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Liberty Notes, Kevin L. Jamison, 12 November 2001

It is a good day for Liberty.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

We Shall Overcome.