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By Kevin L. Jamison
It is a good day for Liberty.
We have nine months until the presidential election.
The Kansas City Star (a daily tabloid) ran an article on proposed jury instructions for our new Castle Doctrine law. The law says that if someone breaks into your home you have the right to believe he does not have your best interests at heart, and you have the right to use deadly force. The proposed jury instructions retreat from this principle demanding that the jury find that the action was “reasonable”. We fought to create a bright line for self-defense in the home. This proposal goes backwards. The Star, in a front-page editorial insists that the committee’s change is necessary due to predictions of improbable reactions to unlikely events. For example, the Star was horrified at the prospect of a drunk staggering into the wrong home, passing out, and being executed by the homeowner. It was also concerned that a burglar would surrender and be executed by the homeowner. The Star believes its readers to be a bloodthirsty lot. The prosecutor’s association claims that murderers will escape punishment because of the castle doctrine. This has not happened in any other state which has adopted a pure castle doctrine. They think if they keep making this claim that people will not question it.
Jury instructions are important to summarize the law for the jury’s deliberation. They guide the jury deliberation. When one considers that few if any jury members will have been in a fistfight much less a shooting, the jury instructions are crucial.
Every time we have changed Missouri’s weapon’s and self-defense law the usual suspects have predicted blood in the street. They have always been wrong. They have been massively, completely and totally wrong. Yet, the media continues to treat them as credible.
A comedian on “The View” claims that the saints were all hearing voices and the reason we have no saints today is because of anti-psychotic drugs. She is not the first to make snide comments about saints hearing voices, although not all saints report voices. In point of fact, the Catholic Church has recognized saints in modern times. None of these saints are Protestants, but this may be a coincidence.
The Supreme Court is about to make a landmark decision on the meaning of the Second Amendment. Quite by coincidence articles on the dangers of gun ownership have appeared in the press. These are often passing remarks, sometimes in the TV and movie reviews; a forum which gives free rein to editorial comment, imagination and hyperbole. We need to cram the letters column and talk radio in response.
Washington DC has fired its lead attorney in the Second Amendment case. The man had just filed the brief and was practicing for oral arguments when he was canned. Coming just six weeks before oral arguments, this appears to be a continuation of stupid government in Washington DC. It appears that the lead attorney had been on the wrong side of a political faction. The Mayor took the position that political power was more important than winning this case. This is good for our side.
I spoke to the lawyers doing the amicus briefs for the State of Missouri and the NRA State Associations. The various other groups filing amicus briefs appear to be addressing different aspects of the issue. This is good, we do not want to re-plow ground covered by other parties.
In the midst of this good news, the Bush administration betrayed us. We worked hard on both Bush elections. Gun owners were a decisive force in both. The administration’s Solicitor General, the government’s lawyer, has filed an amicus brief asking that the court find the Second Amendment to be an individual right, but before it does that it should send the case back to the trial level to hear evidence if handguns are useful in self-defense, or rifles and shotguns are adequate substitutes. Then it must go back through the appeals process. In this appeals process the validity of the law must be judged by a lower standard under which any rational argument in favor of the law will see it upheld. This administration amicus would flush all the work that has been done so far. While the case plods through the appeals process, the DC ban remains in place. We have to raise money for the case, the District takes it from taxpayers. The administration would set us up for a hearing in which weeping victims would blame guns for their injuries. If we survive this emotional assault, the DC law is then judged by a standard which almost any law will pass. Some have reacted to this betrayal by demanding that all support for the Republican party end, at least for the national party. This is indiscriminate. If one member of the herd in one field is rabid, you do not destroy the entire herd in all fields.
I recently used an ATM for the first time in my life. From media exposure I had absorbed some basic information, for example I knew that I needed a PIN number and a gun. I went all over my bank paperwork looking for a PIN number but was unsuccessful. So I went inside the bank and asked where it was. It seems that I had to make one up. As I left the bank it occurred to me that the money was in the bank, at least bank robber Willie Sutton and I had always assumed so. But clearly the bank expected me to use the ATM and I did not want a major financial institution disappointed in me, or perhaps laughing and pointing. I drove to the ATM, punched in the secret number, and the money whirred out. The gun was less trouble.
Lawyers continue to be outraged at the latest lawyer joke and threaten to riot. However, different groups of lawyers are becoming outraged at different jokes. The divorce lawyers are outraged at jokes aimed at divorce lawyers, tax lawyers outraged at tax lawyer jokes and so forth. Each group demands that the riot focus on the joke aimed at their practice. Lawyers specializing in mediation ask, “can’t we all just get along?” and threaten to riot if we do not. Live in fear.
The author John Mortimer said that he put his very liberal ideas in mouth of his literary creation, conservative barrister Horace Rumpole. This made them sound more acceptable. This is a lesson for activists. Using an unexpected spokesman is a surprise, attention getting and better accepted. The opposition, the media, and the general public expects a shooter to be a white, redneck, intolerant, buffoon. Women and minorities are supposed to embrace the anti-gun position. When they do not it is as if a unicorn appeared bearing our message. The opposition stands transfixed in wonder. Gary Davis realized this. He knew that his race allowed him to say things and deflected criticism.
An apple a day keeps the doctor away, but you have to throw them really hard. Of course, this would be 2d degree assault, involving an object used as a weapon.
President Sheila showed up at the last Board meeting in a military fatigue jacket and still did not deny that she intended to declare martial law. Some people call me paranoid for mentioning this. I just notice what is going on and people call it paranoia.
Patton said that the perfect is the enemy of the good. He was referring to military plans. The principle applies to endorsing candidates or supporting bills. If we wait for the perfect bill or the perfect candidate we shall die waiting and our rights will die. This is not to say that we will compromise our rights. As long as the bill or the candidate advances our rights to any degree, it is good. It must be understood that the next bill and the next candidate must be even better.
I am often asked if I trust someone. My response is always, “to do what?”
In the last issues of the Bullet Larry Swickard and I both said something complementary about Dennis Begley. Experts in conspiracy theory assure me that there is no such thing as coincidence and that such repeated reference must be evidence of a conspiracy. The question is: What conspiracy is involved? We may never know. I went to the lumberyard to get a waterboard for further questioning. The lumberyard denied having waterboards and all knowledge of waterboarding. Nothing proves a conspiracy like a coverup.
Rep Jeff Harris, the Democratic Leader of the House is running for Attorney General. He called me asking for our support. Tim Oliver, an activist from Columbia vouches for him. He has two primary opponents Senator Chris Koster from Cass County, who has always been pro-gun and someone else from St. Louis, about whom the less said the better. Senator Gibbons is the Republican candidate and on our side. There is a very good chance that the next attorney general will be pro-gun.
At the MoVACA Show I purchased some Missouri Home Guard records from WW I. There were a number of enlistment papers which were originally National Guard forms, but had been overprinted crossing out National Guard and inserting “Home Guard”. This is a further indication of the unity of the Militia in modern times. When the Guard was federalized, the unorganized militia was called on to take its place.
Many people fear being “on a list”, some do not. Tom Van Eyck, our gun show coordinator is on many lists; he doesn’t care, he makes it mean something. Tom has his own list of gun show volunteers. This is a good list to be on. Things happen to people who are not on his list. I choose to believe that this is a coincidence, its safer.
The Sarah Connor Chronicles, a new TV show, continues the story of Terminators sent from the future to destroy humanity. This show demonstrates that robots are bad shots. Given calibrated eyes with infra-red capability and automatic weapons the robots cannot hit the broad side of a human. This must be why humanity survives.
I saw a documentary called “The Weather Underground” concerning the home-grown terrorists of the 60’s and early 70’s. Made sometime between 1998 and 2003, it shows that some of the survivors are still delusional terrorists; they still believe. Despite all the rhetoric about killing and bombing, they minimize the killing they did, as if it was the victim’s fault and not theirs. They identified revolutionaries as kids “making love, smoking grass, and loading guns”. They mention frequent LSD trips. And they wonder why their bomb factory blew up. They felt entitled to engage in terrorism because after demonstrations and protests the government had not surrendered to their way of thinking. One mentioned the prevalence of “Sectarianism” in their groups, defined as “if you are not doing things exactly like me, you are no good.” We see this in other groups including our own. They planted bombs, destroyed property and killed people; and were outraged about the FBI efforts to disrupt their organization.
It seems that the Democrats are divided between demanding the electorate prove that it is not racist, or prove that it is not sexist by voting for their nominee. We do not have to prove anything; they have to prove they are the best person to respect our rights and they can’t. The WMSA Board has endorsed Fred Thompson in the Republican primary. This was not lightly done and it was not unanimous. Part of this decision was due to our perception of his electability in the general election. Events may change our endorsement, but nothing will change Fred Thompson’s support for our rights.
We shall overcome.
Kevin L. Jamison
It is a good day for Liberty.
We have eight months until the election.
I watched a movie called “Unfinished Business” regarding the incarceration of Japanese-Americans during WW II. Three Japanese Americans refused the offer of incarceration and were tried for the crime of defying the removal order. The three were Gorden Hirabayashi, Fred Korematsu, Minoru Yasul. Mr. Korematsu took his case to the Supreme Court, and every law student reads the decision which deferred to the judgment of the government. We now know that this decision was based on false representations of Japanese-American disloyalty. When the proof finally came out, the three had to have their convictions expunged. They would have great difficulty expunging a conviction today; there is no statutory expungement authority any longer. The case is significant because in 1942 the Japanese-Americans were presumed disloyal. Today gun owners are presumed violent. Internment camps are not proposed, but a variety of other punishments are in play. For example, Disneyland will fire any employee for simple possession of a gun locked in his or her car in the employee parking lot. It will not, however, fire an employee charged with possession of child pornography. It is nice to see the presumption of innocence respected, however it is only extended to a person accused of a crime, not persons who have not even been accused.
The anti-gun attitude violates the ancient right of presumption of innocence. It is therefore evil.
NRA Executive Vice President Wayne LaPierre writes that 700,000 names are on the terrorist “no-fly” list and wonders if there could possibly be 700,000 terrorists in the United States. This figure does not count the persons with the same or similar name. It is easy to get on the list, impossible to get off; and there are constant demands to prevent these arbitrarily labeled person from buying guns. If this demand becomes practice we can expect the list to expand to include 80 million gun owners.
I am representing a man who was expelled from a trucking school because he kept a gun in his car. The car was never on the school grounds, and there is no claim that he ever threatened anyone. The administration was told he had one, and he was gone. This interfered with his prospects for employment. The basis for the suit is interference with his contract for employment with a trucking company. We cannot sue simply because he was kicked out, it is quite legal to discriminate against gun owners.
Another gun owner consulted me after being fired. The excuse was that he had a gun on business premises. The property in question was a motel room rented by the company while he was doing a job away from home base.
I see that Spaniards in San Bartolome de Pinares honor San Anton, patron saint of animals by riding horses through bonfires. People have a marvelous ability to convince themselves of the necessity of doing nearly anything. I have no doubt about the rider’s belief that the best of all possible actions was to sit in the saddle while his horse does the firewalk. However, I would expect the horse to have more sense.
Most presidential candidates claim to be Second Amendment supporters so strongly that it appears as if they are running for president of the NRA. It is as if we do not know that some of them are lying about their record. They insult us.
I saw my first Hillary for President commercial. I survived the event, it remains to be seen if the country shall. It occurs to me that I can look forward to nine months of this; it takes the shine off of the big screen TVs.
Shortly thereafter I saw my first Obama for President commercial. Takes the shine off of TV entirely.
It strikes me that the Obama and Clinton commercials look like Ronald Reagan commercials. I fear that is all they learned from the man.
A Virginia state senator looked around the state house and observed that they must be considering a gun bill because “the cast of Deliverance is here”. Insults of this kind have been less public since we have shown our political strength, but they have not disappeared.
President Sheila has finally promised not to declare martial law. This usually means that martial law will be declared in a week. She claims, however, that she was never in the military and therefore cannot declare martial law, but she could declare Parelli law, which has to do with training horses. I warned you about those saddles.
I saw a “48 Hours” edition which recounts a woman who shot her husband. There was evidence of self-defense, but, she cleaned the entire house and put her husband in a tub “to take to the police” before she called the police. She failed to fulfill the detective’s expectations for exhibiting trauma. She was convicted. What one does in the aftermath of a shooting can be more important to the legal consequences than the gunfight itself. In rape cases the jury is always warned not to expect the victim to have acted in a certain way, but people involved in gunfights are supposed to display stereotyped reactions, and judges refuse to allow experts in the variety of reactions to trauma. It requires someone to explain the facts of the matter to the jury; and I do parties too.
The Kirkwood City Hall killings teach us several things. The killer surprised a police officer, even if he did not have a gun already, this gave him a gun. The killer shot the obviously armed persons first. Other persons in the room had time to throw chairs. If they had time to throw chairs, they had time to draw and shoot. Any type of resistance helps.
A New York City man entered a psychiatrist’s office and hacked her to death. Another psychiatrist tried to intervene but was stabbed. We are often told that training in interpersonal relationship will eliminate violence. Here two mental health professionals were unable to convince a man not to stab them over and over again. A high school dropout with a handgun and minimal training could have eliminated this violence on the spot.
Following the Kirkwood murders, ABC contacted me for information on Missouri gun laws. It is good that they come to us for such information.
Along the same lines, the Missouri Bar association invited me to submit a podcast on weapons law to the Missouri Bar web site. I had heard of podcasts and I knew that they were significantly different from pod people, but that is all. They made it sound like a really neat things, so I agreed. I was interviewed for about twenty minutes and it and a number of other interviews on other legal subjects can be found on www.MoBar.org. One clicks on a space called “podcast” and a great deal is available. I mentioned the WMSA “Stay Out of Jail” card and gave our web site. We are fortunate that people come to us for such information.
I recently taught handgun shooting to a young man who had never shot before, and another who had not shot in years. I found that the laser sight helped them enormously with trigger control as well as sight alignment.
A woman who helped a murderer escape from prison says that she wondered, “When is somebody going to step in and stop this?” I would point out that she was closest. Some people expect the government to save them from their own stupidity. Such a powerful government is likely to commit its own stupidity.
There is a certain hysteria because an ex-convict in Oklahoma was found in possession of a “.50 rifle”. The rifle in question was a muzzleloader, but that is not mentioned in the general hysteria. The governor of New York promises to restrict these antique replicas, not because they are involved in crime, but because they bring us pleasure.
Whenever I have occasion to spend the night in Columbia Missouri I stay with my sister, who runs a little bed and breakfast. It is a very little bed and breakfast (I am her sole customer). Her solitary customer may account for the eccentric practices of her hotel. There are no mints on the pillows, and on my door she hangs a sign which reads “Already deeply disturbed”.
The Russians have a gun in their survival kit on the international space station. The usual suspects are hysterical over the possibility of someone running amuck. Of course, if an astronaut wanted to kill everyone flipping a switch might do it the job just as well, and someone with a gun might be able to stop it. It is a remote possibility, but it is not as if they can call 911.
Briefs have been filed in District of Columbia vs Heller, the Second Amendment case in the Supreme Court. The Missouri Sport Shooting Association and 39 other state associations joined in an amicus brief. This is a technical term for a “friend of the court” brief. There is also an amicus brief which has been signed by the attorney general of Missouri and 30 other attorney generals. I am still reading the mass of briefs submitted on our side, much less the opposition ravings. Their theory boils down to a claim that the Second Amendment is an absolute Constitutional right to join the National Guard. One hopes that the Supremes will make the right decision. We need to swarm the letters to the editor columns and talk radio programs in support of the individual right to own guns. Writing the Supremes does no good, and may hurt us. They do pay attention to the election returns and may be affected by polls. It is a little thing, but we do what we can.
I have submitted some research to some of the lawyers doing briefs for our side in the Heller case. I don’t know how helpful this was, but I felt like I had to do something.
Jasper County Missouri has passed a county ordinance restricting “cabarets”. They mean juice bars where nude dancing is legal under state law. One of the restrictions is that no one is allowed to carry weapons in such a place, and patrons can be searched without probable cause. It also prevents employment of anyone who is HIV positive, which is probably a violation of the Americans With Disability Act. The statute is illegal because it is more restrictive than state law and violation the Fourth Amendment. Jasper County does not seem to care.
A veteran union organizer was interviewed in 1985 for American Heritage Magazine. He had gone through the often brutal organizing efforts of the 1930’s Depression. He was asked why men risked their jobs and lives when neither could be replaced. He said that it was for dignity. “Dignity was the great thing that came out of union organization. When you think of it, wages in the auto industry were not bad, and nobody had benefits of any kind. So you didn’t realize what you were missing. But what you gained from the union was the right to talk back.” When we began WMSA politicians avoided us, refused to hear us out, and did not respond. Newspapers published cartoons portraying us as Neanderthal psychopaths. This was considered normal. Today politicians contact us, and even the newspaper has muted its insults. This is the result of many years of hard work by many people. Some devoted all their time to the cause, some devoted a few hours here and there working a table at the gun show, folding newsletters or passing out literature. People did what they could, no matter how small and it added up. Keeping our dignity is the current concern.
The city of Berkley California has passed resolutions against a Marine recruiting office in the city, and has aided and encouraged protesters at the office. The Marines shall continue to defend Berkley; it is what they do.
The Brady Center has issued a press release, which has been printed as a news item in at least one newspaper. It purports to rate the firearm laws of the different states. Missouri got four points out of a possible one hundred. We can congratulate the activists of our state for failing the Brady test. The release claims that “in most states, there are few or no laws to prevent gun violence,” and “This is true at the federal level as well.” This is a lie. I call it a lie because they purport to have researched the topic and the most casual reader will find a great many laws governing firearms use and ownership. This is what we are facing.
We shall overcome.
Kevin L. Jamison
It is a good day for Liberty.
We are seven months away from election day.
Mary Mallon, better known as Typhoid Mary, infected 47 people with typhoid fever, killing three. She was diagnosed as a typhoid carrier throughout her life but never believed she was the cause of the outbreaks that followed her. Dr. Linda Hazzard (1908 to 1935) ran a clinic in Washington State. Her treatment regardless of the patient’s complaint was to feed the patient a few ounces of dilute tomato soup and nothing else. Patients died and Dr. Hazzard went to jail, but never lost faith in her methods. When she fell ill, she employed her own starvation treatment and died. In China it was believed that eunuchs would resist corruption because they had no children to leave their wealth. Experience proved that eunuchs have very little else to do except amass wealth, and no children to support their old age, which encouraged avarice. Eunuchs became infamous for corruption, yet Imperial China demanded their use until the throne was abolished. Communism produced various advocates who claimed that they had found a successful formula for Marxism. All of them proved that there were many Marxist formulas for economic disaster. Yet Cyprus just elected a communist chief of state. Some people cannot change a course of conduct despite obvious, persistent and massive proof that what they are doing does not work. This is often given as a functional definition of insanity. This is the attitude we see in the anti-gun crowd. They ban guns, violent crime goes up and they say it would have been worse if they had not banned guns, and they must have more restrictions. They establish “gun free zones”, people use them as murder zones, and they demand more such zones. All their programs fail to perform as advertised and they demand more of the same. They proclaim that License To Carry will result in blood in the streets and are proven wrong. They warn that the Castle Doctrine will result in murderers going free but cannot point to such a case. They claim that it is unnecessary to give immunity against lawsuits to people who act in self-defense because no such person has ever been sued; although we all heard of Bernard Goetz who killed four attackers in the subway, was acquitted on the grounds of self-defense then was sued for $43 million, and lost. For some reason the media continues to regard these hysterics as reliable sources.
Pet Burmese pythons have escaped or been released in Florida and have formed a significant immigrant community in that cosmopolitan state. They are large enough to eat an adult alligator. An alarmed newspaper reporter writes that they are migrating to San Francisco which is said to have favorable conditions for the beasts. It is not reported how the pythons know that San Francisco is a favorable environment. A casual student of geography would point out that between Florida and San Francisco lie a number of rivers, snow-capped mountains, desserts, and farmers with shotguns. It may be early for San Francisco to worry about the great snakes, however given the city’s hostility towards gun owners, perhaps we ought to give them a lift.
I have obtained a number of old American Rifleman magazines. In 1952, the year of my birth, there were many articles about rifle teams, often college teams, many with women. The articles tended toward the highly technical and hunting articles abounded.
In a 1931 American Rifleman the NRA reprinted a note complaining that a club didn’t get it’s NRA charter. The note was signed only “Roger Secretary”, no address, no name of club, not even a full name. If this is an example of Roger the Secretary’s correspondence, this may help explain why they did not get their charter.
The July 1931 American Rifleman had an article about the 5th annual Missouri Rifle and Pistol Association shoot, now the Missouri Sport Shooting Association (MSSA). This would have the MSSA founding in 1927, while my records show it was founded in 1928, no matter. There were a variety of shooting contests, including a machine gun crew shoot. It is not clear if this involved shooting machine guns or teams were composed of machine gun crews firing individual weapons.
An angry contributor to an e-mail forum declared that he would not give the NRA a dime. It seems they had fallen behind on what he believed they should accomplish. Many of us have disagreed with the NRA over some point or another, but there are accomplishments that we should bear in mind. The NRA was instrumental in passing License To Carry and legislation to prohibit confiscation of guns during an emergency and to preserve shooting sports in the flood plain and protecting shooting ranges and other matters for which I do not have sufficient space. This is not everything that we might desire, but it is certainly worth a dime.
Going through my wallet I find a voting card, driver’s license, LTC, Bar Association card, courthouse pass, Social Security card, and library card. The government likes to give us ID cards; they make it seem closer to us.
Guns seized during the Katrina disaster are still rusting in government trailers, a constant reminder of government abuse. When people claim that the government will never seize guns or never seize hunting guns, mention Katrina. Greenwood Kansas suffered the same abuse. Following the Greenwood tornado guns were not just confiscated they were flat out stolen. Homes that had not been damaged were forcibly evacuated and guns were stolen. No record was made of the homes the guns were stolen out of and many simply disappeared. After Katrina, New Orleans was sued, successfully. The experience of Greenwood proves that the government does not learn.
On 18 March, 2008, the Supreme Court heard arguments on the Second Amendment case District of Columbia vs Heller. There is a very good chance that we can play a tape of the arguments at Rally Day on 29 April, 2008 at 10:00 AM in the Rotunda of the Capital Building in Jefferson City.
It is proposed that the rule against guns in national parks be repealed. The usual suspects are horrified making the same hysterical predictions of bloodbath we have always heard. Now they claim that it will lead to poaching as well. Perhaps it has escaped the notice of prohibitionists that places where guns are banned attract a certain breed of homicidal lunatic. Although typically suicidal they do not gravitate toward gun shops or gun shows. They go where unarmed people will be easy targets before armed opposition can be summoned. It is claimed that we could not really use guns in self-defense, that it is simply not possible. Recently a terrorist entered a religious school in Israel with a machine gun. Killing was good until a student drew a pistol and shot him in the head. This proves that a pistol can be used against a terrorist with an automatic weapon. It also proves that when such an event happens, it will not be reported in the Kansas City Star. Where mentioned the student is described as an “off duty soldier” instead of the more accurate “armed student”. The media will not tell the truth, the whole truth and nothing but the truth if the truth if the truth is good for us. They do not want us thinking we might be right. They do not want us thinking they are wrong. They do not want us thinking.
On the eve of the Supreme Court argument in the Second Amendment case, Washington DC police are going door to door asking residents to allow them to search for guns. The project is doubtless designed to tell the Court that guns are a constant danger in the District. It also tells the Court that after 30 years of a gun ban, there are still guns illegally held. Citizens should have a chance to hold them legally.
The District is arguing in their brief that their ban is not a complete ban, that if someone were attacked, that would be justification for unlocking or assembling their gun, loading it and acting in self-defense. However, the District is lying. The District has prosecuted people who have used a gun in self-defense with the argument that they are entitled to act in self-defense, but not have a functioning gun. By denying citizens the means of self-defense, the District makes the right of self-defense a cruel joke.
The Cass County zoning authority says that it is enforcing a ban on more than four pets on rural property because it thinks that having more than four pets is “odd”. I think it is odd that they are concerned about it. I think they are odd for being concerned about it.
A bill was proposed in the Missouri legislature to mandate guns that will mark cartridges when fired. This is technologically unlikely, easily defeated, and if employed will succeed in tracing a gun to the person from whom it was stolen. It is designed to register guns so the government can more easily steal them. The bill has not gone anywhere, but we expect to see it again and again.
A lunatic shoots up a school and we are blamed. A lunatic shoots up the Kirkwood city council, and we are blamed. Gangs shoot up a street and we are blamed. We are even blamed for things that did not happen and will not happen. But if there is a single act of self-defense it is covered up as if it doesn’t count. The theme of this Rally Day is “Don’t Punish Me”. We did not commit any crimes and will not be punished for what others do.
The governor of New York is found to have paid thousands of dollars for an hour with a prostitute. This provides some question as to his judgment, but perhaps there are other matters of which we are unaware. Hiring a prostitute is a crime however the governor is not charged with this error in judgment. He may be charged with a violation of the Mann Act. This well-named statute criminalizes transporting women across a state line for immoral purposes. In law school we were advised that when taking our girlfriends across the state line we should stop and make them walk across. It was not mentioned that the statute is discriminatory, as it does not criminalize women taking men across the state line for immoral purposes, let alone men taking men across state lines.
My local library has DVD’s of the old “Have Gun Will Travel” series. I have watched a few and it strikes me that for a gunfighter, the star typically resolves the conflict without gunfire. This is the way things usually happen in real life.
We have heard nothing more about Sheila declaring martial law, or about the lawyers rioting over lawyer jokes. This proves they are connected. Live in fear.
We shall overcome.
Kevin L. Jamison
It is a good day for Liberty.
We have six months until the election.
In 1996 Senator Obama said that he favored a complete ban on the sale and possession of all handguns. Today Democratic strategist Bob Beckel defends him by essentially claiming that was then, this is now. Now Mr. Obama says that he is in favor of the Second Amendment. Other comments indicate that he has a bizarre idea of what that amendment says.
A Belton police captain told a new resident that he couldn’t carry a gun on an out of state license and that if he did he would be arrested. The captain is as wrong as he can possibly be of course.
Cedar Creek Gun Club has lost a $700,000 lawsuit and suffered an injunction that essentially ends shooting at the club. The club has not killed anyone; the plaintiffs complained that the shotguns made noise. The noise expert proved that the shotgun noise level at the edge of their property is about the level of an ordinary conversation. The plaintiffs testified that their ears rang, they felt the concussion in their chests and that shotgun pellets went over the roof of their home, 600 yards away. Other neighbors, closer neighbors, testified that they were not bothered. The club still lost. This decision encourages suits against ranges out of greed alone. We had enough trouble when they sued us because they hate us. There is a bill in the legislature to protect ranges but the legislature needs encouragement.
There is unaccountable interest in what the world will look like if people disappear. The newspaper did a lengthy article and there are other predictions. The Will Smith movie “I Am Legend” gives a hint of what New York will look like three years after the zombies take over. Not a great difference as it turns out. I do not understand the attraction of considering the decay of all humanity has built, unless there are zombies.
I think that if Senator Obama had to do his primaries over again he would probably not do as well. Events have taken the shine off of him and exposed his feet of clay. A local radio program asks if people in Kenya think of Senator Obama as white or black. My son, College Boy, spent last summer teaching in Kenya and found they consider him a Luo, his father’s tribe. Opinions of his fitness vary depending on the tribe of the speaker. College Boy found that he got frank opinions only when he bought beer for the source. I may try that when I cross-examine people.
My younger son College Boy has a job. I am not completely clear on the matter but it appears that he is going to be a corporate raider. His employer is something called the United States Marine Corporation (“a metal fragment delivery service since 1775”). The corporation appears to be quite large and has branch offices all over the world. It has an entire island resort called “Paris”, (nice romantic name) but College Boy will be going to the executive training facility at Quantico, Virginia. It has a corporate song promoting its branch offices “from the Halls of Montezuma to the shores of Tripoli”; a Corporation song makes the Corporation sound very Japanese but it is proudly, even aggressively, American.
At a gun show I was asked if I needed a plastic bag for my purchase. I replied that I carry a bag to cut down on trash, trash makes Al Gore cry and there is just so much of that I can take. The salesman sympathized, “After awhile it stops being fun.”
I bought a canvas bag at a thrift store. I was asked if I wanted a bag to carry it in. I thought at first this was a trick question, but it appears that it was not.
Actually, reducing trash and saving fuel is a good idea, and has been since the first Earth Day 35 years ago. The new wrinkle is that a company sells “carbon credits” to people with guilty consciences.
We can build a wall until we are out of bricks, and Hispanics will still become a decisive voting block in the next ten years. We can summarily deport everyone without proof of residency, and Hispanics will still become a decisive voting block. The birth rate alone decides the question. The question is whether this decisive voting block will be for us or against us. In the old days political machines built their power by meeting immigrants at the boat and providing what they needed, whatever that was. There is no reason that we cannot do the same. At one time the Daughters of the American Revolution provided citizenship books to help immigrants prepare for their citizenship test. We could do that. The citizenship questions are public information. We could provide a web site with the answers and a link to their elected officials. People could type in their address or zip code and get the names and addresses they need. Our members could also benefit from such a link. We can post the Bill of Rights with short explanations they will not get elsewhere. We can help them register to vote and teach English classes. If we do not, others will, and they are not our friends.
A producer for TV’s Big Brother program contacted me and other NRA State Association presidents. They want an outspoken NRA member to be a member of the household this summer. I posted the information on the internet. It would be interesting. It might induce me to watch the show.
There are many lies about the Heller case. Attorneys for Washington D.C. claim that the Second Amendment was written in order to support slavery. They do not explain this statement, because there is no explanation; it is a lie. They claim that the Second Amendment has seen a conclusive ruling. They refer to the Miller case which said only that the Court could not take judicial notice that a sawed off shotgun was a militia weapon. That was the only ruling in the case, it was not complicated, the case is only three pages long. However, this lie has been told many times and a number of lower courts have cited the Miller case for any proposition related to guns in any way. Such vague reference as a substitute for legal reasoning has been unfortunately common in the last seventy years.
The DC lawyer claims that the Second Amendment is a right to participate in the common defense. This was early in his argument; he led with a claim that this is an absolute Constitutional right to join the National Guard. He claimed that there is a right to have guns ready for self-defense in the District, but DC has prosecuted people who did so. One Justice mentioned that the DC law requires that guns must be unloaded and locked or disassembled. The DC attorney said that he did not read it that way. A law with two interpretations is a conspiracy to convict innocent parties. The District HAS prosecuted people who kept a gun available for self-defense. The District lawyer claimed that a lock could be undone in a second or three seconds (he made both claims). A justice asked if the citizen did not first have to turn on a light, find his glasses, undo the lock and then load the gun. Practicality in the Supreme Court. The age of miracles is not over.
Both the government and the District lawyers argued that restrictions were necessary because of machine guns and plastic guns. They argue that machine guns can kill lots of people at once, although no legal owner has ever done so. They argue that plastic guns can evade metal detectors, although there are no plastic guns, there never have been, and there is no possibility they will be invented. If they are invented, they will still take metal bullets.
Several justices asked if the phrase “keep and bear arms” indicated one right or two. The District lawyer said that it was an exclusively military phrase, but it is not. The government and Heller’s lawyer said that it was two. One justice seemed concerned that under the District’s law one could not carry a gun from one place to another in ones own home. There were repeated questions about self-defense rights.
There are two issues for the Supreme Court to determine. They must decide if the Second Amendment is an individual right and if so what standard of review it requires. They can recognize the right, and then say that it is not one that requires a great deal of consideration. The real question is what standard of review the Supreme Court will adopt. Strict scrutiny is our hope. The government must have a very good reason for a restriction under strict scrutiny. However, the opposition, and I include the administration’s lawyer in that term, argues for reasonable review. If the government can claim any interest at all, the law will survive reasonable review. The constant claim from the prohibitionists is that their restrictions are all reasonable.
While the ATF puts gun dealers out of business for being “hobby” dealers, the viciously anti-gun Violence Policy Center in Washington DC has an FFL. The District does not allow gun sales and the VPC has no sales tax license, but they have not been bothered. It appears that they have the license so that they can get catalogues from the various dealers and know what the industry is doing, the better to be horrified. I recall they were thrown out of the SHOT show a few years ago for not being legitimate dealers, but the ATF has not seen fit to pull their license.
In a history book I ran across the statement of an apologist for slavery who boasted that slavery provided full employment, health and retirement benefits. Let no one say that socialism has not been tried in America.
Condoleezza Rice said that slavery was the birth defect on American Liberty. This is well put. The birth defect required an extraordinarily difficult and bloody surgery to correct. My Great Great Grandfather was intimately involved in this surgery; really, he was a doctor. He was a specialist on the repair of hernias and spent four years amputating arms and legs and wishing for a hernia. Ms Rice is or is not interested in the Vice Presidency, depending on what reports you believe. She would make a valuable addition to a McCain ticket.
President Sheila spoke at the LaFayette Gun Club dinner. I heard part of her speech on the misuse of zoning law which was very good. I was late and missed the early part of her speech which I am told concerned the number of people who had told her that their lives would be happier and more productive if she declared martial law. It was a good speech; a number of people told me they were afraid to say anything against it.
WMSA Board Member Larry Swickard reminds us that if the presidential candidates are less than inspiring on our issue, that makes it all the more important to get out and vote for other offices. We must make the congress and legislature executive proof, in case the new executive decides to take away our hard won gains.
Larry also credits me with the “Jamison dictum” that regardless of other issues we must vote for our gun rights. I do not think that this originated with me. However I must stress that if we lose other matters they could be corrected. If we lose our gun rights we might not get them back in our lifetime. We lost the right to carry concealed in 1879, and did not get it back until 2004. We had the racist permit to acquire system imposed on us in 1922 and did not get rid of it until 2007. I might point out that we did not get back all of our rights in either case. I must also point out, that we have not ended the struggle.
Pirates seized a ship off of Somalia holding the crew hostage. The French Army seized the ship and pirates. Nude pictures of the French First Lady are published, and the French get macho. I just mention the coincidence. Piracy continues to be a problem in that area. Ships are warned not to carry guns as this might irritate the pirates. No one seems concerned about the sailors being irritated by kidnappings and murder.
We shall overcome.
K. L. Jamison
We have five (5) months to the election.
The presidential election continues to provide diversion, much like a car wreck. Senator Obama has rejected his pastor, friend and advisor of over twenty years in what I consider to be odd circumstances. For twenty years the Senator heard his pastor damn the United States and even accuse it of inventing the AIDS virus in order to destroy the African-American population. Of course, the disease first attacked the homosexual and intravenous drug addict populations. The pastor is not concerned with evidence; he proclaims that the US Government is capable of “anything”. But, only anything evil, it seems. The Bush administration has spent huge sums fighting AIDs, tuberculosis and malaria in Africa. This is not for any direct benefit, indeed, the administration does not even get credit for doing so. At some future date Africans may credit being alive to the generosity of the United States. When the Twin Towers were attacked, the Masai tribe sent us a herd of cattle. When Katrina flooded New Orleans, a group of AIDs patients in Africa took up a collection for us. Senator Obama’s pastor does not give America this much affection. The Senator spent months keeping him quiet and defending him all to no avail. When it became obvious that the scandal would not go away Senator Obama could not reverse course and reject the pastor he has so publicly supported. Then quite suddenly the pastor was speaking in very public, if friendly, venues. Speaking from a prepared text he said very much the same things that Senator Obama had previously excused, and the Senator then expressed his outrage that America was being disparaged, and rejected his old pastor. It just seems to me that he had to reject the man to stop the film clips. He had already embraced the man after the old film clips, so he had to reject him for something new. I think that by conspiracy or stupidity the pastor was induced to make a new speech damning America so that Senator Obama could reject him. Of course, I am told by knowledgeable persons that if a political action could be explained by conspiracy or stupidity, that I should pick stupidity every time.
There is concern that of the three leading presidential candidates (as of this writing) none can be said to be on our side. If I were to rate them, I would say that Obama is the worst, and McCain the least worst. If this were the only rating it would take little time. However, Obama is the worst, but Clinton knows were the levers of power can be found, and how to use them. McCain may be the least objectionable, but that is not by much and there is a rumor that he intends to serve only a single term. He may not care what political opposition he stirs up. Still, McCain will face a Democratic congress which will oppose all his actions as a matter of policy.
It is said that voting for the lesser of two evils is still evil, and only serves to move the debate in the direction of evil. It is also said that the lesser of two evils slows the march towards evil. The theory is that if votes are given to a third party this will give victory to the more evil, something we are trying to prevent. Some daring spirits say that we should vote for evil in the expectation that there will be a vast revulsion against it, which we can ride to victory in the next election. This assumes much and gambles a lot. We must remember that Bill Clinton was handily re-elected and his Vice President nearly elected after him.
Of course, we can vote for a third party candidate. Some say that this will teach the major parties a lesson. We have endorsed a third party candidate for president before, the year Bill Clinton was elected. I’m not sure that the major parties notice when we do so.
This is not an easy year for political decisions. I must agree with fellow WMSA Board Member the Learned Larry Swickard. We must turn out in droves for the election in order to vote for other candidates. We must have executive-proof legislatures and congress. We must have mayors and school district members who are on our side. We may spend every day of the next four years as if the Second Amendment is the Alamo. The more elected persons who are on our side, the harder it will be for an executive to promote a project to hurt us. I wish I knew what to say about the presidential race, but I do not. I am told that waterboarding can fix that.
I see that the Asian Snakehead fish has been found in Arkansas. This beast is often called “Frankenfish”. It has lungs and legs and so can travel over land. It has a voracious appetite and it is feared that it will destroy American sporting fish. It is uncertain how the fish arrived in Arkansas. One story has it that a fish farm had some, was told to get rid of them, and so tossed them out on land to die. Then the air-breathing, walking fish began its odyssey. It may be that the fish paid someone to smuggle it into the country like every other illegal alien. There are proposals to stamp out the fish involving rules regulations and inspections. The project might go faster if American fishermen were told of an opportunity to catch a unique trophy. Militias come in all sorts.
I met a fellow who was proud of his solution to illegal immigration. He said that they should all be put into dump trucks and dumped across the border. He said that the only problem with his plan was that it was too radical. It is not. It has been done in the 1930’s when Mexican workers were loaded on boxcars and dumped in Mexico. They came back. The entire project was not consistent with “well known American humanity”. The quoted passage is from the German surrender demand to the garrison at Bastogne. The nazi commander threatened to destroy the town with artillery and implied that the effect on civilians would be our fault. The nazis thought that humanity was our weakness, it turned out to be a strength. An interrogator of those days told me that German soldiers were advised by their fathers to join the Infantry, be brave, get up on the front lines, and surrender to the first American they saw. They surrendered in droves. We should go with our strengths. There must be a humane solution to illegal immigration, I cannot claim that I know what it is, but there must be one.
After practicing immigration law for 25 years the only thing I know for sure is that aliens are coming here. It is not just for the money, it is not just for “well known American humanity”, they want opportunities for themselves and their children their own country does not provide. Many immigrants carry the belief that they must let the government do as it pleases if they are to survive. We need to make Americans of these people and by we I mean us. If we explain the Bill of Rights to a citizenship class, it will be different than if the liberals do it. If we are the image of an American citizen for them, we can make this work.
On “Cinco de Mayo” it was reported that the day commemorates a victory of the Mexican army over the French army. Actually, it was Mexican militia over the French army. This was well after winning independence from Spain. I can recall no other country which can brag of driving out two different colonial powers. We should be able to build on this. The media will not mention militias even in this positive light.
Charlton Heston has died. I met him briefly during the Proposition B battle in 1999. It was more memorable for me than for him. Although he began as anti-gun, he came over to our side with a vengeance. He was a powerful advocate for our principles and will be missed.
In the Heller case the Supreme Court asked a number of questions regarding the Second Amendment. They asked if there was a right to pistols, thinking they were lightly used at the time of the Bill of Rights, they asked if the right was confined only to persons in the Militia. Of course pistols were used in the founding of this country. Any reference book on weapons of the revolution has a chapter on pistols to include pocket pistols. Militia of the time included the whole of the population. Certain parts of the population were required to have militia weapons and appear for militia drill. However, in times of emergency even the exempt persons were expected to turn out. A party of this reserve militia served at the Concord Bridge during the opening battle of the American Revolution. When the Confederate Army attacked Gettysburg, John Burns, a veteran of the War of 1812, took up his old musket and fought. He was wounded three times. When the Japanese occupied the Philippines the population spontaneously formed militia groups, even when they did not have guns. Today the US Code at 10 US Code section 311 defines the organized militia, the National Guard and Reserves, and the unorganized militia, the rest of us.
Lawyers for Washington DC told the Supreme Court that militiamen did not really own their militia weapons because they couldn’t pawn them. It would defeat the militia purpose if their guns were in pawn shops or seized for debt. This worked to the benefit of militiamen. In some state it evolved into a right to exempt the family rifle from debt collectors. They also argued that a Boston law from the Revolutionary period which prohibited loaded firearms and gunpowder from being stored at ground level was the same as the DC law. The Boston law was a fire safety law and does not evolve into a total prohibition of loaded guns anywhere in the house.
Rally Day was held on 29 April, 2008. I had planned to use the Rally to focus on the Supreme Court case. I had a recording of the arguments which I planned to play; things changed. Recordings of the arguments were widely available elsewhere. More importantly, there have been assaults on shooting ranges. A range protection bill was languishing in the legislature and needed a push. One advantage of being the absolute tyrant of a group of heavily armed persons is that I really must listen to advice. The focus of the Rally was changed on two weeks notice. Coincidentally on the day of the Rally Peter Lyskowski of the Attorney General’s Office reported that Washington State has become the 35th state to recognize the Missouri License To Carry. Mr. L is in charge of reciprocity issues for the A.G’s office. I do not trust these people out of principle, but I trust him. He hopes to add a couple more states. Missouri’s license is the most widely recognized in the country.
Missouri ranges have been sued and hit with crippling judgments and injunctions which shut them down. One range was the target of false lead contamination complaints and when that did not work, a structure off the range was repeatedly shot in the apparent belief that this would be blamed on the range. Investigation showed that the shots came from a spot off the range property. I have heard of people who complained that bullets from a range landed on their property. As proof they showed bullets they claimed to have recovered from their property, which were still loaded into cartridge cases. Some complainants lie better. All they have to do is lie, and we must spend thousands of dollars to protect safe places to shoot. That is why we need range protection.
I checked the Brady website, in their “material” about the Supreme Court case on the Second Amendment it is clear that they are kicking Washington DC to the curb. They focus instead on how “reasonable” other restrictions might be. During the arguments our side was questioned on what restrictions might be constitutional. The attorney said that a wide variety of restrictions might be constitutional; I would have done the same. Those restrictions were not being argued that day. Granting the possibility made it more likely the Court would rule for us. The Supreme Court has accepted a case involving the Lautenberg amendment. This law prohibits gun ownership by anyone who has ever been convicted of domestic violence, even if they were convicted before the law was enacted. This has been challenged on constitutional grounds. The Court accepts a small number of cases each year. I cannot conceive of why the Court would take a case which explores the limits of the Second Amendment unless it had decided to rule in our favor in the DC case. However, the Court can conceive of things I cannot.
There is a program on the fitness channel called “Shimmy”. It purports to teach women how to belly dance. When I ran across it (quite by accident and you cannot prove otherwise) I wondered what percentage of the audience was actually burned out old guys. There is no obvious answer and it will require further research.
We shall overcome.
K. L. Jamison
It is a Great Day for Liberty.
It is less than 90 days from Election Day. It is high time to get to work for your candidate. Some day I hope to see an election in which our rights do not hang by a thread. We do not have such an election this year. Perhaps my sons will see such an election, but only if we get things done in my time.
It takes a great deal to knock the learned Larry Swickard off the front page of the Bullet. It takes, in fact, a landmark Supreme Court decision. The more I examine the decision, the better I think it is for us. The decision’s comments about licensing and other restrictions are merely dicta (sometime dictum or obiter dictum. The term means that they are comments of the court which are not essential to the court’s ruling and have no precidential value. The ruling of the Court is that the Second Amendment is an individual right to own firearms based on the right of self-defense. It specifically includes handguns as a protected class of firearms. For the first time a class of firearms is protected instead of banned. The fact that this is based on the right of self-defense is huge. Since the right is based on self-defense, other actions and facilities also have the right of self-defense. We have the right to practice self-defense, we have the right to a range for self-defense practice. It would seem that we have a right to books, and videos and magazines on self-defense; that does not make them tax deductible, but it is a good thought.
The Heller case is unusual, and not just because the Supreme Court ruled in a 5-4 decision that the Second Amendment means what it says. The tone of the opinion is unusually confrontational. Typically an Opinion will state that the dissenting judges “overlook”, “over rely”, or “fail to consider” some point or the other. The harshest criticism is normally that the other opinion “misstates” some prior case. In Heller the opinion of the Court states several times that the dissenting opinion is “wrong” and once that it is “bizarre”. This is not because the dissenting opinions are either wrong or bizarre, they are wrong, and they are bizarre. The dissents are not the first Supreme Court opinions, dissenting or otherwise, to be either wrong or bizarre. Justice Scalia, the author of the opinion, may have been affronted by the intellectual dishonesty of the dissents. The dissents are notable for contorting language, misstating precedents and focusing on minor, isolated laws of the colonial period in order to justify a total ban today. One dissent, in an attempt to claim that the “right of the people” is a collective right, proclaims that the First Amendment right to petition the government is “primarily collective”. Such intellectual and legal dishonesty pervades the dissenting opinions. They focus on obscure Boston ordinances which regulate storage of loaded guns and gunpowder as a fire prevention measure and turn them into justification for the D.C. ban. We survived such dishonesty. We won.
When the Heller case began there was much debate as to if it was a good idea. I confess that I had concerns. Many knowledgeable persons did not see five votes on the Court in favor of the Second Amendment. The fact that it was a 5-4 decision indicates that these concerns were well placed. However a 5-4 decision is the decision of the Court, just as when congress passes a law by a 5-4 ratio it is the law of the land just as if it were unanimous. We must remember that all the opposition has to do is scare one more justice, and we could lose the next case. The new president will probably appoint one or two justices. These will be younger and more vigorous than the retiring dissenting justices. They may be more persuasive. What view they will press on the other justices depends on who appoints them.
As of this writing Washington D.C. has not yet written its new handgun laws. They promise to make them as restrictive as possible. Currently, the only licensed firearms dealer in the District is the virulently anti-gun “Violence Police Center”. While gun dealers across the country had their licenses revoked for not selling enough guns to qualify as “in the business” the ATF tolerated the VPC’s FFL when they did not even have a sales tax license a retail storefront or zoning clearance; something required of everyone else. Residents of the District have no place to buy a handgun. The District has licensed handgun trainers, to qualify the many security guards required by the rich and connected. These trainers now have a new market, but the District promises to make exercise of the Constitutional right as difficult as possible. This may be good in the long run. The best way to get a 9-0 decision from the Supreme Court is to attempt to evade an earlier ruling.
The standard of review for Second Amendment cases is still vague. This may have been a deliberate decision in order to get that fifth vote for the result. It may be that the Court did not want to take things too far in this landmark decision. We still don’t know if the Second Amendment applies to state and local governments. The ruling only covers the actions of a federal enclave. There have been several cases filed against notoriously anti-gun cities. There cases will take years to work their way through the courts. In the meantime there is work to do.
The fact that the Second Amendment right is based on the right of self-defense is huge. Self-defense is a very basic human right found in all legal codes and religions. This makes it more likely that the judicial standard of review will be high and it will be considered a fundamental right which the states must respect.
The question is: what next? There is a movement to encourage open carry in order to make gun owners more socially acceptable. I believe that this only serves to make people afraid. This is not the time to make people afraid. We have the best shot by focusing on how unfair anti-gun laws are. The American people often do not care what is done so long as it is done to everyone equally. A strategy of lawsuits against the notoriously unfair Chicago and New York gun laws is the way to go.
Some people have suggested that we start a letter-writing campaign to inform judges, especially Supreme Court judges, of how important guns are. This is a very bad idea. The letters will not get past the judge’s clerk. If they become aware of them they will be offended by what they perceive as lobbying. This will be a very bad result for us.
I have checked. Tom VanEyck refuses to clone his wife. He does not want anyone else to be as happy as he is. He is usually such a generous soul.
I saw a 1933 movie called Scarface. It is a thinly disguised story of Al Capone and his Chicago mob. It is not even thinly disguised as a demand for restrictions on tommyguns. Characters repeatedly decry the availability of the Thompson and the mobsters repeatedly use them against the City and each other. The next year the National Firearms Act placed crippling taxes on the guns. The tax method was chosen because it was believed that banning them was unconstitutional.
A group of U.S. Marines has been cleared of war crimes accusations. They were accused of murdering Iraqis near the town of Haditha. When the accusations were first made there were even senators and congressmen proclaiming their guilt, based on nothing more than accusations. Their right to a defense was given less importance than that of certain cop killers. Now that they are found not guilty, they do not get so much as an apology. There seems to be a double standard. Some troops are given vague guidelines and little supervision; they get out of line and humiliate prisoners and this is considered a massive war crime. No one objected when the Saddam regime murdered groups of dissidents, tortured their families to death, tortured their friends to death, tortured to death people who disapproved of torture and finally tortured to death people who expressed insufficient enthusiasm for torture. We are held to a higher standard, but it might be said that we set the standard and so get more criticism when we do not measure up.
An episode of the series “30 Days” has an anti-gun woman moving in with a gun enthusiast and his son. Before moving in she says that she expects it to be like something out of Deliverance with a Confederate flag on the wall and moonshine on the porch. She is introduced to the shooting community and works in a gun store. She repeatedly claimed that the gun owner was afraid; she could not imagine any other reason for him owning guns. However she was the one who exhibited fear. She was afraid of gunshot, afraid of guns and afraid of the gun owners. She broke down in tears after she fired a shotgun for the first time. The gun owner was clearly mystified at her prejudices. He was calm and rational throughout the program. I might have started her on a .22 rather than a shotgun. The experience made the lady a little more tolerant. Every little bit helps.
There is a reality show about recruits for a sheriff’s department. One recruit is shot in firearms training. He had never held a gun in his hand before. On the big day he could not process commands or keep the gun’s terminology straight. Told to touch the front sight he touched the hammer. Told to put the gun on safe, he pulled the trigger. He was the original safety problem. Given extra training he did not improve. Granted the military form of instruction did not reduce his stress.
I saw a documentary on the various possible ways the world could be destroyed. The producer was much too enthusiastic about his subject. It seems that one of the possibilities was an asteroid strike. In 2128 on a Friday the 13th, an asteroid will come very close to the earth, closer than communications satellites. Eight years later is will come back, again on Friday the 13th, and may come closer. The fact that it keeps coming around on Friday the 13th is a bad sign. However, we may all be dead of global warming by then so there is reason for optimism.
At a second hand store I saw a pool ball which had been affixed to what may be the leg of a barstool. The store did not know what it was but was absolutely positive that it was worth $10. It was a club, designed to keep order among the pool players. It resembles a Zulu knobkerrie. That does not mean that it is from a Zulu pool hall, but that would be a good story. It would be even better if it was used by a Zulu regiment at the Battle of the Little Bighorn. That’s probably what happened.
This year we will have to make a choice between candidates when neither is good for us. We sometimes have a choice between a candidate who will take us to hell by the fastest means and most direct route, or the one who will dawdle and take the long way around. Choosing the perfect candidate from a third party will make it more likely the worst candidate will win. This may make a statement, but we will be on the fast track to hell when we make it. On the other hand, there is a very good chance that we will have races in which both candidates are good for us. This does not happen nearly often enough, but is becoming more common. This means that WMSA is making progress.
We shall overcome.
Kevin L. Jamison
It is a good day for Liberty.
We have about 60 days until the election, which will decide the next four years.
Washington D.C.’s new gun law still says that guns must be unloaded disassembled and locked until actually attacked. Washington DC knows that it will be sued over its new handgun restrictions, but says “This time” it will be ready. As if they lost Heller because they were not ready.
It occurs to me that there were no anti gun demonstrators at the NRA Convention. Even the “American Hunters and Shooters” was a no show. This outfit is a false flag operation which pretends to be composed of hunters and shooters. It was founded by anti-gun persons to provide the pretense of gun owner support to anti-gun politicians and measures. It made an appearance last year at the NRA Convention in St. Louis. It did not disappear and has arisen this election year. They support Obama of course.
In the low crime Northland an armed robber attacked an older couple at an ATM. The man got out of his car with a handgun and told the robber to halt. The bad guy made a bad decision and was shot. He appears to have survived. The victim had a License To Carry. The media reaction was remarkable. The Kansas City Star broke with tradition and called victim the victim and the criminal the gunman. In the past we have protested the Star’s policy of calling victims who fought back the “gunman” and failed criminals the “victim”. They used to claim that the criminal was the victim of a gunshot, in the same way, I suppose, and a drunk driver is the victim of his own accident. We hope that this new media stylebook is permanent.
I am reliably informed that the ancient Babylonian epic “Epic of Gilgamesh” has a passage in which a Wild Man terrorizes the countryside. Hunters are unable to catch him so a Temple Prostitute is hired for the job. It appears that religion had a much different view of such things in those days and perhaps sainthood had much different criteria. The Temple Prostitute seduced the Wild man and explained the benefits of civilization which include girls, baked bread and beer. Faced with such compelling arguments the Wild Man resolved to become a city boy. There has been some discussion that women are a civilizing influence in society. The thesis of the book Violent Land is that societies without women or that do not value women are more violent. Of course, there are other elements. Such societies are typically composed of the more adventurous and aggressive males which might increase the likelihood of violence. Still, the author makes a compelling argument. There does not appear to be a woman willing to civilize me, some challenges are simply too challenging.
A UMKC law professor, Allen Rostron, has written a gun control article for the Maryland Law Review, “Incrementalism, Comprehensive Rationality, and the Future of Gun Control”. I have not read the article but after skimming the first few pages it appears to argue that the problem with gun control is that it has not be adequately tried. The author seems to argue that gun control must be implemented all at once or it will not work. This reminds me of unrepentant socialists who argue that socialism has not failed because it has not been adequately tried. Certainly if gun control had any promise at all, some part of it would have shown some effect in reducing crime. The experience has been quite the contrary. Some people only see what they want to see.
I see that a video game company called Kuma War has a “news” operation which allows subscribers to fight recent squad level battles from Iraq or Afghanistan. The download begins with a “news” broadcast which describes the situation and then the player takes over the battle. The Kuma executives say that they get satellite pictures of the terrain and have communicated with participants in recent battles to ensure authenticity. Some question that this is news, and it is a game, not combat. Still, I cannot help but think that this is a concept that we could use.
Now that the Supreme Court has ruled that the Second Amendment is a Constitutional right many believe that we are clad in a bulletproof right to arms. You will find that those Ghost Shirts don’t work worth a damn. In the Ghost Dance religion among the Northern Plains tribes in 1890, it was an article of faith that if a believer wore a Ghost Shirt no bullet could touch him. In the event, many of those bloodstained Ghost Shirts were buried with their owners. The believers who ducked, dodged and hid during the battle had a much better chance of survival. The moral of the story is that to survive, you have to work those Ghost Shirts. Washington D.C. has re-written its firearms law to give lip service to the Supreme Court decision, and thumb its nose at the right it recognizes. Anti-gun groups and politicians are re-naming all of their restrictions as “reasonable”. The City Council of Kansas City is about to vote in favor of harassing gun owners. We have a long fight ahead of us just to keep what we have. If the election gives us “President Obama” the next four years will be the Alamo every day.
The Public Safety Committee of the Kansas City Council voted for a resolution in favor of the Mayor joining Bloomberg’s group. Despite its high-flown rhetoric that group exists to harass gun owners. It has compromised federal investigations to make political points about black-market gun sales. It has brought the weight of New York City against small family gun dealers forcing them to choose between crippling legal fees or knuckling under to Bloomberg. Although it styles itself as “Mayors Against Illegal Guns” guns are neither legal nor illegal; it is their use that is legal or illegal. It has demanded access to data on guns that have been traced so it could claim that they were all used in crimes and sue the dealers. The Kansas City resolution asks that only law enforcement have access to trace data, but Bloomberg’s group is not bound by the City resolution.
The Mayor could join the National Shooting Sports Foundation, which actually works with the ATF to prevent illegal sales. He could join Parents of Murdered Children. He could have joined WMSA, we have circulated petitions against murderers getting parole and put in sentencing memos supporting long sentences in two local cases where FFL’s were caught selling illegally. Instead he is resolved (as of this writing) to join a group which exists to harass gun owners.
The Mayor had promised Councilman John Sharp that he would not join Bloomberg’s group. However Bloomberg cornered him at a conference and convinced him to go back on his word. John Sharp has been very helpful to us in this matter.
In the aftermath of a man protecting himself at a Kansas City ATM, the Mayor has chosen to support the other side.
In an episode of the series “Psych” the lead character proclaims flight as the “universal sign of guilt”. He is right. Flight will always be taken as an admission of guilt.
Analysis of population shows that by 2042 all Americans will be members of a minority group, including Caucasians. This is neither good nor bad, it simply is. The question is what we will do with the information. We need to recruit in minority communities. If we do not, the enemy will.
I have the rare honor to be an honorary member of the Missouri Valley Arms Collectors Association. My membership badge actually says “Hononaroy”. This certainly makes it even more rare. In twenty years people will offer me tens of thousands of dollars for it. I won’t sell, but it’s nice to be asked.
A letter to the newspaper abuses a lawyer for arguing in defense of his client. The client was clearly an evil person. However, it was decided a long time ago that even evil persons are entitled to vigorous representation by a lawyer. Many persons who have never needed a defense share the angry letter writer’s views. Innocent persons do need defending. The Bible tells us that Joseph (of the flashy coat) was imprisoned after being falsely accused of molesting a married woman. I am reliably informed that the trial of Jesus of Nazareth violated local and Roman legal procedures. If Jesus had competent legal assistance, the New Testament might have had a happy ending. I grant that competent legal assistance may have interfered with some Grand Design. More recently, we find that the ancient concept of self-defense must be presented again and again. I defended a young man in municipal court who had been attacked in front of a movie theater and fought back. He was arrested for fighting in public. I pled self-defense. The learned prosecutor patiently explained that self-defense did not apply because he was not charged with starting the fight. I patiently refrained from calling her a raving idiot who should not be allowed in a courtroom without adult supervision. Self-defense is technically the defense of justification. The law recognizes that one may do illegal things in an emergency, such as if one is attacked in front of a movie theater. The most common example is speeding while on the way to the hospital. It is necessary in such cases to prove that one’s action is a reasonable reaction to an unreasonable situation. There are other examples. Recently a small-town Mayor was arrested for marijuana possession. Someone shipped marijuana to his address. The scheme was that a confederate would intercept the package at the house and the shipment could not be traced to the smuggler. The mayor came home unexpectedly and got there first. The police swooped in and a good time was not had by all. In Ontario, Canada the child welfare department was summoned by school officials to investigate information that a certain girl was being sexually abused. The information was based on word of psychic. The “information” was that a girl in a teacher’s class with a name beginning with “V” was being abused. From this they called the authorities. Even if I believed that psychic evidence was just as good as any other type of evidence I would have to recognize that this is a minority view. However that would require thinking which apparently is just too hard. Defense lawyer typically practice their skills on guilty parties, which is fair, prosecutors practice on guilty persons as well. When the innocent party is enmeshed in the legal system on the word of a psychic, or mistake, or lies it is nice to have a skilled advocate to present a defense.
I continue to get reports of people who have been fired from their jobs because they had guns in their cars in the company parking lot, sometimes even if they were not in the company lot. It is difficult to file suit. In Missouri one can be fired for no reason at all, and being a gun owner is not a constitutionally protected status; not yet. The US Supreme Court has ruled that a business can restrict weapons on its premises. It is, after all, their property.
A client with an LTC tells me that he was at a grocery, not a posted area, and as he was leaving a security guard demanded to know what was on his hip. He explained that he has a License To Carry and offered to show it to the guard. He was told that if he reached into his pocket he would be shot. He was held for the police, handcuffed and threatened with jail until the police informed the guard that he did have an LTC and it was legal. This has the makings of a case. Before the law changed many people who were held on false accusations of shoplifting successfully sued.
A ceiling fan in my office has been wobbling and there was some concern that it would come crashing down and take out half the WMSA Board of Directors. Bob Brannock took charge of repairs. Bob used to work at TWA and is familiar with things that rotate. Repairing things that rotate requires a number of exotic tools, this one called for a screwdriver. I confined my participation to supervising quietly from a distance and the fan is now rock solid. It is amazing what can be accomplished by not interfering with people who know what they are doing.
We shall overcome.
Kevin L. Jamison
It is a good day for Liberty.
We have about thirty days to prepare for an election, which will decide our fate for the next four years.
Despite the Heller decision, should Senator Obama win the election, the next four years will be like the Alamo every day. I have lived through the Clintons once. Obama will be worse. With an executive order he can prohibit concealed carry outside of one’s own state. He is a true believer. He thinks that this will be the right thing to do and that power exists to force us to do what he thinks is good for us. We can expect one “reasonable restriction” right after another.
I must point out that slavery and discrimination were made unconstitutional in the aftermath of the Civil War. However, Jim Crow laws existed for over a century because the government allowed it. It does us no good to have a right if the Obama regime taxes it, requires a written test before it is exercised, imposes a mental health test, or prevents us from taking guns to work or into any business on the theory that this affects interstate commerce. We have not yet proven that the states must respect the Second Amendment. It seems counter-intuitive that the federal government must respect a right but not a state, but that is the law.
We cannot have Obama using the “bully pulpit” of the presidency to prevent us from solidifying our Second Amendment rights.
Ex-President Bill Clinton hypothesizes two candidates; the first agrees with you on everything, but cannot deliver anything. The other only agrees with you on half the issues, but can deliver results on that half. He then asks for whom you would vote. He does not suggest an answer.
The Democrats demand that we not have four more years of President George Bush. They may be successful in this. Of course, they are actually running against Senator McCain. It seems that they either have not noticed or do not want to notice.
There is a case which overturned an Assault in the Second Degree conviction. The victim was stabbed. Second degree assault calls for attack by means of a “deadly weapon or dangerous instrument”. Deadly weapons include “daggers”. “Dangerous instrument” includes everything. There has never been a case in which a court failed to find that an instrument was not a dangerous instrument if any blood was shed or a credible threat made. In this case however, the prosecution only put the term “deadly weapon” in the jury instructions. The court found that there was no evidence that the stabbing instrument was a dagger. Without the “dangerous instrument” half of the instruction the conviction could not be upheld. It doesn’t have to make sense, it’s just the law.
A man was arrested near an Obama rally. He was carrying a gun and a Bible to protest Obama’s criticism of people who cling to guns and religion. He was arrested for creating a public disturbance. It is not recorded which object was found most disturbing.
The Learned Larry Swickard was discussing liberal views on violence, views like “violence never solves problems” and “violence begets violence”. The Learned Larry likes the response of the late, great Colonel Jeff Cooper to the effect that violence against his family would beget a great deal of violence in return. I opined that in my experience violence may not solve a problem, but reduces it to manageable proportions. The Learned Larry liked this comment and thought it was on par with Colonel Cooper’s. This is quite a compliment. I only mention it in case the phrase turns up on T-shirts; I have the copywrite. When my father dropped bombs on Japan, and my Uncle Chuck on Germany this may not have solved the problem, we still have nazis, but it reduced the problem to manageable proportions. A number of my clients have used firearms against attackers. Some later faced criminal charges, but the problem was manageable.
Media pundits claim that the McCain Campaign must not have vetted Governor Palin, because the media would never select a candidate as perfect as Governor Palin. The assumption is that she must, therefore, have defects. The vicious attacks against her are good on two counts. First, if she upsets the opposition so much, she must be good for us. Second, the more she is attacked, the more people rally to her defense. A common attack is that if she must take over for Senator McCain, she will not be ready. If she must take over for McCain, she will take over an established team. I have no doubt that she can do so. This is the lady who met with the Alaska legislature and said, “You need adult supervision”, and started to provide it.
When President Roosevelt died, our Harry Truman was catapulted into the presidency. He was a very junior senator who had been vice president for only four months; during this time the president kept him out of the loop. He was known as the “senator from Pendergast” due to his participation in the corrupt political machine. While he was personally honest, he manipulated the corruption of the machine for public benefit. When Pendergast died Vice President Truman went to the convicted felon’s funeral. If they can find worse about Governor Palin it will surprise me.
Senator Obama referred to his opponent as putting “lipstick on pig”. This was probably an example of him putting his foot in his mouth but from the cheers and shouts the audience obviously thought of Governor Palin.
Pundits claim that Governor Palin was chosen because she is a woman. I doubt it. She is a conservative, she believes it, she lives it. Senator McCain had problems energizing the base. He no longer has those problems. Governor Palin is a reformer with a take charge image. It is true that a conservative female will get more attention. Liberals believe that a conservative woman is a traitor and howl for her head. But I know a rabid Clinton supporter who now McCain-Palin supporter.
A survey of 324 firearms in New York City police property rooms found that 94 could not be accounted for. After this was reported it was “determined” that 70 of the guns had been returned to owners or destroyed, and 24 miraculously re-appeared on shelves from which they had been missing in several searches. Such inventory problems would get any gun shop’s license revoked. Mayor Bloomberg continues to harass mom and pop gun shops in other states.
The NYPD has adopted the Mossberg 590 shotgun with a 14-inch barrel. This should help the old question about a sawed-off shotgun’s utility for militia purposes. Since Heller the question has been if it is useful for self-defense, and it appears to answer that question also.
We are warned not to call the terrorist enemy mujahadeen, as this means holy warriors and they do not qualify. We are warned not to call them jihadists as this refers to a holy struggle to purify one’s soul, and that is not what they are doing. We could carry on calling them terrorists, the enemy, psychotic killers, something. I hate to call them Islamic terrorists as this plays into their fiction that they are defenders of the faith. They might be called Radical Islamic Faction (RIF) this also means reduction in force and I like that.
The new Northland representative to the Kansas City Park Board remembers carrying a gun when she locked up a neighborhood park at night. Her name is Meghan Conger. She became interested in parks after a random shooting in a local park. Her response was to carry a gun. This has possibilities.
Massad Ayoob has done one of his famous studies of the Young Brothers Massacre. On 2 January, 1932 ten law enforcement officers set out to arrest two car thieves. An hour later six officers were dead and three more wounded. The lessons were very basic. The officers failed to consider the enemy, who were known to be excellent shots, and the killers of a law enforcement officer. The officers carried only revolvers and little ammunition. The killers were in a house armed with a .25-20 pump action rifle and pump shotgun loaded with number 4 birdshot. The officers had no training, certainly no SWAT training, and they died. It is notable that witness statements varied wildly both in the massacre, and when the killers were cornered in Texas where officers fired warning shots into them until they got the message. I had encouraged Captain Ayoob to study the case for several years. He was kind enough to mention this in the article. I must stress that I did not pester him on this subject. It is unwise to pester champion pistol shots who are martial artists and own a dog that is half as big as a mountain.
I have still not determined if the TV fitness program Shimmy is targeted towards teaching women fitness through belly dancing, or the entertainment of burned out old guys. I shall not give up, investigation continues.
I have appointed Anne Stinnet my religious advisor. Anne did not want the job, but if she expects to reach sainthood she shall have to get her suffering done.
I have been listening to audio-books on intelligence gathering. They have good and bad points. The important point is that intelligence gathering is not like the TV spy shows. In those shows the spy needs only break into the secret computer, interrogate the prisoner or defector and all is revealed. In the real world the enemy compartmentalizes information so that no one source knows everything. Some informants make up compelling stories, some perceive matters wrong, some are told false information. Saddam Hussein was accomplished at putting out disinformation. These were intelligence tidbits designed to make people believe that he had chemical and biological weapons. In the end he convinced the wrong people. Often the task of the intelligence analyst is not gathering information, but determining what information is true and what is false. This can be like asking your kids what they have been doing and matching that with what is found in the trash and deciding what trash was really planted by the neighbors.
Go vote, take a friend, take many friends. I wish that every election was not critical to our rights. If we do the work now, perhaps my sons will have an easier time of it.
A midtown storeowner called with a question. A man openly carrying a gun came into the store. The owner was concerned that someone might snatch the gun and shoot up the store. I cannot recall such a thing ever happening, but such was his fantasy. As a practical matter, open carry is legal in most places. A number of cities have ordinances against open carry, and there is no central repository to discover what cities have such laws. It is legal under state law. Some people get upset at the sight of guns, call the police and tell imaginative stories. The U.S. Supreme Court has ruled that a business can ban guns from the premises, it being their business and all. Some have adopted open carry as a tactic to make people accustomed to guns. I don’t think this is a good idea. We need to ease people into this. My idea is to wear firearms buttons, hats and T-shirts and then be excruciatingly polite. It is hard for the anti-gun people to make trouble over good manners.
We have stickers which read “I am a bitter gun owner and I vote”. Get them wear them.
We shall overcome
Kevin L. Jamison
It is a good day for Liberty.
I was listening to the audiobook The Prince of the Marshes. This is an excellent book concerning the author’s experience as an acting provincial governor early in the occupation of Iraq. The author, a British citizen, has written an excellent guide for the next fellow who has to build a country from the ruins of an old one. He was daily confronted by proud, ambitious men, who lied to his face. A common meeting with local leaders would begin with a denunciation of the coalition, the group he was working for, and the declaration that nothing absolutely nothing was being done for Iraq. The speaker would see a massive irrigation project from the window of the conference room, and in previous meetings the local leaders had appointed police chiefs and other administrators. What the speaker really meant, usually, was that he was not being given enough cash, weapons and power. The author recounts being under siege in his headquarters until an AC130 gunship, an aircraft which really deserves the name “gunship” arrived and made the siege less fun for the enemy. The gunship is armed with 40 mm automatic cannon which fire as fast as clips of shells are loaded and “mini-guns”, a term which sounds small and inoffensive, but refers to a weapon firing 3,000 rounds a minute. Should this not break up the party, a 105mm howitzer fires with pinpoint accuracy. All these weapons are computer-aimed using night vision or heat-seeking sights and probably other sights I do not understand. This firepower allowed the author to hold his retirement ceremony a few days later at which local leaders said how much they thought of him and would miss him. “Yes,” said the author, “But three days ago you were firing mortars into my office.” “Yes,” he was told, “But it was nothing personal.” The book shows the vast cultural difference between our cultures. To us trying to kill someone is personal. I would not have been as patient as the author, and perhaps it is just as well I did not have the job.
I hear that a stripper agreed to pay a lawyer with private performances. She later complained that he touched her during the performance, to which she had not agreed. It appears to me that the real problem was that she had not been adequately credited on her bill. The Bar Association suspended the lawyer for fifteen months. I’m not sure how they came up with that number, but the Bar forbids anything sexual between lawyer and client. The rule dates from the TV program, “LA Law”, in which the lawyers had a number of sexual escapades with clients and each other. This inspired a number of people to go into law. I was already in or I would sue for misrepresentation. The case involves more issues than the rule on legal ethics (no giggling). There is also a tax problem. The IRS insists that the government get its cut of every business transaction to include barter. The rule I remember from tax class is that if two housewives (the textbook was written before political correctness spread to tax law) did their own laundry there was no tax liability. If they agreed to do each other’s laundry it was a taxable exchange and the government must get its cut to pay for a system that would create such a rule. Touching the stripper was a problem; this is technically an assault, and a crime, possibly a lawsuit. However, the criminal justice system is not sympathetic to a stripper’s complaints about touching. There is also an issue of the lawyer’s partners. Typically a partnership agreement requires the lawyers to split fees. If the other partners did not get a piece of, or rather a view of, the action they have a lawsuit against the lawyer. A simple strip tease can have such complex results; and people wonder why we need so many lawyers.
I listened to an audiobook of “Made to Stick” by Chip Heath & Dan Heath. The book is concerned with why some ideas “stick” and some do not. It is a valuable book for activists. Some ideas must be wrapped in Velcro in order to stick to the target audience.
The “Mythbusters” TV show did an episode on the effects of firing guns in air, specifically the effect of bullets coming down. They proved that if fired perfectly straight up the bullet would not fall with enough force to injure anyone. They also proved that if not fired perfectly straight up the bullet would make a ballistic trajectory and kill someone. It is unlikely that a person will point a gun perfectly straight in the air. Shooting a gun in the air is illegal. The program also did a show to refute the movie staple that has a person hit by a bullet thrown back in dramatic fashion. Using pistols, rifles, shotguns and submachine guns they fired at pig carcasses and a dummy wearing a bulletproof vest. The staple scene may be dramatic, but it is not possible. The problem is that juries believe that this is how gunshots actually work.
A Missouri lawyer did not like the way his case was going and filled two pages of transcript insulting the judge. At one point he asked the judge if he was a pedophile. It was not immediately obvious why this was relevant to the case; it did get the lawyer jailed for contempt. It is a bad sign when your lawyer ends up sharing a cell.
I saw a reference to “Shut Up and Sing” a movie about The Dixie Chicks. They insulted the President during a performance and were roundly rejected by the public. They seem to think that this was unfair and a violation of their free speech rights. The public has the free speech right to reject their music. President Bush said they shouldn’t have their feelings hurt because people don’t buy records. One of the band proclaims this to be a stupid remark. Currently President Bush does not whine over his poll numbers or expect a movie proclaiming them to be unfair. In fact there is a movie coming out to further trash the President.
Americans have always found excuses for killing. Hanging horse thieves when killers were released was defended with “There are men who need killing, but never a horse that needed stealing”. Self-defense was broadly interpreted in the Old West. Wild Bill Hickok’s killer defended shooting him in the back with the claim that Wild Bill had killed his brother, so he had to take revenge, and shooting him face to face would have been suicide. A miner’s court found this to be self-defense. The federal district court did not. The history of the West is filled with reports of cannibalism. The Donner Party and others were trapped and resorted to eating the dead. At a time when grave robbing was a major crime this was not prosecuted. Only one cannibal was ever prosecuted. Alfred Packer was trapped with a party in the Colorado Mountains, and survived by eating his comrades. He was actually prosecuted for murdering the men before eating them. I have often thought that we live in an unforgiving society. Youthful mistakes are no longer overlooked. There has not been an expungement of criminal record statute in Missouri since before I began practicing law. In extreme circumstances, people will overlook a major failing, but not two. You can kill people, or you can eat people, but you cannot kill and eat people. If you make one major mistake, for heaven’s sake don’t compound it by trying to cover it up.
Obama claims that for 20 years he was a member of Rev. Wright’s church but has no memory of what said. This seems unlikely, but he would not be the first churchgoer to walk in, sit down, and stop listening. However, Rev. Wright does not strike me as a preacher who can be ignored.
I listened to an audiobook of “Storming Las Vegas”. This is a true story of a Cuban Special Forces officer who impulsively joined the Mariel boatlift to the United States. He did not find the streets paved with gold and decided to use his old skills by ambushing armored cars. Las Vegas casinos had been taken over by accountants who were concerned about the cost of armed guards and presumed chance of accidental discharges and cut back on guards and weapons. They were astonished that someone thought to take advantage of weak security details. The Cuban was astonished that minimum wage guards would not surrender their charge to him. He sounds offended that when ambushed with machine guns the guards fired back with revolvers. He denounces these guards as “cowboys”. He does not understand, this is the cowboy way and a good thing.
WMSA Board Member Mark Purcell sent me a letter asking that I renew my membership. He said that this way I would get all the news about the shooting community both good and bad. I would learn about events and projects and problems and solutions. Considering the pros and cons and all relevant information I decided to take him up on the offer; he knows where I live.
I saw a documentary “So Goes the Nation” about the 2004 presidential campaign in Ohio. It was instructive. ACORN figured prominently in that election, and turned in false voter registrations. This seems to be traditional with ACORN. They claim to have been victimized by workers, but when this happens in every single election it appears that they are doing something wrong. The conventional wisdom in Ohio was that undecided voters had to be located and convinced. Democratic workers are shown in the relentless hunt for undecided voters and they finally found one, but it might have been because the guy was “high”. The Republicans decided to expand and motivate their base, and they won. It is interesting that the electorate was opposed to negative campaigning, but negative campaigning worked.
Anne Stinnett, my religious advisor, thinks the TV show “Shimmy” is bad for me, the show teaches belly dancing. We shall never know this for sure unless I continue to watch and we see what happens. The investigation continues. However we value Anne’s opinion and shall report her evaluation.
I suspect that Anne believes that if she tells me I must give up certain activities that I will fire her as my religious advisor. She does not get off that easy.
A Platte County, Missouri Landlord called 911 to say he was about to commit a crime by killing a specific tenant. He was in a dispute with the tenant which ended by killing the tenant. He was convicted of 1st degree murder. There is an internet story about a man who reported a burglary. He was told that no officer was available. The man then says that he will kill the burglar, and police fell from the sky. I wonder if the landlord might have gotten bad legal advice from the internet. Every 911 call is part of your statement; bravado, threats, abuse and macho have no place.
Missouri now has an Apprentice Hunter Program. Under this program a young person who has not taken the Hunter Safety program can hunt in company with a qualified hunter. This makes it easier to get young people introduced to hunting.
Two years ago a Missouri man was arrested for being armed and under the influence of drugs. The drugs were prescription medication. Worse, the Veteran’s Administration gave him the wrong medication and the side effects gave him legal as well as physical consequences. His public defender finally got the charges dropped. The intoxication was not voluntary and the charges should never have been filed.
I was talking to WMSA Board Member Brad Alpert recently. He and I served on the first WMSA Board, and are the last founding members still active on the Board. That was 19 years ago and I begin to feel old. We reminisced over surviving the Clinton years and how we have been spoiled by the last 8 years in Missouri. Brad was a leader in the introduction of computer activism. Before the internet he was part of a network distributing messages and information around the country. He convinced me to put down my quill pen and communicate with computers. Computers broke the stranglehold the media had on news and information. They have enabled us to spread our message and respond quickly to threats and opportunities. We have all contributed something to WMSA. All our contributions have resulted in a legislature which has spoiled us. By working together we have learned organizational lessons which will carry us past this election, win lose or draw.
These notes will appear in the newsletter after the election and after we know how much trouble we will have over the next four years. At this time it appears that Obama, the worst possible candidate, will be president and will have a compliant Democratic Congress to abuse us. Despite this—
We shall overcome.
Kevin L. Jamison
It is STILL a good day for Liberty.
Remember when our greatest worry involved Sheila declaring martial law?
Remember when the greatest threat to our rights was the candidacy of Hillary Clinton?
Remember when John McCain was unacceptable to us? Things change.
Obama is the next president; that is the reality we must face. We need to stop talking about the prospect of someone shooting him. If that happens we get President Bidden, who is just as bad and has the Washington experience to make things happen. In the aftermath of even an attempt on Obama we can expect a horde of anti-gun bills to march through congress. The next four years will be difficult enough without making our enemy a martyr.
It is said that Obama did not “pal around” with terrorists. It is said that Weatherman Bill Ayers only bombed buildings and thought that it would be terrible if people were killed, and besides thousands were being killed in Viet Nam. Obama was also close to a person who had been a PLO spokesman when PLO was unapologetically terrorist. It is said that Obama’s friend was only the spokesman. And Joseph Gobbels was only a spokesman for the nazis. The very purpose of terrorism is to have something for the spokesman to speak about. When the PLO murdered a Jewish tourist in his wheelchair, the purpose was not to reduce the number of elderly Jewish cripples. The purpose was to send a message “We can kill anyone. We will kill anyone. You make us do this. Pay attention to us. Give us what we want or we will kill more; we will kill you.” Modern terrorism commits war crimes in order to get its message noticed. Spokesmen for terrorism exploit war crimes. They are part of the war crime. They are an essential part of the war crime. Without the spokesman there would be no point in committing a terrorist act.
Obama had many advantages, although I refuse to accept the inevitability of his victory. Republicans had held the White House for eight years. Americans like to see change from time to time, even if it is mindless and irrational. It is often said that we are in the midst of an unpopular war, as opposed to a war people are really enjoying. This is often expanded to claim that we have two wars even though we do not. We have one war with two primary fronts and a number of lesser fronts in the Philippines, East Africa and elsewhere. The enemy says that these are all one war and there is substantial reason to indulge them on this one point, but only this one. Obama had more money than God. He had paid staff in Harrisonville and other rural areas. He had a media which functioned more like groupies than newsmen. Gas prices were high, although dropping by election day. McCain was ahead until the financial crisis caused voters to panic. Still, we kept Missouri for McCain, even if narrowly. Nationally Obama got little over half the popular vote and will not have the mandate he would like.
I grow uncomfortable with presidential candidates going on variety shows. This was unheard of in my youth, which accounts for my discomfort. Like many uncomfortable things it is traced to President Clinton going on the Arsinio Hall show. Now it is a given that presidential candidates will go on to speak about their dreams for the future of the Republic between the comedians and the singers. They even go on Saturday Night Live, and not to enhance the dignity of the office.
Congressman Sam Graves’ race was a priority for us. Our great friend Sam Graves won overwhelmingly. His massive victory over a strong, well-financed candidate will make running against him less popular in the future. We lost the governor’s race, but Jay Nixon, the winning candidate, has been less willing to attack our rights in recent years. This is probably not because of a change in attitude, but due to practical politics. It seems that we are just too formidable an opponent for him to antagonize. I will take what I can get. In the legislature we have lost no ground. Congress is another matter. A party led by people who hate us has a decisive majority. The new President can do a great deal by executive order, and it is apparent that he has every intention of doing so. It appears that the next threats to our rights will come from Washington D.C. This is not an unusual threat. We have faced this threat before, but it will take all of us.
Since her explosion on the national scene the opposition to Governor Sarah Pallin has insulted her clothing, accent and mannerisms. They are upset that she is conservative. They believe that women must be the Stepford Wives of the Democratic Party’s left wing. According to them, a woman who thinks for herself is apostasy. Opposing opinions are blasphemy. For a woman to be a conservative is treason to the left wing.
A voter in Cass County was identified as a gun owner who was voting for Obama. He was asked why, when Obama has a long history of attacking gun ownership. He replied that he did not care, that he had an AR-15 and 1,500 rounds of ammunition. The implication was that they would take it from his cold dead hand. I doubt it. I cannot imagine this fellow waiting in a cold ditch for government tanks and helicopters. He will not sacrifice a tax break, medical care or social program to preserve his rights. I cannot believe that he will sacrifice his blood.
“From my cold dead hands.” Good, now you’re dead and the government has your gun. This is often an excuse to do nothing. The idea is not to die but to pass on these rights to our children and grandchildren. This forces us to sacrifice time and money now, so that our children and grandchildren need not sacrifice blood.
“From my cold dead hand.” This was a great line from a great man, but its time is gone. It is often used as an excuse to do nothing. I see men lounging around gun shows proclaiming that their gun will only be taken from their cold dead hands. They do not write a letter to the editor, they do not contribute money to the movement; they do not even join the NRA. They will not sacrifice their time or money I cannot imagine them laying in a cold ditch waiting for government tanks. I cannot imagine them sacrificing their blood when they do not sacrifice time or money for rights that can be saved with less sacrifice now. We want to pass these rights to our children and grandchildren. I will do what is necessary now to pass on our rights so that my children and grandchildren will not have to say “from my cold dead hands.”
I am informed that Darwin was intelligently designed.
Jim Supica of Old Town Station is running away from home. For many years Old Town Station has distributed its famous catalogue of treasures. Jim is an authority on Smith & Wesson products and has concentrated on providing antique firearms to the advanced collector. He may be forgiven for abandoning us because he is going to run the National Firearms Museum for the NRA. He shall be missed.
On the first of November I began to hear Christmas Carols on the radio. This is a little much. We did not have this problem during Ramadan. Of course, Islamic holidays are solemn and quiet, but St. Patrick’s Day was solemn and quiet until we got hold of it. Ramadan commemorates the revelation of the Koran to Mohammed. It lasts for an entire month. Imagine what retailers could do with a holiday that lasts for an entire month. The “Twelve Days of Christmas” seems interminable; imagine if it was thirty days. I don’t think there are any Ramadan carols, but no doubt we could fix that.
At a gun show I saw an old vendor whose NRA cap had turned gray with time.
I notice that the Missouri Valley Arms Collector’s gun shows are unique. In the small shows where the vendors are all collectors I note that they would just as soon explain a piece to customers as sell it. They are an experience.
President-elect Obama requires prospective members of his administration to fill out an extensive questionnaire. The list includes questions regarding “complete ownership and registration information” of any firearms owned. It goes on to ask how and by whom it is used and whether it has been the cause of any personal injuries or property damage. The phrasing of the question indicates a prejudice against gun ownership and an assumption that ownership indicates that personal injuries or property damage has occurred. This is not a good sign.
The Springfield Missouri City Council is reviewing a proposal to ban License To Carry from City parks. They have no history of a problem with LTC, neither has anyone else, but they plan to do so as a “preventative” measure. They are spending a great deal of time to develop a solution in search of a problem.
Christopher Monckton in “News Releases” of 5 December, 2007 in an article entitled “Dishonest Political Tampering With the Science on Global Warming” is quoted as saying “The correct policy response to a non-problem is to have the courage to do nothing. Take courage! Do nothing . . .” Unfortunately no known political group has the courage to do nothing when nothing is exactly what needs to be done.
At a gun show I asked a vendor to sell me a magazine for a Colt .25. He said that he did not have a Colt .25 magazine. I told him that I did not want to hear his excuses; I needed the magazine. He refused to sell me one. You just can’t do business with some people.
During the campaign we were told over and over again that Obama cannot go after our rights and would never go after our guns. We were told that claims that he would were a lie. Persons citing his history against guns were threatened with legal action, even prosecution for telling “lies”. Now we are beginning to hear that Obama can go after our rights, should go after our rights, and will as soon as things are organized. It will be a long four years. Everyone will have to do his part. If we can hold the line for two years, the congressional elections will suspend the war against us while they pretend not to hate us. There is a chance that we may elect more of our friends.
We are maintaining the network we established in the 6th District as a basis for next time. There will be something for everyone to do. Hold onto the Graves signs and election materials, and any other candidate who is likely to run again. We will use them again.
I was in a Quick Trip one night. The trip was not as quick as usual because an obviously underage punk was trying to buy cigarettes. When the clerk refused the punk directed an obscenity at her. My cowboy instincts kicked in and I told the punk that, “Where I come from you do not talk to ladies like that, and I come from around here!” This is actually correct, wherever you go, there you are; sort of the ACORN theory of residence. The punk started to abuse me, called me an old man (also correct) and asked if I was going to hit him with my cane. I had no intention of doing so, but it is not wise to tempt an old man. The punk left and that was the end of it. Other men in the store made approving comments to me, this is easy when the punk is not throwing punches. You cannot let people get away with rudeness of this caliber. The punk left muttering disparaging comments about me, and no doubt threats, but he no longer thinks he can behave in this fashion without reprimand. This is little, but it is something. Some days I am very glad to have a License To Carry.
We shall overcome.
K. L. Jamison
It is a good day for Liberty.
In the movie South Pacific, WW II Navy officers attempt to convince an island planter to risk his life watching Japanese movements. To encourage him they proclaim, “We are against the Japanese!” The planter replies, “But what are you for?” People will do all manner of things when they are against something, and it is an easier emotion to trigger. However people will not die against something, only for something.
Obama’s proposed cabinet is full of anti-gun activists. With Ms. Clinton at the State Department we may suffer under the UN treaty banning small arms. Small arms are defined as our arms.
Two years ago a man was given the wrong medication and passed out at home. A police officer accompanied the ambulance and seized a pistol from the man and two other guns from the home. When the man demanded the return of his guns he was charged with being under the influence of drugs while in possession of firearms. His public defender filed a motion to dismiss based on the Heller decision. The court ruled that it was unconstitutional to deny persons the possession of firearms in their own homes and dismissed the charges. I would have added a stronger argument that he was involuntarily intoxicated by the drugs and charges should never have been filed. However, I cannot argue with success. The prosecution has filed an appeal. This will go to the Southern District Court of Appeals. This will be interesting.
The National Park Service has changed its regulations regarding concealed carry in National Parks. I have not finished evaluating the new regulations but they are good for us. I fear this may be our last advance on the federal level for many years. At least I hope that it will be an advance. I am informed that rules set forth after the election can be reviewed by the new president. This bodes badly for us.
A client of mine was assaulted by a gang member and was forced to kill him. The county prosecutor declined to file charges, finding it was self-defense. The city then filed charges for firing a gun in the city limits. The city prosecutor assures me that he is serious about this. I asked if he didn’t think the man has been punished enough. He said that my client had not been punished at all. I am appalled that they harass a man with such petty charges after the trauma he has undergone.
In an episode of The Unit the special operations team leader sneers at Glasser ammunition as not lethal. This is massively wrong. The show is still very good, but this illustrates a problem with popular culture. People believe that what they see on fictional TV shows is quite real. It is a shame that we do not have our own TV show.
I was going through the Bible, looking for loopholes, when I blundered across Isaiah 26:19 which instructs us to “awake and sing”. Since we have a Biblical command to sing, we need something appropriate to sing. There are enough performing artists on the NRA Board of Directors to fill a score of record albums (I’m old, I still call them records). There are a number of songs that reflect our side, but not enough. There is a rich tradition of putting new lyrics to old songs. The Star Spangled Banner began as a poem set to the music of an old drinking song. That seems very American to me, great principles set to the background of hedonism; that’s us. I have no talent in this area, but someone else must.
Mr. Chopra, a commentator on a number of subjects, declares that the Mombai terrorist attack was the fault of the US. This is the most absurd thing I have heard lately, and I represent drug addicts. I am not clear on his reasoning, such as it might be, it appears that we must expect terrorists to massacre the nearest group of unarmed US citizens and citizens of other countries. It seems that the terrorists disapprove of our culture and politics and can think of nothing better to do than massacre civilians. If they wanted to change our culture and politics they could send missionaries to convert the lot of us. If they did every soldier deployed to hunt them would be used to protect their missionary work. However, missionary work has traditionally been considered harder than massacring civilians. Their claim that we are out to destroy Islam is absurd. We intervened in Bosnia in order to save Moslems from massacre. In this war we have rebuilt mosques and provided security for religious pilgrimages. Prisoners taken with bombs and red-hot AK 47s have been provided with copies of the Koran, religious and culturally sensitive meals and every opportunity to practice Islam. Moslem communities are provided with water, medicine, and schools. Yet for the terrorists, this is not enough. If we were to deny American women education and employment, place women under house arrest, destroy Israel, and replace our political and legal system with Sharia law I’m sure that they would find some other areas of disagreement. We are told that we must understand the terrorists. I already understand them; they are evil. I understand them they way that I understand rabid dogs and I have a similar solution.
The Hy Vee grocery at Barry Road and I-29 has posted “no guns” signs. They explain that they have a Post office substation and therefore carrying guns is against federal law. They believe that the post office substation makes any robbery of the grocery a federal crime. They have been robbed three times and they think that the federal aura will protect them. They have been misinformed. The area of the post office is certainly under federal jurisdiction, but not the rest of the store. If they choose to believe that the federal aura provides a force field against robbery they should be introduced to the federally insured banks which are regularly robbed. Some persons with a License To Carry do not see a problem with the policy, arguing that they will carry regardless and since the gun is concealed “no problem.” There have been many cases where concealed weapons have been spotted, so there is a problem. We do not convince these people to take down the signs by such passive-aggressive behavior. We convince them it is in their economic interest to take the signs down. When a store denies us the right to protect ourselves, it becomes the insurer, in the financial sense, of our safety from the time we get out of our car to the time we get back into it. They may not be willing to incur this risk.
I saw a book Fixing Hell. It is by a psychiatrist who was assigned to evaluate guards at Guantanimo Bay and Abu Grahib in Iraq. Thumbing through it I found a passage recounting an interrogation at Guantanimo Bay. The psychiatrist suggested a break in an interrogation to give the prisoner a drink of water. The prisoner said something which the interpreter translated as “thank-you”. From the look in the prisoner’s eyes the psychiatrist thought that it was more than that and insisted on a full translation which ran to the effect of “Thank-you, but when I get out of here I have to kill you.” In Iraq he watched a prisoner scream at a female interrogator that she was a whore and he would rape her and kill her, sodomize her mother, and more. We have faced fanatical enemies before, but none like this. It is a good thing the Army sent a psychiatrist; those people are psychotic.
A person at a gun show pointed at boxes of hollow point ammunition and told me that it was for shooting cans. It seemed expensive for plinking ammunition but he explained, “Afri-cans, Puerto Ri-cans, Mexi-cans. I must have looked offended, at least I hope that I did for he then asked if that sounded, “a little prejudiced?” I said that it did, but I should have specified that it sounded a lot prejudiced. This is not how we will win friends and influence people. In my youth I read Mark Twain’s books but was puzzled over the meaning of the word “nigger”. I quote the word here instead of the prissy “N word” because I am confident that my African-American friends do not have such delicate sensibilities that they will flee in terror from this discussion. My father told me what the word meant, and that I would make no friends among African-Americans by using it. Dad was ever the businessman and knew that you did not make a customer of someone by insulting his race. Anti-gun groups have claimed that we have guns because we want to shoot minorities. Smirking jokes about shooting “cans” only reinforces their argument and does us great harm. I saw an African-Ameri-can man at a gun show wearing an Obama cap. He had apparently voted against his own interests perhaps out of euphoria at a member of his race becoming a presidential nominee. His candidate is poor excuse for a president, but we will not wean him away from Obama with smirking jokes about “cans”.
Obama has set himself up to disappoint a great many people. There is a tape of a caller abusing a bank for repossessing a car. The caller complains that she is not rich, but will be rich next year “because we have Barak Obama.” It is not possible for him to accomplish everything that everyone expects. In a matter of time he will disappoint. We need to hold onto our rights until that time. We he does disappoint we must be in a position to lure his old supporters back to the side of the Americans.
Critics of the Heller decision claim that it creates a right not mentioned in the Constitution, like abortion in Roe v Wade. The Constitution does not refer to abortion even obliquely. It sets forth various rights to ensure a citizen’s privacy. From that a right to privacy was developed and the Roe court took the extra step of including abortion in this right of privacy. There was no evidence that the founders considered abortion a privacy interest. In the Second Amendment, there is a specific statement that “the people” have a right to keep and bear arms and this right shall not be infringed. There is a long string of cases in which the term “the people” is interpreted as individuals. Faced with this background Washington DC claimed that the Second Amendment was an absolute constitutional right to join the National Guard. This is a strange sort of right, rather oddly expressed. This is not how the Court saw the matter. The Court ruled that there is a right to possess firearms for self-defense. Local community defense was the mission of the early militia. Early laws of the colonies commanded persons to carry their guns when traveling outside the community. Heller is strongly based in history and constitutional interpretation. The position of Washington DC is simply absurd. The fact that these unprincipled attacks on Heller are being circulated shows that there will be efforts to limit if not overturn the decision.
The TV show “Shimmy” is now teaching belly dancing on the health network five times a week. I do not yet know if this is due to a desire among women for physical fitness through dance, or a quite different desire among burned out old guys. The investigation continues.
The “Ammunition Accountability Act,” Senate Bill 1200, has been filed in the Missouri legislature by Senator Bray, one of the usual suspects. The bill requires all bullets and shell cases to be engraved with a serial number and the buyer of the ammunition registered. Possession of unregistered ammunition is illegal, so those who have stocks of ammunition will have to dispose of it or risk going to prison. There is no exception for sporting ammunition. Reloading will be illegal. This bill is probably dead on arrival in Missouri, but we will have to take care that it is not attached to some other bill. Seventeen other states have been attacked in this fashion. This is one of those bills that is designed to make ammunition prohibitively expensive and will keep coming back, so we will have to keep fighting.
We shall overcome.