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Showing posts with label school shootings. Show all posts
Showing posts with label school shootings. Show all posts

Sunday, April 19, 2015

Open Firearms Carry On Michigan School Properties...

There is growing debate regarding our right in Michigan to openly carry firearms on school property when in possession of a concealed pistol license.
There shouldn't be.
Michigan's law is very clear: open carry onto school property by one holding a concealed pistol license is expressly protected (note that I do not say "permitted - it is a RIGHT, not a privilege), and the federal Gun Free School Zones Act (18 USC 922) also contains a specific exemption for concealed pistol license holders: 
"B) Subparagraph (A) does not apply to the possession of a firearm—
[…] (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;"
For further discussion of Michigan's law, I refer you to MSP legal update 86, which states, 
"The above section does not apply to any of the following:
[…]  A person with a valid concealed pistol license (CPL) issued by any state "
https://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf
That public schools are government entities and therefore subject to Michigan's firearms pre-emption law is clearly established under both federal and state laws and guidelines.
Under IRS definitions, public schools are "instrumentalities," agencies (branches) of governments: 
"An instrumentality is an organization created by or pursuant to state statute and operated for public purposes. Generally, an instrumentality performs governmental functions… 
In Revenue Ruling 57-128, the IRS addressed the question of whether an organization is wholly-owned by one or more states or political subdivisions. In making this determination, the following factors are taken into consideration:
  • Whether it is used for a governmental purpose and performs a governmental function
  • Whether performance of its function is on behalf of one or more states or political subdivisions
  • Whether there are any private interests involved, or whether the states or political subdivisions involved have the powers and interests of an owner
  • Whether control and supervision of the organizations is vested in public authority or authorities
  • Whether express or implied statutory or other authority is necessary for its creation and/or use of the instrumentality, and whether such authority exists
  • The degree of financial autonomy and the source of operating expenses"
According to census.gov, with only a few exceptions, school districts are counted as government entities.

Under MCL 380.501, "A public school academy is a body corporate and is a governmental agency."

Under MCL 380.1311d, "...the strict discipline academy corporation is a governmental entity."

MCL 380.552"...the school of excellence is a governmental entity."

In Michigan, school districts have the power of taxation through the levy of property taxes, making them government subdivisions.

By all objective measures, school districts in Michigan are local units of government and are covered under MCL 123.1102,
"A local unit of government shall not impose special taxation on, enact or enforce any ordinance or regulation pertaining to, or regulate in any other manner the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms, except as otherwise provided by federal law or a law of this state."
Schools are trying to have it both ways.  On the one hand, they claim NOT to be government agencies for purposes of avoiding Michigan’s pre-emption law, yet they claim the protection they believe their status as government subdivisions affords them in immunity from prosecution.

They can’t have it both ways.  Their appeal to immunity means they truly recognize their status as local units of government.


Assuming their status as local units of government grants them immunity from prosecution, this argument holds up only in so far as the policies and actions of the government agency are lawful. Government immunity does not provide blanket immunity against unlawful policies or activities; policies that violate Michigan's pre-emption law are clearly illegal, therefore invalidating any claim to immunity.

Wednesday, June 11, 2014

Pres. Obama Praises Australian Gun Confiscation Program: An Open Letter...

June 11, 2014
Pres. Barack Obama
The White House
Washington, D.C.

Mr. President,

While you have praised the Australians for ridding their society of firearms, you obviously haven’t looked to see just what effect such measures actually had:



Some scholars even credit the 1996 gun law with causing the decrease in deaths from firearms, though they are still debating that point. A 2003 study from AIC, which looked at rates between 1991 and 2001, found that some of the decline in firearm-related homicides (and suicides as well) began before the reform was enacted. On the other hand, a 2006 analysis by scholars at the University of Sydney concluded that gun fatalities decreased more quickly after the reform. Yet another analysis, from 2008, from the University of Melbourne, concluded that the buyback had no significant effect on firearm suicide or homicide rates.
So there’s no consensus about whether the changes decreased gun violence or had little to no effect. But the only argument we’ve seen arguing that it caused an increase in murder comes from our anonymous e-mail author.
The claims about Australian gun control were circulating as far back as 2001, when Snopes.com went over them and concluded that they were a "small, mixed grab bag of short-term statistics" signifying little, Gun Control in Australia.
Britain, another country in which firearms are essentially banned, has similarly seen increases in the use of firearms in crimes:

The Government's latest crime figures were condemned as "truly terrible" by the Tories today as it emerged that gun crime in England and Wales soared by 35% last year.
Criminals used handguns in 46% more offences, Home Office statistics revealed.
Firearms were used in 9,974 recorded crimes in the 12 months to last April, up from 7,362.
It was the fourth consecutive year to see a rise and there were more than 2,200 more gun crimes last year than the previous peak in 1993.
Figures showed the number of crimes involving handguns had more than doubled since the post-Dunblane massacre ban on the weapons, from 2,636 in 1997-1998 to 5,871.
Unadjusted figures showed overall recorded crime in the 12 months to last September rose 9.3%, but the Home Office stressed that new procedures had skewed the figures.
Shadow home secretary Oliver Letwin said: "These figures are truly terrible.
"Despite the street crime initiative, robbery is massively up. So are gun-related crimes, domestic burglary, retail burglary, and drug offenses.
"The only word for this is failure: the Government's response of knee-jerk reactions, gimmicks and initiatives is not working and confused signals on sentences for burglary will not help either.
"The figures will continue to be dreadful until the Government produces a coherent long term strategy to attack crime at its roots and get police visibly back on our streets."
Gun crime would not be cracked until gangs were broken up and the streets "reclaimed for the honest citizen by proper neighborhood policing", he added,” Gun Crime Soars in England Where Guns Are Banned, Katie Pavlich.
In fact, in the years that have passed since the Aussie government confiscated hundreds of thousands of legally owned firearms, they have been replaced by hundreds of thousands of other firearms that were brought into the country illegally, essentially nullifying the original confiscation, the net result being that the bad guys have the guns, while the law abiding do not.  Additionally, in terms of overall violent crime, Britain's rate of violent crime is FIVE TIMES that of the US - 400 per 100,000 population in the US vs. nearly 2100 per 100,000 in Britain - and in Britain and Canada, nearly half of all burglaries are committed while the residents are in the home, vs only 13% here in the US.

Yeah, Mr. President - those gun control provisions have been real game changers - for the criminals.

The reality is,
those who study mass shootings say they are not becoming more common.
There is no pattern, there is no increase," says criminologist James Allen Fox of Boston's Northeastern University, who has been studying the subject since the 1980s, spurred by a rash of mass shootings in post offices.
The random mass shootings that get the most media attention are the rarest, Fox says. Most people who die of bullet wounds knew the identity of their killer.
Society moves on, he says, because of our ability to distance ourselves from the horror of the day, and because people believe that these tragedies are "one of the unfortunate prices we pay for our freedoms."
Grant Duwe, a criminologist with the Minnesota Department of Corrections who has written a history of mass murders in America, said that while mass shootings rose between the 1960s and the 1990s, they actually dropped in the 2000s. And mass killings actually reached their peak in 1929, according to his data. He estimates that there were 32 in the 1980s, 42 in the 1990s and 26 in the first decade of the century.
Chances of being killed in a mass shooting, he says, are probably no greater than being struck by lightning.
Still, he understands the public perception — and extensive media coverage — when mass shootings occur in places like malls and schools. "There is this feeling that could have been me. It makes it so much more frightening," Mass shootings are not growing in frequency, experts say, Associated Press.
In other words, media coverage gives the perception that such events are on the rise, when, in fact, the long term trend indicates otherwise.

Mr. President, the fact is that such measures will stop nothing.  Even in countries in which access to firearms is banned or heavily regulated, those determined to obtain them find ways to do so.


If you are truly as concerned about this issue as you claim to be, then begin addressing the problems that lead to such events that were outlined in the study YOU commissioned.

Tuesday, December 17, 2013

Critical Lessons Lost To History….

Insights from two men of history who were much smarter than I.
"A principal source of errors and injustice are false ideas of utility. For example: that legislator has false ideas of utility who considers particular more than general conveniencies, who had rather command the sentiments of mankind than excite them, and dares say to reason, `Be thou a slave'; who would sacrifice a thousand real advantages to the fear of an imaginary or trifling inconvenience; who would deprive men of the use of fire for fear of their being burnt, and of water for fear of their being drowned; and who knows of no means of preventing evil but by destroying it. THE LAWS OF THIS NATURE ARE THOSE WHICH FORBID TO WEAR ARMS, DISARMING THOSE ONLY WHO ARE NOT DISPOSED TO COMMIT THE CRIME WHICH THE LAWS MEAN TO PREVENT. CAN IT BE SUPPOSED, THAT THOSE WHO HAVE THE COURAGE TO VIOLATE THE MOST SACRED LAWS OF HUMANITY, AND THE MOST IMPORTANT OF THE CODE, WILL RESPECT THE LESS CONSIDERABLE AND ARBITRARY INJUNCTIONS, THE VIOLATION OF WHICH IS SO EASY, AND OF SO LITTLE COMPARATIVE IMPORTANCE? Does not the execution of this law deprive the subject of that personal liberty, so dear to mankind and to the wise legislator? and does it not subject the innocent to all the disagreeable circumstances that should only fall on the guilty? IT CERTAINLY MAKES THE SITUATION OF THE ASSAULTED WORSE, AND OF THE ASSAILANTS BETTER, AND RATHER ENCOURAGES THAN PREVENTS MURDER, AS IT REQUIRES LESS COURAGE TO ATTACK UNARMED THAN ARMED PERSONS," Cesare Bonesana, "On Crimes and Punishment," 1764.
"But the position laid down by Lord Sandwich, is a clear demonstration of the justice of defensive arms. The Americans, quoth this Quixote of modern days, will not fight; therefore we will. His Lordship’s plan when analized amounts to this. These people are either too superstitiously religious, or too cowardly for arms; they either cannot or dare not defend; their property is open to any one who has the courage to attack them. Send but your troops and the prize is ours. Kill a few and take the whole. THUS THE PEACEABLE PART OF MANKIND WILL BE CONTINUALLY OVERRUN BY THE VILE AND ABANDONED, WHILE THEY NEGLECT THE MEANS OF SELF DEFENCE. THE SUPPOSED QUIETUDE OF A GOOD MAN ALLURES THE RUFFIAN; WHILE ON THE OTHER HAND, ARMS LIKE LAWS DISCOURAGE AND KEEP THE INVADER AND THE PLUNDERER IN AWE, AND PRESERVE ORDER IN THE WORLD AS WELL AS PROPERTY. The balance of power is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; BUT SINCE SOME WILL NOT, OTHERS DARE NOT LAY THEM ASIDE. AND WHILE A SINGLE NATION REFUSES TO LAY THEM DOWN, IT IS PROPER THAT ALL SHOULD KEEP THEM UP. Horrid mischief would ensue were one half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves," Thomas Paine, Thoughts on Defensive War," published in Pennsylvania Magazine, 1775. 
What is true of nations is true of individuals as well. Since some will not lay down their arms, others dare not. While a single bad guy refuses to lay them down, it is proper that all should keep them up.


Remember, Thomas Paine was a Quaker - a pacifist, but even HE recognized the truth of this precept.

Thursday, October 24, 2013

Two School Shootings This Week....

The week of October 26, 2013.

First, Nevada.  Two days later,  a Massachusetts teacher is murdered on school grounds.
"...there are really only two choices for protecting open societies from attacks like the one on Westgate mall where so-called 'soft targets' are hit: either create secure perimeters around the locations or allow civilians to carry their own guns to protect themselves.
'Societies have to think about how they're going to approach the problem,' Noble said. 'One is to say we want an armed citizenry; you can see the reason for that. Another is to say the enclaves are so secure that in order to get into the soft target you're going to have to pass through extraordinary security... 
How do you protect soft targets? That's really the challenge. You can't have armed police forces everywhere... 
What I'm saying is it makes police around the world question their views on gun control. It makes citizens question their views on gun control. You have to ask yourself, 'Is an armed citizenry more necessary now than it was in the past with an evolving threat...'"
Ron K. Noble, Secretary General, Interpol
Interpol chief ponders armed citizenry 

Providing "extraordinary security" for schools is a practical and financial impossibility. It is too expensive, and there have been cases where school shootings take place outside the buildings where metal detectors and bag searches are going to find nothing. Half-mile gun free zones around schools have stopped nothing.

It is time to admit that the gun free school zones experiment, which has been ongoing for over twenty years, is a complete and utter failure and let teachers, staff, and parents defend themselves and their students.

Period.

This IS the common sense approach.

Monday, July 8, 2013

Tuesday, June 11, 2013

Pres. Obama: Law Enforcement OVERWHELMINGLY OPPOSES Gun Control Legislation...


The following letter was faxed to Pres. Obama and my legislators from Michigan:
June 11, 2013
President Barak H. Obama
The White House

Mr. President,
Some time back, you stood in front of the cameras with a few police chiefs and told us that law enforcement overwhelmingly backs gun control.  A recent poll of more than 15,000 law enforcement officers, over 70% of which were officers, not elected police chiefs, however, tells a far different story.
Among the results:
* 95% of respondents said that limiting magazines to 10 rounds would not reduce violent crime.
* 90% oppose banning certain semi-automatic firearms.
* 85% said that proposed federal gun control legislation would have no effect on reducing crime, or would even INCREASE crime.
* NEARLY 90% SAID THAT THE PRESENCE OF LEGALLY-ARMED CITIZENS AT OUR RECENT MASS SHOOTING INCIDENTS WOULD HAVE EITHER REDUCED OR COMPLETELY PREVENTED CASUALTIES.  This result, by the way, mirrors a statement issued last year by the border patrol officer's union:
"06-20-12 In another nauseating series of "Virtual Learning Center" brainwashing courses that Border Patrol agents are forced to sit behind a computer for hours and endure, we are now taught in an "Active Shooter" course that if we encounter a shooter in a public place we are to "run away" and "hide". If we are cornered by such a shooter we are to (only as a last resort) become "aggressive" and "throw things" at him or her. We are then advised to "call law enforcement" and wait for their arrival (presumably, while more innocent victims are slaughtered). Shooting incidents cited in the course are Columbine, the Giffords shooting and the Virginia Tech shooting. 
These types of mandatory brainwashing courses and the idiocy that accompanies them are simply stunning when they are force-fed to law enforcement officers. Anyone with an ounce of common sense knows that any three of the above shootings would have been stopped cold by an off-duty law enforcement officer or a law abiding citizen with a gun. The Fort Hood shooting would have been stopped cold by someone with a gun as well. The shooters in these situations depend on unarmed and scared victims. It gives them the power they seek. We could go on and on with examples of shootings that could have been stopped by someone with a firearm…"
* More than 80% favor arming school employees.
The overall conclusion of the survey?  
"Quite clearly, the majority of officers polled oppose the theories brought forth by gun-control advocates who claim that proposed restrictions on weapon capabilities and production would reduce crime.
In fact, many officers responding to this survey seem to feel that those controls will negatively affect their ability to fight violent criminals.
Contrary to what the mainstream media and certain politicians would have us believe, police overwhelmingly favor an armed citizenry, would like to see more guns in the hands of responsible people, and are skeptical of any greater restrictions placed on gun purchase, ownership, or accessibility.
The officers patrolling America’s streets have a deeply-vested interest — and perhaps the most relevant interest — in making sure that decisions related to controlling, monitoring, restricting, as well as supporting and/or prohibiting an armed populace are wise and effective. With this survey, their voice has been heard."
The full results of the poll can be found here:  Gun Control Survey-11 key findings on officers' thoughts
So contrary to your public statement, Mr. President, law enforcement does not back your proposals.  And the latest polls reveal that the majority of Americans don't, either.  In fact, in terms of national priorities, only 4% list gun control as a top priority.
It is time to cease your attacks on our Second Amendment rights.  The role of government in this and other issues was clearly delineated in the 1875 Supreme Court Case, United States v. Cruikshank:
"With regard to those acknowledged rights and privileges of the citizen, which form a part of his political inheritance derived from the mother country, and which were challenged and vindicated by centuries of stubborn resistance to arbitrary power, they belong to him as his birthright, and it is the duty of the particular state of which he is a citizen to protect and enforce them, and to do naught to deprive him of their full enjoyment. When any of these rights and privileges are secured in the constitution of the United States only by a declaration that the state or the United States shall not violate or abridge them, IT IS AT ONCE UNDERSTOOD THAT THEY ARE NOT CREATED OR CONFERRED BY THE CONSTITUTION, BUT THAT THE CONSTITUTION ONLY GUARANTIES THAT [I]THEY SHALL NOT BE IMPAIRED BY THE STATE, OR THE UNITED STATES, AS THE CASE MAY BE.
Respectfully submitted,

Friday, January 4, 2013


I support the goals outlined in this letter; I urge you to do the same.  Contact your legislators and urge THEM to oppose any legislation that would un-Constitutionally ban or limit ownership of firearms, accessories, or ammunition.


Open Letter to Members of Congress:

In coming weeks, you will face pressure from the Obama administration and others to implement a ban on semi-automatic firearms and certain ammunition feeding devices, and to pass laws requiring private gun transfers to be processed via the National Instant Check System.

Yet the “assault weapon” misnomer is a myth perpetuated by gun control advocates who seek to confuse the public about the difference between millions of semi-automatic firearms, which are functionally identical to hunting rifles, and military “assault rifles,” which are machine guns virtually unavailable to the public since implementation of the National Firearms Act of 1934.

The truth about modern rifles

The modern rifles Senator Dianne Feinstein has, by her own admission, waited decades to ban differ from others primarily by cosmetic features such as barrel shrouds, threaded barrels, flash suppressors, pistol grips and adjustable stocks things which do not affect function. The notion being promulgated by gun control advocates that such features increase lethality by allowing guns to be “fired from the hip” is absurd: Any firearms expert will attest that rifles can only be effectively utilized from the shoulder.

Although you are being told that ammunition used by modern rifles is excessively destructive, in truth it is ballistically inferior to common .30-06 hunting ammunition and was selected by the military not for its lethality, but instead for light weight and low recoil.

And when you hear how “high capacity” magazines increase mortality in mass shootings, understand that Seung-Hui Cho carried no fewer than nineteen magazines for the Virginia Tech rampage, and that nearly all mass murderers who use guns carry multiple firearms, rendering magazine capacity moot. Like the misnomer “assault weapon,” the “high capacity” designation of more than ten rounds for magazines represents nothing more than an arbitrary limit set on devices which have been in common possession since the early Twentieth Century.

Moreover, attempts to process private gun sales through the National Instant Check System represent nothing less than a stepping stone to national gun registration; under the Clinton administration, the FBI retained NICS transaction records in violation of the Brady Act, creating a defacto national registration system.

Most outrageous, however, is Sen. Feinstein’s proposal to regulate “grandfathered” modern rifles under the National Firearms Act. Doing so would not only entail registering millions of existing firearms, but would represent unprecedented expansion of police powers through the BATFE by requiring millions of gun owners to be fingerprinted and photographed like common criminals. Because a large percentage will refuse to comply, the scheme, if implemented, will make felons of otherwise law-abiding citizens.

Semi-auto ban: No impact on violence

Neither have such laws been effective. From 1994 to 2004, the previous ban on semi-automatic firearms and magazines had no impact on school shootings, which actually increased during that period. Indeed, some of the worst school shootings, including Columbine High School, took place during the ban.

Despite predictions from gun control advocates that violent crime would increase after the ban expired, it has actually dropped: According to FBI Uniform Crime Reports, between expiration of the ban in 2004 and the most recent for which data is available (2011), violent crime dropped by 17% and homicide, by 15%.

Meanwhile, weapons use in homicide has remained unchanged and, significantly, use of rifles (including those targeted for bans) declined slightly from 2.7% of homicides in 2004 to 2.5% of homicides in 2011. Clearly, rifles of any type, including those with features targeted by semi-auto bans, are rarely used in crimes.

‘Gun Free School Zones Act’ increased killings

What does appear to have impacted school shootings was implementation of the latest version of the “Gun Free School Zones Act” (GFSZA), which is associated with a dramatic increase in school murders.

Between the first significant school shooting, in 1966, and enactment of the 1996 GFSZA, media summaries reveal 8 shootings with 134 victims killed or wounded a rate of 4.3 victims per year. Between 1996 and 2012, the review finds 62 shootings and 367 victims a fivefold increase to 23 victims per year. Yet, during the same period, FBI Uniform Crime Reports indicate homicide nationwide dropped by 14%.

While media summaries may not be comprehensive, the GFSZA has clearly been an abject failure. 

Worse, evidence suggests it may actually create “kill zones” which attract violent predators.

Researchers John Lott and William Landes, then at Yale and the University of Chicago, respectively, studied multiple victim public shootings. Said Lott, “Gun prohibitionists concede that banning guns around schools has not quite worked as intended—but their response has been to call for more regulation of guns. Yet what might appear to be the most obvious policy may actually cost lives. When gun-control laws are passed, it is law- abiding citizens, not would-be criminals, who adhere to them.”  Examining data from 1976 to 1995, they discovered that mass homicides in states adopting concealed handgun laws declined by 84%, deaths plummeted by 90% and injuries by 82.5%. Crediting the reductions to deterrence (even suicidal maniacs avoid armed victims), Lott and Landes called their findings “dramatic,” concluding: “[T]he only policy factor to have a consistently significant influence on multiple victim public shootings is the passage of concealed handgun laws.”

Coalition position

Members of the National Coalition to Stop the Gun Ban demand that Congress refuse to use lawful gun owners as political scapegoats and instead reduce school violence by:
  •   Defeating any attempt to pass gun control including, but not limited to, banning semi-automatic firearms or magazines, or requiring private gun transfers to be registered through the National Instant Check System; and
  •   Repealing the Gun Free School Zones Act of 1996. 
page2image26496
No ‘compromises’

Some will urge you to “compromise,” perhaps even the National Rifle Association. The many thousands of gun rights supporters represented by the Coalition, however, regard “compromise,” as our opposition defines it, to be a process in which we lose slightly fewer of our rights than under the original proposal. Consequently, any legislation which registers or bans firearms; limits magazine capacity; registers private transactions through NICS; or restricts time, place or manner of self-defense is unacceptable.

Members of Congress who support gun owners by opposing all gun control will, in turn, benefit from support by Coalition organizations. Members of Congress who support gun control by any means, procedural or substantive, will be targeted for defeat by Coalition members. They will be subject to picketing, leaflet drops at events in their districts, phone and mail campaigns, and political action committee opposition. NRA ratings and endorsements will have no impact on Coalition actions.
In coming weeks, we look forward to working with you to reduce school violence by allowing lawful citizens in schools and elsewhere to defend themselves against violent predators.

Respectfully,

The National Coalition to Stop the Gun Ban


Signatories

National Organizations:
The Firearms Coalition
Jeff Knox, Managing Director
Chris Knox, Director of Communications

Gun Owners of America
Larry D. Pratt, Executive Director

Rights Watch International
F. Paul Valone, Executive Director

Second Amendment Sisters
Marinelle Thompson, President
Lee Ann Tarducci, Director of Operations

USRKBA.org
Dave Yates, Co-founder Dave Van, Co-Founder


State-level organizations:
Arizona Citizens Defense League Dave Kopp, President
Arkansas Carry
Steve Jones, Chairman
Florida Carry, Inc.
Sean Caranna, Executive Director Richard Nascak, Executive Director

Grass Roots North Carolina F. Paul Valone, President
Gun Owners Civil Rights Alliance, Minnesota Joe Olson, President
Gun Owners of California
Sam Paredes, Executive Director

Gun Owners of Maine
Shane Belanger, Executive Director

Gun Owners of Utah
Charles Hardy, Public Policy Director

Gun Owners of Vermont
Gary Cutler, Legislative Director

Michigan Gun Owners Jeff LaFave, President
Montana Shooting Sports Association Gary Marbut, President
New Hampshire Firearms Coalition Jonathan R. Evans, Esq, President
New Jersey 2nd Amendment Society Frank Flamingo, President
Nebraska Firearms Owners Association Wesley Dickinson, President
Oregon Firearms Federation Kevin Starrett, Executive Director
Peaceable Texans for Firearms Rights Paul Velte, President
Virginia Citizens Defense League Philip Van Cleave, President
West Virginia Citizens Defense League Keith Morgan, President
Western Missouri Shooters Alliance Kevin Jamison, Press Officer
Wisconsin Carry, Inc Nik Clark, Chairman/President 

Sunday, December 16, 2012

An Open Letter To Michigan Governor Rick Snyder...


Gov. Rick Snyder
Michigan State Capitol
Lansing, MI

Sir,
Today has been a trying day for many, especially the families of those killed and wounded in Newtown, CT.  Our sympathy and prayers go out to them and for them.
But make no mistake, at the end of the day there is no equivalency between SB 59 and what happened in Newtown.
What happened in Newtown is about a person who lost touch with reality, killed his mother, stole her firearms, and then took out his rage on defenseless children and school faculty.  None of the more than 20,000 laws on the books nationwide regulating firearms and their users could have prevented that.
But the deaths of so many children and teachers was preventable.
You see, until 1990, as a nation we averaged about one firearm-related school attack a year, going back fifty years or more.  But in 1990, something changed.
We passed the federal Gun Free School Zones Act (GFSZA).
I am not so naive as to believe that this is the ONLY consideration, but the GFSZA, by declaring schools to be completely gun free, had an unintended effect: it left everyone in schools defenseless against a determined attack.  Since 1990, there have been 225 firearm-related incidents at school nationally, resulting in more than 700 casualties (deaths/ injuries/hostages); 183 of those attacks have occurred since the 1999 Columbine attack.  By completely disarming faculty and staff, the GFSZA guaranteed the highest concentrations of defenseless, soft targets available to someone out for blood.
Something else has happened in those intervening years: numbers of law enforcement officers have declined, resulting in longer response times when such incidents occur.  Grand Rapids, MI, has seen serious reductions in our law enforcement numbers; we are about to lose seventeen more officers, and most of those who are retained will be re-deployed to night hours.  You can imagine what this will do to a daytime emergency response time, which now stands at 18-20 minutes per the Crime Prevention Office of the GRPD.  Detroit’s 911 response time is well in excess of twenty minutes.
How does this affect the outcome of an active shooter incident?
According to a report written by former Kalamazoo news reporter, Brendan Keefe (now in Cincinnati, OH), entitled “When Seconds Count: Stopping Active Killers,” a report based on the conclusions drawn in the wake of the Virginia Tech shooting, observed, “Based on the Virginia Tech data, experts determined the first officer on scene should make entry immediately with an aggressive attack on the shooter. Every minute the officer waits for back-up, another three or more people could die.”  That’s while the officer is waiting for backup.  How many victims died while waiting for officers to respond to the 911 call in the first place?  This is the problem inherent in an approach that is based on sheltering in place and waiting for law enforcement to respond.  And that is what they discovered in Connecticut today - every minute it took for officers to respond resulted in more dead and wounded.  By the time officers arrived on scene and finally effected an entry, nearly all of the fatalities had already occurred - eighteen children dead, two others wounded who would die at the hospital, and nine adults killed, including the gunman, who killed himself.  It was said in an interview with the commander of the Newtown Police that officers responding to the scene “rescued” many children and adults.  While I do not mean to take anything away from the officers, the sad fact is that they “rescued” no one.  “Rescued” would indicate that they encountered the gunman as he carried out his attack, interposed themselves, and neutralized him.  This was not the case.  It is more accurate to say that officers escorted the survivors out of the building.  Killings that could potentially have been prevented occurred because no one inside the building was allowed to exercise their right to self defense.  As Frederic Bastiat observed in his treatise, The Law, self defense is the most basic of all rights: “Nature, or rather God, has bestowed upon every one of us the right to defend his person...” (Frederic Bastiat, The Law, first published in 1850, copyright 2007, Ludwig von Mises Institute, Alabama).
It is said that nature abhors a vacuum.  In this context, that means that the drawdown of law enforcement must be counterbalanced in some other way - and that is where SB 59 becomes so critical.
SB 59 gives responsible adults on the scene the ability to protect themselves AND those for whom they are responsible, whether those are family members, children in a school, or co-workers.  These are people who have already proven themselves, who have been background checked, taught and tested, who typically spend more hours on the range becoming familiar with their firearms than most law enforcement officers.  These are people who deal with trying situations and people on a daily basis in areas other than pistol free zones without ever drawing a firearm - or even threatening the use of one.  Why people believe that the moment one of these citizens steps into a school, all of that restraint and judiciousness will suddenly disappear continues to mystify me.  They have proven themselves.
Many of those who oppose this measure will insist that merely posting signs is an adequate deterrent.  As I have already indicated, referring to the utter failure of the GFSZA to accomplish its stated goal, this also fails the test of reason.
The same report authored by Mr. Keefe referred to yet another discovery made in the wake of the Virginia Tech shooting:
“The other statistic that emerged from a study of active killers is that they almost exclusively seek out "gun free" zones for their attacks.  In most states, concealed handguns are prohibited at schools and on college campuses even for those with permits.  Many malls and workplaces also place signs at their entrances prohibiting firearms on the premises.  Now tacticians believe the signs themselves may be an invitation to the active killers.  The psychological profile of a mass murderer indicates he is looking to inflict the most casualties as quickly as possible.
Also, the data show most active killers have no intention of surviving the event. They may select schools and shopping malls because of the large number of defenseless victims and the virtual guarantee no on the scene one is armed. As soon as they're confronted by any armed resistance, the shooters typically turn the gun on themselves.”
Simply stated, posting a property guarantees nothing.  Signs, like locks on doors, prevent nothing when the attacker is determined to inflict harm
In closing, I would like to leave you with a though expressed in 1764 by Cesare Bonesana, the Marchese Beccaria, in his manuscript entitled, Of Crimes and Punishments (Originally published in Italian in 1764, Translated from the French by Edward D. Ingraham. Second American edition.  Philadelphia (No. 175, Chesnut St.): Published by Philip H. Nicklin: A. Walker, printer, 24, Arch St., 1819.):
“A principal source of errors and injustice are false ideas of utility. For example: that legislator has false ideas of utility who considers particular more than general conveniencies, who had rather command the sentiments of mankind than excite them, and dares say to reason, `Be thou a slave'; who would sacrifice a thousand real advantages to the fear of an imaginary or trifling inconvenience; who would deprive men of the use of fire for fear of their being burnt, and of water for fear of their being drowned; and who knows of no means of preventing evil but by destroying it.
The laws of this nature are those which forbid to wear arms, disarming those only who are not disposed to commit the crime which the laws mean to prevent. Can it be supposed, that those who have the courage to violate the most sacred laws of humanity, and the most important of the code, will respect the less considerable and arbitrary injunctions, the violation of which is so easy, and of so little comparative importance? Does not the execution of this law deprive the subject of that personal liberty, so dear to mankind and to the wise legislator? and does it not subject the innocent to all the disagreeable circumstances that should only fall on the guilty?  It certainly makes the situation of the assaulted worse, and of the assailants better, and rather encourages than prevents murder, as it requires less courage to attack unarmed than armed persons.” (bold added)
Mr. Governor, we can be proactive and restore the individual’s right to protect himself, or we can continue to wait for police to arrive on scene and count bodies later.  We may not be able to completely prevent every situation such as the one that took place in Newtown; at the very least, restoring the right to self defense gives us the ability to prevent incidents of such magnitude from happening.  
I urge you to follow through on your promise to sign this legislation; restore our right to defend ourselves - wherever we may happen to be.
Sincerely,

Tuesday, September 25, 2012

From the Brady Law to the GFSZA - 22 Years of Gun Control "Successes"...


Senator Levin,

Thank you for your recent response to my letter regarding your stance on firearms control.

I would like to take a moment to address some of the "successes" you quote in your letter.

You stated in your letter that, from 1994 to 2008, the Brady Law has kept 1.6 million firearms out of the hands of "potentially dangerous individuals." You are quite proud of that fact. According to a Denver Post article dated 12/19/1999, each year 12.6 million firearms are sold in the US; that number has gone up in recent years, but for the sake of discussion, let's use that number. This means that, for the fourteen year period to which you reference, more than 176,400,000 firearms were sold in the United States. Using your number of 1.6 million, this means that the Brady Law, for which billions of dollars were spent to facilitate its implementation and enforcement, has been successful in keeping 0.9% of all purchasers from legally acquiring a firearm. You're right! That is something to be proud of, and certainly justifies the expenditure of billions of taxpayer dollars to implement and continue enforcing.

There is one slight problem with your figures, however. A 0.9% success rate over fourteen years hardly explains the huge drops (over 20%) in "gun violence" that you attribute to the Brady Law. A better indicator of success would be the FBI data that show a direct correlation to the number of firearms legally purchased by Americans in the exercise of their Second Amendment rights to bear arms for their own defense, and the dramatic drop in "gun violence." When criminals know that there is a high probability that the person they might attack is armed, the likelihood of carrying through with the attack decreases dramatically. I believe this is what you used to refer to as "Mutually Assured Destruction" in the bad ol' days of the cold war nuclear arms race.  The fact that an armed citizenry lowers the probability of a criminal attack has been well-known for centuries. Cesare Bonesana wrote the following in 1764:
"The laws of this nature are those which forbid to wear arms, disarming those only who are not disposed to commit the crime which the laws mean to prevent. Can it be supposed, that those who have the courage to violate the most sacred laws of humanity, and the most important of the code, will respect the less considerable and arbitrary injunctions, the violation of which is so easy, and of so little comparative importance? Does not the execution of this law deprive the subject of that personal liberty, so dear to mankind and to the wise legislator? and does it not subject the innocent to all the disagreeable circumstances that should only fall on the guilty? It certainly makes the situation of the assaulted worse, and of the assailants better, and rather encourages than prevents murder, as it requires less courage to attack unarmed than armed persons."
That gun control (or arms control) does not work has been a well-known fact for over two hundred years.

Your letter raises another issue, one that you consider a success, but which, you stated, you want to see expanded. Your letter states that in 2008, 9.9 million background checks were run for firearms purchases, producing 147,000 rejections. You consider it a success that 147,000 "potentially dangerous individuals" were denied the ability to legally purchase a firearm. The math, however, once again shows us that the background checks mandated by the Brady Law stopped a whopping 1.5% of purchasers from legally obtaining a firearm. Considering the billions we spend for enforcement of the Brady Law, the results are statistically insignificant.  But let's take a second to consider the TRUE achievement of Brady with regard to this statistic.  147,000 "potentially dangerous individuals" were denied the ability to purchase a firearm through channels that were trackable.  Did it prevent them from purchasing firearms through other, perhaps illegal, sources.  NO.  So in the final analysis, Brady has prevented NOTHING.

I could go on to address the other issues you raise in your response, but there really is no need. The number of incidents in which high capacity magazines have been used in relation to the total number of incidents involving firearms that occur each year in the United States is, once again, statistically nearly non-existent. You are once again proving the truthfulness of the adage, “hard cases make bad law”; you have successfully used a relative handful of incidents to drive your ideologically-flawed agenda to implement bad laws in an effort to nullify the Second Amendment of the US Constitution.

Sir, it is time that you acknowledge that the gun control laws that you have helped enact are, in fact, abject failures. The Brady Law has prevented a statistically meaningless number of individuals from legally obtaining firearms. The Gun Free School Zones Act not only has not prevented anything, it has resulted in over 700 casualties since its initial enactment in 1990 because it guarantees that no one can effectively defend themselves within these zones, and must wait twenty or more minutes for police to even arrive on scene - effecting an entry takes even longer. It is time to repeal these laws, and allow the American people to defend themselves as  the Second Amendment states is our RIGHT, and the US Supreme Court has stated in more than ten (10) rulings is our individual OBLIGATION.

Wednesday, October 12, 2011

Letter to my Legislators to Repeal the Gun-Free School Zones Act

October 12, 2011
Rep. Justin Amash, Senator Debbie Stabenow, Senator Carl Levin
Washington, DC

To My Legislators:
HR 2613 was sent to the Judiciary Committee in July of 2011.  This bill to repeal the Gun-Free School Zones Act (GFSZA) is critical for the safety of our citizens across the nation.  The simple fact of the matter is that the GFSZA has done nothing to DISCOURAGE illegal weapons in school zones across the nation.  In the 21 years that have passed since the initial passage of the GFSZA, the percentage of students carrying guns to school has dropped only two percentage points, from 7.9% to 5.9%, and there are no objective data to prove that this drop is anything other than a societal shift completely unrelated to the GFSZA.  During the same time period, however, there have been 217 gun-related events in areas covered by the GFSZA resulting in 627 casualties (deaths/injuries/hostages).  The objective data clearly demonstrate the failure of this legislation.
Not only does the GFSZA not prevent weapons from being carried on school property, it also insures that anyone faced with a weapons-related situation while on school property is completely defenseless.  The average person is forbidden to carry a firearm on school property.  Those who are licensed by their state to carry must, under the terms of the GFSZA, do so openly but may not actually fire the weapon in self-defense within 1,000 feet of a school property without facing criminal charges themselves.  So not only are persons on school property forbidden to defend themselves, anyone living in the surrounding neighborhood is also forbidden to use a legally-owned firearm to even protect their own property - a blatant violation of the protections guaranteed by the Second Amendment of the Constitution.  According to the research, waiting for police to respond as one’s only legal recourse under the GFSZA does nothing but insure that the body count will be significant.  For every minute it takes police to respond to a weapons-related situation, another three casualties can result.  In a city like Detroit, where the average response time to a 911 call is 24 minutes just to arrive on-scene, the results of the GFSZA would be nothing short of disastrous.
Finally, as was already alluded to, while the GFSZA is in-line with current interpretations of the Commerce Clause, which has been turned into Congress’ license to grab unlimited power, something that was never intended by the framers of the Constitution, it is a blatant violation of the protections that were demanded by the legislatures of the States that ratified the Constitution and were enshrined in the Second Amendment of the Constitution.  The Preamble to the Bill of Rights clearly states this concern:
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. (emphasis added)
The Second Amendment is there for a reason, and blithely overriding its clearly-defined protections is something that should NEVER happen.  In elevating the commerce clause as it has to give itself power to regulate anything merely by asserting that something was provided by way of interstate commerce at some point in its history, Congress has shown the fears of those delegates to be very well-founded; Congress has turned misconstruction and abuse of its power into a highley-developed art form.  Congress is using the Constitution to violate the Constitution.  The Second Amendment clearly states that citizens have the right to bear (carry) firearms.  It does not define the nature or origin of that firearm, nor does it relegate the carry of that firearm to defined spaces.  And in that respect, under the clearest declaration of protection accorded by the Second Amendment, the GFSZA is a gross violation of the  protections that were demanded by the Conventions of the States.
It is time for the GFSZA to be repealed.
Sincerely,

Monday, October 10, 2011

HR 2613: Time to Repeal the Gun-Free Zones Act of 2009


From Congressional Record S7920-7921

THE GUN-FREE SCHOOL ZONES ACT OF 1995

Mr. KOHL. Mr. President, with my colleagues Senators Specter, Simon, Feinstein, Bradley, Lautenberg, Chafee, and Kerrey, we rise today to introduce the Gun-Free School Zones Act of 1995. This common-sense measure, which replaces the original Gun Free School Zones Act, is needed to send a strong message to teachers, State law enforcement officers and State prosecutors: the Federal Government stands behind you and will support you in getting guns out of our school grounds....Mr. President, this bill is a practical approach to the national epidemic of gun violence plaguing our education system. In 1990, the Centers For Disease Control found that 1 in 20 students carried a gun in a 30- day period. Three years later, it was 1 in 12. Even worse, the National Education Association estimates that 100,000 kids bring guns to school every day. How can Congress turn its back on our children when their safety is being threatened on a daily basis?......
With these words, the Gun-Free School Zones Act of 1995, a revision of the original 1990 bill, was voted upon and eventually signed into law.


This bill constitutes yet another power grab based upon the perceived authorities granted congress under the now-infamous Commerce Clause of the Constitution.  Since nearly everything has an effect on interstate commerce, congress has seized upon this clause as a nearly infinite source of ever-expanding federal power.   But one must ask whether this Act, implemented with the stated goal of reducing gun-related violence in schools, has actually achieved its goal in the twenty-plus years that have passed.  One must further ask whether the Act is truly in-line with the expressed intent of the Constitution.


First, let's address the Act's efficacy.


The earliest numbers this author was able to obtain relating to the prevalence of firearms on school property were published by the CDC in 1993.  According to the statement quoted above, 1993 was a much worse year for guns on school property than 1990, the year the Act was originally signed into law.  The Youth Risk Behavior Surveillance report issued by the CDC reflecting a reporting period from February through May of 1993 indicated that "...22.1% of students nationwide had carried a weapon (e.g., a gun, knife, or club) during the 30 days preceding the survey."  Of the 22.1% of students, the report indicates that 7.9% (one-third) had carried a firearm.  Skip ahead now to the Youth Risk Behavior Surveillance report published June 4, 2010.  The data for this report indicated that, "Nationwide, 17.5% of students had carried a weapon (e.g., a gun, knife, or club) on at least 1 day during the 30 days before the survey....Nationwide, 5.9% (roughly one-third, added) of students had carried a gun on at least 1 day during the 30 days before the survey."   Intellectual integrity dictates that we acknowledge that there was a small  decrease (5%) in the number of weapons in general, and firearms in particular (even smaller percentage, 2%) in the twenty-plus years that passed since the signing of the Gun-Free School Zones Act (GFSZA) in 1990.  The number of weapons overall has decreased slightly while the ratio of weapons in general to guns in particular has remained constant.  But the question that must be addressed is this:  how much of this increase is actually attributable to the GFSZA, and how much of this is simply a naturally-occurring societal shift?  Unfortunately, the anti-gun lobby has been so gung ho to prove their case that no one seems to have actually addressed this question.  When a similar downward trend was observed in Michigan relating to an increase in the number of citizens holding concealed pistol licenses (CPLs) and a decrease in violent crime (a 14% decrease in 10 years, versus only a 2% decrease in firearms carried on school grounds since the GFSZA was initially signed into law 20 years ago!), opponents were quick to assert that this trend could not conclusively be linked to the increase in CPL holders.  Given the lack of any objective data to the contrary, this author must make the same assertion regarding the coincidental link between signing the Act in 1990 and the decrease in guns on campuses.


Given the considerable resources that have been made available to establish the GFSZA, one would expect to see a much more substantial decline in both the number of weapons making it to school grounds and the numbers of shootings that have resulted; a 2% firearms reduction over twenty years is hardly something about which to exalt, and as has been noted in other posts, the GFSZA has hardly prevented the mass shootings it was designed to forestall.  Since the Act was initially signed into law in 1990, there have been at least 217 gun-related incidents on the premises of educational institutions, resulting in 627 total casualties (deaths/injuries/hostages).  This means that, if we add the 2% reduction back in (the reduction from 7.9% to 5.9%), the GFSZA MAY have prevented a total of 4 additional events and 12.5 casualties in twenty years.  You be the judge: just how effective has this Act been?


Efficacy, however, is only one consideration.  Constitutionality is the other consideration.


As has already been observed, the US Congress has transformed the Commerce Clause of the Constitution into its own personal power bank.  But at what cost to other provisions of the Constitution?


When the Constitution was first ratified by the legislatures of the States, great concern was expressed because of the lack of protections it provided to the individual citizen.  Having just seceded from an all-powerful monarchy, there was justifiable fear that, in time, the US could become a mirror image of Britain, with total power resting in the hands of an unaccountable centralized power structure.  As it has turned out, their fears, which led to the ratification of the Bill of Rights, were justified.  The Commerce Clause has been used to subjugate all other provisions of the Constitution - freedom of speech, assembly, and chiefly, the Second Amendment right to bear arms.  While the Commerce Clause can be interpreted in such a way as to provide congress with nearly inexhaustible authority, the Second Amendment explicitly guarantees the right of citizens to provide for their own protection by carrying firearms - no interpretation is necessary.  Take a good look at the Preamble to the Bill Of Rights:


THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. (emphasis added)
The Bill of Rights does not limit the nature or origin of the firearm, nor does it place any restrictions on the location in which a firearm may be carried.  History tells us that legislators used to carry firearms into the chambers of Congress - something that has been explicitly outlawed in the interceding years.  This basic right, accorded by both God and Constitution (see author's post, A Theology of Church and Personal Protection), has played an integral role in the development of our country, providing protection from totalitarian rule not available to other countries.  While Congress may be able to argue that the GFSZA is in line with their own understanding of the Commerce Clause, it is most certainly a violation of the explicit protections provided in the Bill of Rights; the Second Amendment restricts the Commerce Clause - not the other way around.


Whether in science or sociology, there is always a point at which an experiment must come to an end.  The objective data tell us that we have reached that point with the GFSZA.  It is time for the Judiciary committee to bring HR 2613, which would repeal the GFSZA, to the floor of the House of Representatives for an up or down vote.  If our Representatives truly wish to do right by their constituents, they will see that the GFSZA experiment comes to an end.