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Liberty Notes, Kevin L. Jamison, 12 October 2001

It is a good day for Liberty.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We shall overcome.