’s. In those days any 12-year old could get a Luger by mail for $50, and a 32 round drum magazine for another $9; or an M-1 Carbine with 30 round magazine, an M-1 or M 14, or 20mm anti-tank gun (with all its Unintended Consequences), or many other guns. Yet, children were not killing each other. Guns are not more available now; they are much less available. Something has changed, and it is not the increased availability of guns.

• The NRA’s American Rifleman used to have a column called “A Case of Interest”. Written by a judge, it reviewed cases of interest to the shooting community.         Blade magazine has a regular feature called “Your Knife Rights”, which is always of interest. This was a good idea and should be revived.

• I have a handbook which appears to be for soldiers of the Swiss Army. It has much good information and would be quite useful if it were not in German; or perhaps if I spoke German. Some books are more useful than others. I buy books for use, I do not usually collect, however I have been forced to make an exception. At the last MVAC show, the last gun show on Front Street, I bought a copy of the Bible autographed by the Author. Couldn’t pass that up.

• We are at war. The president gave a hellfire and damnation speech. He gave an ultimatum to people the Afghans think are fanatics. This will be long and bloody. There will be no stunning victories. It will be fought by young men with short hair and long knives; killing one by one.

• It is astonishing how nice people are to you when you are giving blood. Even when they know you are a lawyer. It is my only opportunity to have a pretty lady hold my hand, even if it is only to take my pulse. When she took my hand, she asked if my blood pressure just went up. Well, yes; I’m old, not dead. The only way for old soldiers to fight this war is to fly flags and give blood. Just after the 9-11 attack, there was a rush to give blood. Blood is only good for a few weeks. By the time this is published, there will be a critical need for more blood. Donate blood; they give free cookies.

• Gun Owners of America warns that the DoD authorization bill has a provision allowing the destruction of privately owned weapons and accessories which have ever, at any time, belonged to the military. The NRA has joined this warning. This bill is blatantly unconstitutional (depriving persons of property without due process of law), however it might be used to destroy the Civilian Marksmanship Program (old DCM). This is a private corporation which sells former military M-1 rifles to high-power rifle competitors. This program has long been a target of the prohibitionists.

• There is a danger that anti-gun measures will be attached to anti-terrorism measures. Callous prohibitionists will attach anti-gun measures to any anti-terrorism bill that is moving. To them we are the terrorists, all of us. Remember the slanderous cartoon they did of Charlton Heston as a hijacker. Keep alert, and keep those cards and letters coming.

• I was in Kansas City Municipal Court on a gun case. My client was charged with carrying a gun openly in a government office building; Truman Medical Center.         Obviously the hospital is a private corporation and not a government office. The prosecutor tried to bootstrap an argument that it was a government building because it accepted government money. Hell, I accept government money, by that standard my office is a government office. We won, but the court chose to lecture on the need for a city ordinance against open carry and hoped that “in the current climate” it would pass.

• There is no definition of a government office in the Missouri statutes. From the language of the law, it would appear to involve some governing function, administration, ministerial, enforcement, traditional “I’m from the government and I’m here to help you” stuff. There is a large body of law on sovereign immunity; when a government function is immune from lawsuit. Some hospitals and other activities owned and operated by government have been found to be covered by sovereign immunity, at least for some purposes. Since Missouri’s law was a reaction to reconstruction era violence involving government offices, I do not think hospitals and campgrounds are covered. But, I just work here, I don’t make policy.

• A carjacker was convicted in Jackson County Missouri for 1st degree murder in the dragging death of a six-year-old boy. The mother tried to pull the boy out of the car, but he was tangled in his seat belt and was dragged to death. This is the same prosecutor’s office that charged Officer Finkelstein with second degree murder for shooting a suspect who was dragging him. I keep saying, it doesn’t have to make sense, its just the law.

• I want a blaze orange tie with green stripes. Blaze orange is the gun safety color, our color, green is for the volunteer rifle companies of the Revolution, and before, and after. I have found no blaze orange ties. I have a “burnt orange” tie, (not the same thing) which I will wear in my next arson case. I have found white ties, which I dyed orange, not a satisfactory result. I have found a number of green ties in thrift stores. It appears that a number of people sober up after St. Patrick’s day, not all, but many.

• Since the 9-11 attack, I have seen statements about “ragheads” who ought to go back where they came from. I knew an American Indian who subscribed to this theory, in a much broader sense. I would like these bigots to go up to Massad Ayoob, call him a raghead, and tell him to go back to the Middle East. But first tell me when and where, so I can sell tickets.

• Massad Ayoob has written an article asking if all police officers should carry the same gun. It seems that all police officers will carry the same gun, and it will be a Glock. I don’t know why.

• One of my clients is from the Middle East; he was taking pilot lessons. He says the FBI was very nice.

• I remember reading an incident from the days of old sailing ships. The hero had gotten crossways with the ship’s cook, who took to intimidating him with a large kitchen knife. The hero bought a knife and wetstone from a shipmate and made a show of sharpening the knife. After a few minutes of this, the cook came over and offered to be friends. The trouble is, I cannot remember if this is from Two Years Before the Mast or Seawolf or perhaps some other book I have confused with these two works. Someone should invent a machine where you could store information and search and compute which book has the desired information. They could call it a compute machine. Such a device would be very complex and certainly not everyone would be able to use one. A machine containing 64,000 bits of information would be about right.

• There is some nonsense about President Bush not going directly to Washington DC on 9-11. This would have put the president and Vice-President in the same place when another terrorist attack was expected.

• Phil Donahue is claiming that we should talk to the terrorists, that if we do not, more innocent people will die. After 10,000 years of organized warfare, he thinks we don’t know that innocents die in war. More to the point, what kind of conversation does he expect us to have with people who crash airplanes into civilian targets? Innocent people will die, no matter what we do. The only question is if we will shoot back. The only choice is to conform to whatever the terrorists want, abandon Israel, make Islam the state religion, pull women out of school and work and put them in personal tents, and then I think they will find other stuff they are mad at.

• Emory University is requiring Michael Bellesiles to defend his book ARMING AMERICA. This is the book which claims that few Americans owned guns before the Civil War. British records of the Revolution show that whenever they left their strongholds, disaffected locals shot at them. For Bellesiles thesis to be correct, the same wagon-load of guns would have to be freighted from Maine to Georgia, the Atlantic coast to the Mississippi, just in advance of the British. The logistics of the time make this highly unlikely. Extraordinary claims require extraordinary evidence; Bellesiles claims were accepted without question by the media. Historians began to trace his footnotes. They found that his quotes were out of context, contrary information was on the same page, or the quotes did not exist. Bellesiles claims to have researched probate records for 1840 & 50’s California. These records were destroyed in the earthquake of 1906, there are no known copies. Probate records in states which still exist contradict his claims. They show four times as many guns as he claims they show. Bellesiles claims the records show old, rusty, and broken guns. The records say nothing of the kind. When prohibitionists make claims, they are accepted, when we present research, they claim that our results are contrary to prejudices, and could not possibly be true.

• UMKC Law School’s Federalist Society hosted a debate on gun maker liability for crimes between Professor Jeff Thomas (for the prohibitionists) and Larry Pratt of Gun Owners of America (for the good guys). The professor began by assuring everyone that he was a liberal, as if that justified his expertise and credentials. He claimed that the issue was not about banning guns, although he made it clear he favored such an approach. Mr. Pratt took a Constitutional rights approach. These suits are clearly to make guns too expensive for general ownership. A fee many times the value of the object is clearly confiscatory. The professor claims that crime is a cost of ownership of guns, that victims do not get the benefit of gun ownership, only the cost, and therefore the owner should pay. This is a perfunctory and incomplete analysis. When running a liquor store, I found a guy beating his girlfriend in front of my door. I showed him my gun and told him to stop. He did the sensible thing. This lady got the benefit of my gun ownership, but I doubt she will help pay for my gun, especially if the professor gets his way and they costs some thousands of dollars, per ounce. The professor graciously allowed that the surplus costs might only be applied to companies which sold guns of which he disapproved. He disapproves of companies which sell guns that shoot armor piercing bullets, sell through the mail, and out of car trunks at gun shows. He thinks guns are sold through the mail.

• WMSA Board member Dean Johnson put on a presentation on Civil War re-enacting at the July general membership meeting. Dean portrays a half-starved Confederate infantryman. He is really good; he has to be. Dean’s group does not run up and down hills, they shoot targets, best shot wins, as it should be.

• Dean will not give his son in the service a pistol. He is upholding the family tradition and getting him a BAR. He will get him a shoulder holster.

We shall overcome.


Liberty Notes – November 2001

K. L. Jamison


It is a good day for Liberty.

• On 20 October, 2001, I went to a Militia Muster at Ft. Osage conducted by War of 1812 re-enactors.  Part of the program was the “funeral” of Private Smith in a cemetery where 48 soldiers of the period are buried.  The militiaman preaching the funeral stated, “We are at war.  In war heroes have always come forward.”  This struck a cord in all present.  I fear we will bury many Private Smiths before this war is over.

• The 1812 re-enactors, like all good 19th century organizations, have a web site, http://www.dell.homestead.com/1stusinfymorangers1812/1stUSMORangers.html

• The series “Seventh Heaven” had an episode in which the juvenile victim of bullies obtained a revolver in order to take revenge.  It may have only seemed like I saw more commercials for this episode, but they kept saying that 22 children die each day from gunshots.  This is true only if you count everyone who has ever been a child.

• We still hear that having a gun makes you 43 times more likely to kill a family member.  If this were true, all the NRA members would be dead.

§§§

I am stuck by the persons who do not accept defeat regardless of the evidence, or until very late in the game.

  •   I read about a Richmond woman in 1865 who saw a Union cavalryman ride into town on a fine horse and with uniform equipment.  Accustomed to the worn out Confederate mounts and rag-tag equipment, she though the man to be an officer.  When she realized that he was a private, she also realized the Confederacy could not win. Two weeks late Lee surrendered.
  •   In December, 1944, a German officer realized that allied artillery could destroy his guns, but he could not destroy theirs, it was mathematical, they were loosing.  The fact that they had been driven to the borders of Germany did not enter into his calculations.  Six months later, Germany surrendered, fighting valiantly to the end in a bad cause.
  •   The Flat Earth Society continues to insist it has the one true cosmology, and persons insist that no man has walked around the earth with the unshakable logic that it is not possible, and so did not happen.
  •   Prohibitionists continue to ignore the evidence, scholarly inquiry, experience, everything.  They insist that it is not possible to act in self defense, in the face of people who have done so.  A recent prohibitionist book EVERY GUN IS AIMED AT YOU emphatically claims that no one, NO ONE hunts with a handgun.  The slightest inquiry would show that this is not true.  I suspect that the prohibitionists know that it is not true.  Even if true, it is irrelevant to the right to keep and bear arms.

An example of this failure to realize that one’s side is loosing is reflected in the Emerson decision.  Dr. Emerson was embroiled in a very nasty divorce.  His wife claimed that he was dangerous, and the divorce judge issued an order restraining him from molesting his wife.  The wife later complained that he threatened her, and their child, with a pistol.  Dr. Emerson was charged with the federal crime of possession of a gun while under a protective order.  Dr. Emerson was found not guilty in state court of threatening his wife and child with the gun, and making threats.  His federal public defender (his clinic was in an economically depressed area some uninformed people have called it a slum, this is a mistake, all slums were abolished during urban renewal in the 60’s) moved to dismiss on 2d Amendment grounds.  In a well researched decision, the trial judge granted the motion finding that the 2d Amendment right to keep and bear arms is an ! individual right and striking down the statute on 2d Amendment grounds.  The Fifth Circuit Court of Appeals, in an unusually long and heavily footnoted decision upheld in part, and reversed in part.  In short, Emerson lost, the rest of us won.  The court ruled, in a detailed examination of the 2d Amendment, that it is an individual right.  The court admits that other all circuits faced with this question have ruled that the 2d is a collective right (an absolute right to join the National Guard).  It demonstrates that these rulings are a misreading of US vs Miller, a 1939 Supreme Court Case which did not rule on the collective rights theory of the 2d in any way.  These other circuits, made vague reference to the Miller case as a substitute for legal reasoning.  The only case to give a detailed consideration of the 2d is the Emerson decision.  This is a landmark decision in our favor.

The court ruled that all rights are subject to reasonable limitation, and the law against possessing guns while under a protective order was reasonable.  So, Dr. Emerson goes back to the district court for trial on this count.

Reaction of the prohibitionists was predictable.  They lied.  The “Violence” Policy Center claimed that the Emerson decision was a victory.  It claimed that the court decisively rejected the “radical” view of the “gun lobby”.  In no way is this claim true.  The Brady Policy Center (also known as HCI) claimed that the court rejected what they called the NRA’s view that the 2d allowed wife beaters to have guns.  This is only partially true.  HCI won that battle, for the time being, but lost the war.  Various anti-gun organizations have said that the ruling is an aberration.  This is true, but then Brown vs Board of Education was an aberration too.  Segregation was the accepted rule until that landmark decision ruled that it was unconstitutional.    The Court of Appeals ruled that the very reason for existence of these prohibitionist groups is false, that Americans do have an individual right to own guns and that the prohibitionist’s increasingly hysterical claims to the contrary are wrong.

The dissenting opinion in Emerson claims that the 2d Amendment ruling was “dicta”, and not binding.  The term “dicta” refers to comments by the court not essential to the outcome of the case.  The dissenting opinion is wrong.  Emerson claimed that the law against possession of guns while under a restraining order violated his 2d Amendment rights.  To rule on this issue, the court had to determine if the 2d was an individual right.  This they emphatically did.  The court could not get to the effect of the statute on his 2d Amendment rights, without determining if those rights were individual, collective, or belonged to the state.  If they simply stated, as did the dissent, that the law was constitutional, the question is “why?”.  The dissent would construct the penthouse, without first building a foundation.

§§§

• There is much nonsense that the 911 attack is our fault, because we do not consider why people hate us, or that we supported Osama Bin Laudin to begin with.  People hating us is not new.  Eighty years ago, Will Rogers wrote that America is blamed for everything that goes wrong; hunger, pestilence, or tight underwear, we did it.  He visited a country were criminals had escaped from prison.  American movies were blamed for giving the prisoners that unique idea.  It is easy to hate us, it gives a focus for anger and frustration, and costs nothing.  We did support Osama Bin Laudin.  He was fighting the Soviets, and at the time, they were the greater enemy.  We supported Stalin against Hitler, who at that time was the greater threat.  During the war we supported a great many people, who shot at us and our allies after the war.  We supported Huk communists in the Philippines (shot at us after the war), Mao in China, Ho Chi Minh had an OSS advisor.  Allies of necessity have gone bad on us before.

• A federal prosecutor in Washington state has been murdered.  Gun rights activists are mentioned as suspects because of his work in 1997 to further restrict state gun laws.  They cannot seriously believe that someone was so angry over his (failed) efforts as to commit murder, and so patient as to wait four years to do it.  It is simply another excuse to slander us all.

• Brad Alpert, WMSA Board Member and Bullet Editor, (other things too, but some things are harder to live down) once wrote that prohibitionists dance in the blood of tragedies.   After the 9-11 attack the “Violence” Policy Center has claimed that American companies sold .50 caliber rifles to Osama Bin Laudin.  Their source for this is a terrorist currently on trial who claims that he helped pack the rifles in the late 80’s, provided by the CIA. Of course, American gun companies cannot sell overseas without State Department approval.

• A New York anti-hunting group demands that hunting season be cancelled because hunters are like terrorists.  Hunters wear camouflage and do not have to tell the government where they are.  I could live without the camouflage the “gray, green-print, walking suit” from my Army days no longer fits.  Checking in with the government is where I draw the line.

• I made my youngest son, my treasure, my jewel, my joy, my Supreme Commander of Dish Washing.  Of course, if he doesn’t do a good job, I will make him Deputy Supreme Commander.

• Abdul came by to work on my computer.  Abdul is an American citizen by choice, rather than biological accident.  I asked him how computers work, he says it is by magic. This explains a lot. That girl Willow on “Buffy the Vampire Slayer” went from computer nerd to witch with entirely too much ease. Abdul says that a demon is placed in each computer so that it can communicate with other computers. As I understand it, this is the essence of the government case against Microsoft.

• A former WMSA member was forced to kill in self-defense.  A trespasser attacked him, threatened him, and then showed up at his house with a shotgun and more threats.  Believing that the attacker was aiming at his wife, and with his daughter coming home from school, our friend was forced to kill.  When I arrived on the scene, he was in handcuffs, a police captain said that I could not talk to him.  On the contrary, I could talk to him and did, telling him to remain silent until I sorted things out.  The captain recognized me as having written on gun matters and gave me a thumbs up.  Police became much nicer as it developed that this was self-defense.  The forensic evidence supported our case.  After going over events with our friend, and finding that he was quite upset, but focused and able to talk coherently, I advised that we give a statement.  I would not advise this in all cases.  The important thing was that he had an unambiguous case and could articulate it.   A consideration was that he would make a video statement, which showed his wounds from the original assault, and his attitude was clearly shaken by events.  An early statement is always considered more reliable.  However, I would not usually recommend a statement this early in the case.

• On 22 October, 2001, Missouri Governor Holden held a “Homeland Security” town meeting in Gladstone, hosted by state rep Phil Willoughby.  It was an opportunity for the governor to wrap himself in the flag.  I am still not clear on what a “Homeland Security Advisor” does at the state level, other than argue with the National Guard and Highway Patrol commanders.  We were allowed written questions.  Mine was if he would support the concept of a license to carry so that citizens could defend themselves from the more common, terrorism of crime.  It was transformed to, “Do you support putting concealed carry on the ballot again?”  His reply was an emphatic, hate-filled, “NO!”, to some laughter and applause.  Later, Rep Willoughby, my rep, saw me in the hall and called me by name.  I had met him once, a year ago while working a polling place.  He said that he wanted to be sure my message was asked. I told him of our experience with the governor’s hate, which surprised him.  Last year the governor waffled.  Now he has made a decision, publicly.  He hates us and thinks he can get away with it.  We shall see.  The governor is willing to bring the entire Democratic party down if he can get re-elected.  Still, Democrats protect him.  Republicans seem afraid to put his feet to the fire.

• Some 250 gun nuts attended the Harrisonville Friends of the NRA.  Food  and fellowship were excellent.  I want Lady Linda to know that I tried to prevent Gary from eating the brownie we were served, but, getting between Gary and food is never a good idea.  He only ate the corners, it being well known that there is no sugar in the corners.  However, in cutting off the corners he created new corners, and so on; much like prohibitionists finding horrible loopholes in laws they push through.  Gary won a Kimber .45.  I bought a lady’s NRA watch.  I don’t have a lady to give it to, but am taking applications.

• A License To Carry (LTC) bill will be introduced in the 2002 Mo. legislature.  Last year one was introduced, and promptly ignored, though Holden admits it had the votes to pass.  Tell your politician thing that we provide support based on actions, not words or political illusion.

We Shall Overcome.

 


 

Liberty Notes – December 2001

K. L. Jamison


It is a good day for Liberty

I was reviewing THERE ARE NONE SO BLIND, an excellent history of disregard of intelligence during Viet Nam. It reports that Ambassador Lodge kept a .357 magnum in his desk.

Reviewing NAVY SEALS, I found a section on how the WW II demolition teams dismantled Japanese defenses after their surrender. They found cases of Belgian shotguns the Home Guard was to use in the final battle. I would love to know how those shotguns got there, I would love to know where they went, but I am afraid it involves many fathoms of salt water.

Our friend who was forced to kill in self-defense will not be prosecuted. The prosecution declined to file charges. This is unusual, they usually send it to the Grand Jury and let them make the decision.

I was at a forensic law seminar in Wichita Kansas. I only went to deepest, darkest Kansas, because Phil Journey was doing a section on firearms. He gave a very good basic seminar. Any of our members would know this material, but I saw lawyers paying rapt attention, obviously never having heard that the hole in the barrel goes all the way from one end to the other. This is why the NRA has a list of lawyers. Part of the seminar was in the old county courthouse. This is one of those fine old buildings that looks like a courtroom, and not a Howard Johnsons conference room. With high ceilings, and a carved wood judge’s bench, its a courtroom in which a man would be proud to be sentenced to death. One of the instructors had watched a case in the state court of appeals involving bank records. The bank claimed the privacy rights of their depositors. One judge asked if, since 9-11 anyone could claim a right to privacy. If a judge, could seriously ask such a question in relation to a bank case, those of us in the movement are in trouble. I read an article in which law enforcement complains that terrorist suspects will not talk. Those spoke wistfully of torture. When law enforcement floats trial balloons about using torture, we all have to worry.

Gun shops report a spike in sales after 9-11. States with License To Carry report more applications. Shop owners tell me they are seeing new faces. We need to reach these people. At the suggestion of SACMO, we are getting the addresses of people who applied for permits to buy pistols. This will allow us to reach people with safety and organizational information. Some sheriff’s departments charge from $3 to $5 a page for a permit. This becomes too expensive. Asking only for names and addresses in an electronic format works much better.

The book THE TEMPLE BOMBING covers the terrorist attack on the Atlanta Temple during the Civil Rights era. It also covers local Jewish, bigot, and civil rights history. After WW II, a new Rabbi came to the community to find that his congregation had gone native, more Southern than Jewish. His first objective, was to make them more Jewish, then righteous Jews. His first step was to demand that mothers not send kids to Hebrew School with ham sandwiches. Many of his congregation ate ham, it is alleged that the Rabbi partook. His point was that the Temple was special, and must be treated as such. We have the same problem. We must have some gun owners take the first step to identify as gun owners. The first step will have to be small, but it must be taken. Accepting the small principle that all shooting is a sport, and all gun ownership legitimate is a start. The book quotes the Talmud, “It is not required that you complete the work, but neither are you allowed to withhold your hand from the work”. Some of the congregation was unwilling to aid the civil rights movement, thinking that they would be targeted. They were targeted anyway. In the play “Driving Miss Daisy” (but not the movie) Miss Daisy is informed of the Temple bombing and blurts out “Don’t they know we are Reform?” Meaning that Reform Jews are like other Southerners, unlike the Orthodox Jews who look and dress and act decidedly and deliberately different. Despite attempts at assimilation, the bigots saw no difference. No matter how we compromise, the prohibitionists see nothing different; all gun owners are the same to them, trap shooters, cowboy action, personal protection, we are all the same to them. We meet gun owners outraged over restrictions, but afraid to do anything for fear of being targeted. We are all targeted. Prohibitionists think that all shooting is practice for murder, and all gun ownership a threat.

THE TEMPLE BOMBING also mentions a criminal defense lawyer, one of the few of the time who would represent African-American defendants. The attorney recounts hostility to daring to present a defense. He was often refused hotel rooms, and slept on pews in African-American churches, while church members mounted armed guard for protection.

Massad Ayoob wrote an article about the use of small arms during the Pearl Harbor attack. A Japanese pilot records watching an American shoot at him with a .45, one enemy plane may have been brought down by pistol fire. According to the article, an officer drove up to a group of servicemen firing at the enemy and told them to stop, they would only make the Japanese angry and they would shoot back. This is a response we see among gunowners. They fear taking any action in defense of their rights for fear of provoking the prohibitionists. This is merely an excuse for doing nothing. For over a century prohibitionists have attacked our rights and demonized our members. They have never stopped. The only thing to slow them is our own action. Without a defense, they will have everything their own way, it has happened elsewhere. The best defense is a good offense.

Some claim that a complete ban cannot happen here because the Second Amendment forbids it. The Second does forbid it, but like a fine .45 auto, a legal defense is only as good as the person that uses it. If the person expects the gun to jump out of the drawer and run about doing all the work itself, he will be disappointed. It is the same for the Second.

The reaction to the tape of Bin Laudin boasting of his part in the 911 attack sounds familiar. There are Islamic Fundamentalist claims that it is a fake, and there he never did such a thing, it is a Jewish lie etc. Yet, a journalist attended a fundamentalist school and found students, proclaiming Bin Laudin’s innocence, and showing pictures of Chicago’s Sear’s Tower, and saying “this one is mine”. This reminds me of recent nazis who claim that the holocaust never happened, but it should have.

I attended a firearms auction in which the auctioneers could not pronounce the make or model of the guns, seemed vague about shotgun gauge and shot size. It pays to work with professionals, who know what they are doing.

In giving blood, I have had a mild rash where the antiseptic was swabbed on. It appears that I am allergic to sterile conditions, but not germs; must be a lawyer thing. My sister Kim, The Doctor, tells me that I must be allergic to iodine, betadine and phisohex. If I could get her to give me a note that I’m allergic to gun control I may be on to something.

At an auction, I purchased a couple of personalized rifles. One was a Spanish Mauser captured by Teddy Roosevelt on San Juan Hill. Because it was captured in Cuba, Teddy carved his initials in Spanish, which are “AM”, which I did not know. The other was an SKS carried by Mao Tse Tung on the Long March. A literal change of Mao’s name from Chinese to English letters has it spelled NORINCO, which I also did not know.

After bidding on these rifles, I put in the yellow sheet for “instant check”, and waited three hours for approval. I have no criminal record of any kind. I am told that because I am an officer of the court, used to have a liquor license, used to have an FFL, and once had a security clearance, I am in more files than usual, and it takes longer. All of these files indicate that I have been checked before and come up clean. This is “instant check” guilty until proven innocent.

Jim Talent is running for the US Senate, the seat held by Jean Carnahan. Mr. Talent came out in favor of concealed carry even after Proposition B was defeated by the St. Louis cemetery vote. We need him.

The newspaper recounts the death of a music critic. This critic wrote a bad review of a concert President Truman’s daughter gave. The president wrote him a letter “Someday I hope to meet you. When that happens you’ll need a new nose, a lot of beefsteak for black eyes and perhaps a supporter for below.”. Anyone writing such a letter today would be arrested for issuing a terrorist threat, or at least made the respondent in an adult abuse action.

A Kansas City Kansas man had a man answer his ad for the sale of a gun. The guy came back later and tried to rob the man. The robber did not consider that this might not have been the only gun the guy owned. We must be careful when doing business with strangers.

The U.S. Supreme Court denied a challenge to New Jersey’s “assault weapons” ban. The local tabloid reported this as “another setback for gun ownership groups”. The phrase “another setback” is putting it too strong. When prohibitionists lost one of the products lawsuits after another, then they lost the Emerson decision, it was never reported as “another setback”. We have a number of victories, now is the time to build on them.

Prohibitionists claim that they only want to keep guns out of the “wrong” hands. Recently reserve law enforcement officers in Cass County were found to have machine guns through the department. They were the wrong hands. A prohibitionist from the “Violence” Policy Center wrote that pilots are the wrong hands, just like teachers are the wrong hands. It does not appear that there are any “right” hands. It does not appear that they think there are any “right” guns either. By some bizarre Goldilocks standard, all guns are either too big or too small, shoot too far, or not far enough, there is no type of gun that is “just right”.

After pressure by all elements of the firearms community, the bill providing for the destruction of all guns that have ever been owned by the military is dead; for this year. We killed the Brady Bill every year until it passed. We must improve our organization and prepare to fight it again next year. Mr. Talent in the US Senate would be a good first step, a reasonable measure, for the children.

We can’t take Dean to topless bars. He wants to dance.

I have an alarm system, when I leave, I push a button and an authoritative female voice tells me to get out, not the first time. Between the alarm, an anti-social dog, the dog’s anti-social owner, and John M. Browning’s best effort, we should keep evil at bay. So far it’s only keeping out girls.

There is a cartoon called “Mommy Liberty” making the rounds. It shows a youthful Statue of Liberty cradling a baby and holding a smoking revolver in the other hand. The caption is “The most dangerous place in the world is between a mother and her child.” We need more like this.

We could use a good song too. With all the artists on the NRA Board, we should have an album. Some clever person could put movement words to an old song, Battle of New Orleans, Yankee Doodle, We Shall Overcome.

Jim at The Armory, has bought J.R.’s building in Kearney. There is a range, a classroom, and possibilities. He will be teaching police courses, of course, private security services, and if things go well in the legislature, a CCW course. He sells a full line of police equipment, except for the doughnuts.

As the legal representative of Santa Clause, we ask that you all have a Merry Christmas and Happy New Year, or we will SUE!