Quote of the Day: Federal Farmer Edition

From our favorite Brady Board member:

What the heck does “Federal Farmer #18” have to do with modern day America? […] So, are we to believe that these letters are the foundation for our country? No. They are written by an anonymous person who did not like the provisions of the Constitution nor the idea of a strong federal government. They are not the law of the land. They are letters written more than 200 years ago by a private citizen. Do you actually believe this stuff?

They are extremely relevant to modern day America because we are still engaged in some of the very same debates, arguments between federal powers, state powers, and powers retained by the people. In fact, we’ve been arguing about that topic since the country was founded. So it’s difficult for me to see why someone would suggest they have no relevance in today’s world. I think the debates are still highly relevant, for instance, Federal Farmer 18 is fairly important for understanding the context of the militia in 18th century America. The Second Amendment begins with “A well-regulated militia,” so if you’re going to set out to interpret what could have been meant by that, Federal Farmer 18 is certainly among the sources:

A militia, when properly formed, are in fact the people themselves, and render regular troops in a great measure unnecessary. The powers to form and arm the militia, to appoint their officers, and to command their services, are very important; nor ought they in a confederated republic to be lodged, solely, in any one member of the government. First, the constitution ought to secure a genuine and guard against a select militia, by providing that the militia shall always be kept well organized, armed, and disciplined, and include, according to the past and general usuage of the states, all men capable of bearing arms; and that all regulations tending to render this general militia useless and defenceless, by establishing select corps of militia, or distinct bodies of military men, not having permanent interests and attachments in the community to be avoided.

The debates surrounding the distribution of military power, that were hashed out in the Constitution, are not serious debates today. The federalists not only won on that count, but we’ve largely abandoned the militia system as the cornerstone of our national defense. Very few people seriously advocate replacing the US Army and Air Force with a citizen militia. Our military institutions are well-respected by most people on our side of the issue, and we do not fear them. But we are still having a debate on the meaning of the Second Amendment, and that’s where these documents are relevant.

The problem is, our opponents do not wish to debate the Second Amendment. They do not even wish to debate. While their lack of real grassroots is prime cause for the downfall of their movement, failing to build a serious, intellectual case for their cause within the contexts of American constitutional law and traditions, has also been a major factor.

It is certainly possible to make such arguments, but they would not be as emotionally satisfying to proponents. The modern gun control movement largely emerged from xenophobic and racial anxieties that arose as we moved from a more agrarian, rural economy, to a more urban and industrial economy, fueled heavily by immigrant labor, and from blacks migrating to the North from the South. The history on this is fairly unassailable, but our opponents have largely taken the ostrich approach to dealing with these facts, and learning and understanding the subtle nuances of folk and constitutional traditions surrounding gun ownership.

Make no mistake, I don’t believe modern gun control advocates are fueled by racists and xenophobic fears, I think they are largely afraid of anyone with a firearm, but they have continually denied history, and denied its relevance. This has been a great advantage to our side in this debate, as it allows us to have one. The reason our opponents don’t want to debate, is because they can’t. They can’t because they’ve had no serious intellectual challenge to the case we’ve built against them. They aren’t going to accomplish that with the leadership of any of the current gun control advocacy groups, save perhaps MAIG and Joyce. MAIG is probably too political an organization, and Joyce wastes and has wasted a great deal of money on people and organizations who are far too light weight to get the job done. While MAIG is close, I still don’t think we’ve seen what will replace the modern gun control movement once it sinks into oblivion. But something will replace it.

UPDATE: More from japete, in response to jdege:

Most people are just not interested in your version of history and gun use in days gone by.

Funny, our traffic numbers say otherwise, and that’s not even counting blogs that aren’t politically centered, like The Firearm Blog, which I’m pretty sure draws about 8x the traffic this one does. Plus, we don’t need most people to be interested. Most people aren’t interested in golf either, but that doesn’t matter. As long as there are more of us than there are of you, we’ll be the ones that have more political relevance.

Who Needs Carry on National Lands?

A California City Councilman was killed when he and a co-worker, who were both involved in forest land management, stumbled onto a marijuana field. This didn’t happen in a National Park or National Forest, but these kinds of grow operations happen there regularly.

States of Emergency & Carry in PA

With several Pennsylvania Counties under State of Emergency declaration, it’s worth noting an aspect of Pennsylvania law:

§ 6107. Prohibited conduct during emergency.

No person shall carry a firearm, rifle or shotgun upon the public streets or upon any public property during an emergency proclaimed by a State or municipal governmental executive unless that person is:

  1. Actively engaged in a defense of that person’s life or property from peril or threat.
  2. Licensed to carry firearms under section 6109 (relating to licenses) or is exempt from licensing under section 6106(b) (relating to firearms not to be carried without a license).

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days)

Ordinarly you can carry a handgun, SBR or SBS without a License to Carry Firearms (LTCF) in Pennsylvania, provided that you do not conceal it, or have it in your vehicle. Long guns follow the same rules, except you can conceal it (if you can) but it must be unloaded in a vehicle.

The exception to this is Philadelphia, where you need an LTCF to carry any firearm on the public streets, open or concealed. During a declared State of Emergency, those areas affected by the declaration become just like Philadelphia, you need an LTCF even to carry openly.

For a lot of reasons, even if you carry openly, it’s a good idea to have an LTCF. Lots of towns declare States of Emergency for silly reasons, like Chester and a few other cities recently declaring them for high crime. In addition, while the Federal Gun Free School Zones Act has never been constitutionally re-tested, it only exempts you if you have a license from the state in which you reside. That law applies to within 1000 feet of a school.

Melson Being Moved

This is an interesting development. Looks like he’s being moved to Justice, presumably where higher ups can keep a closer eye on what he’s up to. This comes as the Congressional investigation probes just how high the Fast and Furious scandal goes. It’ll be interesting to see the Congressional reaction to this reassignment, and whether Melson will continue to cooperate with the investigation.

Arms Trade Treaty

The left is busy trying to debunk Chuck Norris’s assertion about the UN Arms Trade Treaty. It’s also being covered by a blog UN Dispatch. You can find a source of documents here.

All I know is this: we do not yet have any formal treaty, but the parties involved with this are people I did not vote for, nor had a chance to vote for and  I do not trust them or their intentions. So as far as I’m concerned, they can take their treaty and shove it where the sun don’t shine, whether Chuck Norris is right or wrong. But everything I’ve seen suggests there’s much to worry about. From the UN Office for Disarmament Affairs (the name of which should raise eyebrows immediately):

In considering problems relating to the unregulated circulation of small arms, it remains essential to focus on integrated policy approaches. The changing nature of armed violence, including where the United Nations has been active in peace operations, post-conflict reconstruction or development assistance, has blurred the line between armed conflict and crime, and between politically motivated and economically motivated violence. Peacekeeping and peacebuilding activities and development assistance require planning for small arms control and armed violence reduction as a priority. In such contexts, it is vital that traditional arms control measures be integrated into interventions that target the demand for weapons and enhance the ability of security providers and governance authorities to strengthen community security, manage conflict and mitigate violence.

Also from this document here:

The draft Bill establishes a principle that has developed globally in the last decade, and is a core objective of many government’s efforts to strengthen their national legislation: “the possession and use of weapons is a privilege that is conditional on the overriding need to ensure public safety.”

[…]

Policies targeting specific SALW typically do so because of certain features – such as lethality or easily concealable firearms – that make them particularly dangerous for civilian use. Specific SALW may also be prohibited because they are not only extremely deadly, but appear to serve no legitimate civilian function.

[..]

Licence applicants may be required to provide a good reason, justifying why they need to possess a firearm. Legislation may prescribe the circumstances under which possession of a firearm may be justified.

If‘personal protection’is permitted as a good reason, applicants should prove to the police that they are in genuine danger that could be avoided by being armed. Research from UNDP in El Salvador indicated that when firearms were used in self-defence, the person was four times more likely to be killed than when firearms were not used in self-defence.

Sorry, given the supporting documents for this Treaty, it’s hard for me to say that Chuck is wrong. In fact, given that the United States accounts for about 1/4 of the UN budget, I would suggest pissing off the most powerful lobbying group in the country is a bad idea if you want to continue to occupy significant space on some of the most valuable real-estate in our country.

Don’t let the left fool you. There’s plenty to worry about from the UN. While we have the votes to prevent ratification of this treaty, it could wreak havoc with arms and ammunition from countries that do sign on. Take a look at some of your favorite cheap ammo, and see where it comes from. Them do the same for your guns. This is a big deal no matter what they tell you.

Comment and E-Mail Response

I normally make an effort to follow along with the comment threads, and try to read and respond to every e-mail. But while our blog hosting site (also known as my basement) is up and running fine, our off-site-backup and e-mail provider (also known as my friend Jason’s basement) is still without power since the storm. Since the town he’s in is along the Delaware River, they are still experiencing flooding, as the river is still above flood stage. While his house is well above the river, flooding could conceivably complicate power restoration.

Quote of the Day: Gun Traditions

The Boston Globe says:

NEW ENGLAND has a centuries-old tradition of both gun manufacturing and gun control. It shouldn’t have to pick between the two. However, at least one manufacturer is trying to force the matter. Proposals to require that guns be made suitable for micro-stamping, a technology which would allow shell casings to be traced back to the exact gun they were fired from, have been introduced in the Connecticut, Rhode Island, and Massachusetts legislatures. These have drawn significant criticism from gun manufacturers, at least one of which, Colt, is threatening to move out of New England if such legislation is adopted.

The rest of this sorry article admonishes the manufacturers for holding jobs hostage. Like the manufactures owe the hostile New England states a living, and are required to continually bend over and take it. No blame for the politicians pushing a completely unproven and dubious technology? It’s the politicians threatening the jobs, you ignoramuses at the Globe, not the manufacturers.

But not only is does the Globe show ignorance of who to blame, they show an ignorance of history as well. The Globe describes gun control in New England as a “centuries old tradition”. Reality is, it’s not even a century old tradition, at least not for the kind of gun laws that the Globe regularly speaks in favor of. Most of it, in fact, is less than a half-century old, and much less than 25. Centuries old Boston gun control was regulating where and how one could set up for target practice on Boston Commons, or the old Boston ordinance that said if you’re going to store your rifle, musket, pistol, bomb grenade or artillery piece, it would be nice if you stored it unloaded/deactivated so as not to cause fire hazards. It was still, until the 20th century, legal to carry a loaded pistol around Boston. Does the Globe favor returning to that gun control tradition?

This is not a tradition, Globe Editorial Board, it is a thoroughly modern hysteria. The legal framework this hysteria has produced, is in the process of being dismantled, using our very real constitutional tradition. Imagine that, Globe Editorial Board.

Mexico Blames US Gun Laws for Casino Attack

This takes a pair:

His voice cracking with emotion, President Felipe Calderon said Friday that the United States bore some blame for “an act of terror” by gangsters who doused a casino with gasoline and set a blaze that killed at least 52 people.

Followed by:

But in unprecedented, direct criticism of the United States, Calderon said lax U.S. gun laws and high demand for drugs stoked his nation’s violence. He appealed to U.S. citizens “to reflect on the tragedy that we are living through in Mexico.”

So someone kills a bunch of people using matches and gasoline, a weapon we regularly refer to as an easy way to kill a lot of people when our opponents insist guns must be controlled, because they can kill a lot of people easily… and the conclusion is our gun laws are to blame? This guy puts some of our worst city politicians to shame with deflecting blame.

And I’ve reflected, Mr. President, on the “tragedy we are living through in Mexico,” and have come to the conclusion the problem is that your country sucks. That’s not my country’s fault. Remember, we’re not building fences to keep our people in. There’s a reason for that.

Anti-Gun Group Primer

Thirdpower does a pretty thorough post on the anti-gun group, where they came from, who funds them, and various other details. Not surprising the name “Joyce” appears 15 times in the post.

Irene is starting to come in. The rain is getting heavy, and the wind is picking up. Not much worse than a spot of thunderstorms so far, but unlike those, this will hang about for a bit dumping rain. My waterworks are holding up pretty decently. The sump pump isn’t having to work all that hard, so if power goes out, I think my backup pump can stand up, especially assisted by the fresh marine deep cycle battery.

Operation “Keep the Water the Hell Away From the House” seems to be succeeding so far, but my waterworks won’t stand up to very heavy winds, since I have aluminum tubing and ducting carrying the water far away from the house.