Big Weeks Ahead - FYI

[Ed Ely]

In just over two weeks, we’ll find out if the Second Amendment is a basic tenet of this nation, or a dead letter leftover from simpler times. At this point, I’m not putting money the idea of the Second Amendment being as important as any of the others. That’s because the Supreme Court keeps giving what appears to be an inordinate amount of credence to the amicus brief filed by the Solicitor General of the United States. In that brief, Solicitor General Paul Clement says that while the Second Amendment states a valid and individual right, it is equally appropriate to put commonsense regulation into place. Those "commonsense regulations" incidentally, would include background checks, bans on "certain types of weapons" (presumably only those he believed to be too-large, too-small, too-loud, too-quiet, too-powerful, and of course, those available to average citizens), and other ideas that seem sensible to someone who holds the core belief that the average American is too-stupid to be trusted.

The fact that President Bush didn’t demand the S-G’s resignation, denounce him publicly while ordering the Justice Department to file another brief and then apologize to the gun owners of America only proves the only thing on his mind these days is (as is the case with lame duck presidents) his legacy. That legacy thing has been the downfall of many pretty good presidents. Unfortunately, it may mean the downfall of the Second Amendment of the Constitution of the United States, but that’s still a crap shoot with eight men and one woman rolling the dice for the rest of us.

In Arizona and Alabama, legislation that would allow concealed-weapons permit holders to carry a firearm at state supported schools progresses. Arizona’s Bill (Senate Bill 1214) has cleared the Senate Judiciary Committee (4-3) and is now headed to the Senate Rules Committee. Alabama’s legislation is still plodding through the committee process as well.

One bit of legislation moving through the Arizona legislative process, however, decidedly is unfriendly to gun owners. Arizona House Bill 2833 would require – as early as 2009 – bullet serialization. That’s the process where each round of ammunition is identified and marked with a laser-engraved serial number.

This whole idea is laughable, but the measures keep being introduced around the country to call for individual identifiers on each round of ammo. As Lawrence G. Keane of the NSSF has written, it’s neither practical nor prudent.

"If manufacturers had to comply with bullet serialization, NSSF estimates that it would take almost three weeks to manufacture what is currently made in a single day," says Keane. "This massive reduction in ammunition would translate into substantially lower sales and profitability, and ultimately force major ammunition manufacturers to abandon the market. In turn, there would be a severe shortage of serialized ammunition and all consumers, including federal, state and local law enforcement agencies, would be faced with substantial price increases. Ammunition will go from costing pennies to several dollars per cartridge."

There’s a good reason to believe that anti-gun groups hope that Keane’s words are correct – nothing would stop the firearm industry quicker than exorbitantly expensive ammunition. And a gun without ammo is a poor tool for anything – including self-defense.

As the case of D.C. versus Heller moves closer to a decision, an examination of the groups filing on behalf of Dick Heller – and by extension the Second Amendment include everyone from the "usual suspects" the NRA, NSSF, Second Amendment Foundation, Cato Institute, et al, to one group that has to cause a conflict in the traditionally more liberal anti-gun movement. The Pink Pistols, an organization founded in 2000 to " advocate on behalf of lesbian, gay, bisexual and transgendered (hereinafter LGBT)
firearms owners, with specific emphasis on self- defense issues. " This group was formed for the purpose of protecting the above-described LGBT groups from hate crimes and violence.

In their filing, they point out that: "anti-gay hate crimes occur in the home than in any other location, and there are significant practical limitations on the ability of the police to protect individuals against such violence. Thus, the right to keep and bear arms for self-defense in one’s home is of paramount importance to Pink Pistols and members of the LGBT community."

To their members, possession of a firearm is "essential for a sense of personal security – a fact generally lost in the majoritarian debate about restricting individual’s access to, and use of, firearms."

In their filling, the Pink Pistols make the point that the District of Columbia’s ban, in fact, makes their members even more likely to be victims. In fact, more than a third of the anti-gay attacks in Washington, D.C. involved firearms, compared to only nine percent nationally.

Sounds vaguely like the criminals don’t really seem overly concerned about the ban, doesn’t it? Another point lost on those who believe disarming law-abiding citizens, whatever their personal lifestyle, makes for a safer society.

Admittedly, I had never considered their unique perspective, but the point made in their amicus filing is equally valid in all instances and to all people: if you are denied the right to protect yourself in your home by any and all means available, including firearms, you are being made into a victim by legislative decree.

It’s my hope the myriad filings in support of the individual interpretation Second Amendment are the first step in a growing tide of sentiment against the "nanny-state" mentality engendered by feel-good legislation. Legislation that in this case, not only flies in the face of logic, but, in fact, puts citizens at peril.

Of course, having already been labeled an "angry white man" by those who say my belief in fair laws, strong defense, real borders and fair taxes are intolerant, I could be wrong. I just hope I’m not.

--Jim Shepherd

FYI

Ed

[AZXD]

Thanks Ed,
Now I can go to work upset, frustrated, and a little more apprehensive about the outcome of this case

[mhillsing23]

Not the best of news (if it turns out this way), but well written article. Thanks Ed.