LIBERTY NOTES

18 July, 2007 

K. L. Jamison

It is a good day for Liberty.

We have four months until Hillary Clinton begins her sprint to the White House. We have less time than that to organize to support our candidate. The favorite among gun owners is Fred Thompson, a principled, articulate conservative. He has not had any election-year conversions; he has held the same positions for all his political life. He is a blunt supporter of our rights. We know what we will get with him. He has not formally announced for the Presidency but is expected to join the race soon. We need to be ready.

I was reading a 1970 issue of the American Rifleman magazine. It contained a quote from a congressional sponsor of much anti-gun legislation predicting that in ten years handguns would be totally outlawed. We may rejoice in having avoided this threat, however we do so as Alcoholics Anonymous avoids alcohol, one day at a time. Ten years ago I spoke to Aaron Zelman, of Jews for the Preservation of Firearms Ownership, he predicted that we would completely defeat the anti-gun people, his group had done the research, had the evidence and could crush opposing arguments. He was quite right about having done the research, having the evidence and being able to crush the opposition arguments. In the last ten years we have gone from victory to victory, and the opposition has failed to pass any national restrictions. Yet, the opposition still exists and still floats efforts to take away our rights. The opposition has had some success at the state level and forms and reforms groups to threaten our rights. A new atrocity and a slight change in congress can send a flood of attacks our way.

I see a Democratic leader has excused the party’s failure to enact any of their program by saying that they do not have effective control of congress. They are a majority in both houses, that is control by any definition. We may thank God that many of these Democrats are pro-gun and they do not have effective control of our rights. However, next year will see another election and we may suffer new congressional faces who hate us.

The ACLU has given video camera to residents of a high-crime area of St. Louis, with instructions to point them at police officers in order to document "brutality". While police brutality does happen, I hardly think that making police the enemy will reduce the crime rate. Residents of these areas are far more likely to be brutalized by thugs than police. It is not likely to speed police protection to a neighborhood known for trying to get police officers into trouble. There is no end of unintended consequences.

President Sheila has taken the Pareli equestrian course. This helps a person handle horses "and even people". So if she has us wearing saddles, you’ll know why.

There was a Twilight Zone episode titled "The Monsters are Due on Maple Street". It involved aliens (from outer space) who shut off the power and communications on Maple Street and wait for the residents to destroy each other out of mutual suspicion. One alien (from outer space) assures the other that this was always the result. But it is not always the result. During the Katrina disaster in New Orleans some people turned on their fellow residents, not out of suspicion, but out of greed and the belief that they could get away with it. But there were pockets of order because the residents stuck together. The "Algiers Point Militia" was one such group of residents. They engaged in no gunfights, they had no fights at all because they had guns. Their story is one of the accounts of self-defense in Chris Bird’s THANK GOD I HAD A GUN, Privateer Publications San Antonio, Texas 2007. The author also recounts a citizen who saw what is called an "active shooter", which really means killer, going through the courthouse square shooting at people with a rifle. He entered the gunfight with a handgun and at the cost of his life distracted the killer long enough for police to arrive. An Arizona man was the victim of road rage and drove off the aggressor by flashing his handgun, documenting the matter to the 911dispatcher the entire time with his cell phone. He did not know that the aggressor was so disappointed at being driven off that, his worldview shattered, he sought revenge by calling 911 and reporting a lunatic with a gun had threatened him. The responding police officer spoke to the aggressor first and when he reached the citizen had his mind made up. The citizen poked some good-natured fun at the officer, and things went even further down hill. After thousands of dollars in legal fees, the citizen learned that there had been a third 911caller that day, one that fully supported his story. The prosecutor knew this and still filed charges. There have been many books on persons who triumphed over assailants; this book stands out not just for the details of the incident, the guns and ammunition used, the tactics employed and the movements of the parties. He recounts the perceptions of the individual at the time, the decisions made under extreme stress, the deciding factors in survival and the aftermath of the gunfight. The work is well written and the incidents well explained. The self-defense shooter is well advised to get a copy.

 

Lock your doors, set your alarms, warn your kids, walk in pairs and keep your guns close, Paris Hilton is out of jail.

I have argued the advantages of concealed carry with anti-gun people only to be told that self-defense was not possible. I have cited cases of self-defense only to be told that the evidence was "probably" such as to explain away the incident. I see this often. The speculative "probably" is elevated to the status of proof. People justify their hatred of gun owners with their own prejudices, and cite as evidence their own superstitions. Probably is not proof, probably is a prejudice.

I read an article about avid Cowboy Action shooters. Two of the ladies involved disliked guns until their husbands introduced them to Cowboy Action. The ladies saw the costumes, the contests and the fun and LOVED it. Perhaps it was just an excuse to go shopping, one their husbands would embrace; I do not care if it brings new shooters into the community.

I was reading the Missouri case State v Wood where a policeman encountered Mr. Wood who appeared to be a model for a Drug Enforcement Agency poster. The officer asked "Would you mind if I search you for weapons or drugs?" Mr. Wood’s response was "Sure". The officer then searched Mr. Wood who was, in the vernacular, "holding". His attorney attempted to suppress the search stating that Mr. Wood’s response was a refusal of the officer’s kind invitation. The Court ruled, "There was nothing abut Defendant’s statements, body language or demeanor which suggested to (officer) that Defendant didn’t want to be searched." Of course, if there had been, he would have also been charged with resisting arrest. So the safe response is "No No A Thousand Times No! Unhand Me You Brute!" and then curl up in the fetal position. Of course if they find drugs that will probably not suffice either.

I am reminded the "Scooter" Libby was not convicted of exposing a CIA officer; it was found that no such crime occurred. He was convicted of lying about a crime which did not occur. This curious offense is the very reason Martha Stewart went to prison, for lying about events which were not a crime. This presents another reason for remaining silent during questioning. If the government later decides that any inaccuracy, memory lapse or assumption made during the course of questioning is a lie, charges will follow. If any statement is not what the government wanted to hear, the only possible explanation is that you are lying. Remain silent, get a lawyer.

"One, two! One, two! And through and through

The vorpal blade went snicker-snack!

He left it dead, and with its head

He went galumphing back."

"Jabberwocky" by Lewis Carroll

Many concealed-carry holders carry a knife in the hope that it is a "vorpal" blade, and that "vorpal" is a good thing. Many are careless about concealing knives; I see many clips flashing outside of pockets, which can attach nothing but a knife. These knives may draw unfriendly attention. Many comment that people seem to fear knives more than guns; this is why military rifles still take bayonets. A distinguished commentator mentions people using expensive combat folders to cut string and open boxes, a practice he proclaims as "stupid". It is best to be discrete when the occasional problem demands a snicker-snack solution. But when the Worst Thing happens, and the police are inventorying your property, they will mention the vorpal blade. They may not use that term, but at some point a prosecutor will demand why you carry a vorpal blade when you walk among decent folks, a knife only used to kill. It would be useful to explain that you are often confronted with string and boxes and products packaged in plastic bubbles which can be opened only with the most vorpal of blades. It makes for a better defense in court and a better chance that at the end of the day you will go galumphing home.

Second Amendment Foundation’s Alan Gottlieb appeared on a TV news program opposite the Brady Campaign’s Paul Helmke regarding our new Castle Doctrine law. Helmke claimed that he has been trying to find instances where a person was sued after an act of self-defense and cannot. He has not been trying very hard. We all heard of Bernard Goetz who shot four muggers in the NY subway, was acquitted of the criminal charges, was sued for $43 Million, and lost. I provided Mr. Gottlieb with details of a Missouri farmer who acted in self-defense and was sued for "negligence" by the parents of a deceased burglar. One of the "negligent" acts they claimed was my client’s failure to put out "no trespassing" signs. He actually had put out such signs, but the plaintiffs were not going to let the facts get in the way of a good lawsuit.

John Perry of Leavenworth Knife Works has donated a beautiful 8-inch bowie knife with elk horn handles for us to raffle. The blade is engraved "WMSA 2007" but can probably be used in other years as well. As always, if no one buys a ticket, I get to keep it.

Jim Cirillo, the most experienced gunfighter in the United States, has been killed in an auto accident. One of the members of the NY City stakeout squad, Cirillo’s team would take cover in a store thought to be a likely criminal target. In the early days of the squad criminals declined invitations to surrender and Mr. Cirillo prevailed in more gunfights than any other officer in modern times. Later in the history of the squad, criminals surrendered promptly. The reputation of the squad penetrated even their drug-addled brains. The experience gave Mr. Cirillo decided views on ammunition, guns, and tactics. He taught a course in the Kansas City area and I was fortunate enough to attend. We learned that we could shoot and prevail under adverse conditions. Mr. Cirillo was a great instructor, an author, and witty conversationalist. He will be missed.

I was reading an NRA magazine from 1971. A Florida police officer had to travel to New York City for a shooting demonstration. Because of New York’s notorious law, she had to have a temporary license to possess her guns in that city. Federal law has corrected this insanity, but there is much more insanity which begs to be corrected.

The June, 1970 American Rifleman reports that then NRA Director Robert J. Kukla went to the aid of a Chicago woman who had been mugged. The woman’s family asked Mayor Daley to commend his help. I have not checked, but I doubt that hell has frozen over.

Lt. Col. Ed Monk, who was active in WMSA when stationed at Ft. Leavenworth, was profiled in Concealed Carry Magazine. He says that outside the military he has never used his gun in self-defense. He goes on to say that he has never had his airbags deploy either and is just as happy.

We shall overcome.