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Friday, August 30, 2013

The Founders, Guns, Rights and Me

Gun violence, mass shootings and other senseless tragedies are occurring on an increasing basis in the United States of America.  I do not agree with the 'do nothing' approach.

I worked through my thoughts and research in a previous post.  Here, I am going to solidify my (current) views on the subject - re-using some of the previous post.

The much talked about Second Amendment states :
"A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

The NRA and others kind of ignore the first part or try to dismiss it as not meaning what it says.  They focus only on the second part - the right of the people to keep and bear arms shall not be infringed.  But, lets agree that we don't need any new laws about who can own what kind of gun and where they can carry that gun.  We may need to take a few of the existing ones off the books, just to simplify things.

Now, lets go look at the first part of the Second Amendment - A Well Regulated militia.  So, what does "well regulated" mean?  I'm fairly sure it doesn't mean highly controlled by legislation and restrictions.  Some have suggested that it meant "well supplied or equipped," but that doesn't seem to hold up.
"Hamilton indicates a well-regulated militia is a state of preparedness obtained after rigorous and persistent training."
It seems fair and accurate to me to state that "well regulated" in the 2nd Amendment means "Well Trained and Disciplined."

The Founders and others have left us some quotes on how they saw the matter:

"The right of the people to keep and bear...arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country..." (James Madison, I Annals of Congress 434 [June 8, 1789])
"To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike especially when young, how to use them." (Richard Henry Lee, 1788, Initiator of the Declaration of Independence, and member of the first Senate, which passed the Bill of Rights, Walter Bennett, ed., Letters from the Federal Farmer to the Republican, at 21,22,124 (Univ. of Alabama Press,1975)..)
"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States" (Noah Webster in 'An Examination into the Leading Principles of the Federal Constitution', 1787
"...but if circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in discipline and use of arms, who stand ready to defend their rights..." (Alexander Hamilton speaking of standing armies in Federalist 29.)
It is clear, from reading many more quotes and letters than those I have linked to, that the Founders did, in fact, intend for all able bodied men to be armed and prepared to go to war.  Those last two quotes above, among others, make it very clear that the founders never considered the might and power of current military and military weapons. It is also clear that the Founders did not intend for the United States to have a standing, active military.  Citizens were to be trained and well armed and called into service in an army only in times of need.  So if your measure of what should be done is what is in the constitution and what the Founders intended, then we have to disband all branches of the military.

The times, technology and environment has changed drastically from what the Founders knew and envisioned.  Solutions must be allowed to consider the whole environment of the problem.

My current proposal to actually do something constructive to help prevent mass shootings and suicide by cop killing sprees is as follows:

1. The Federal and State governments should enact a high tax on the sale of firearms and ammunition. (Please breathe and continue reading)

2. The State governments should formulate and offer an extensive training course that covers all aspects of owning and using a firearm.  They should provide this course free of charge to anyone over the age of Twelve years.

3. Having passed the course, you receive a card (photo ID, valid for voting) or an endorsement on your drivers license that greatly reduces the Federal and State taxes on firearms.  This reduction may or may not be tied to the score achieved in the course.

4. The State governments should have several gun ranges set up so that people can test their marksmanship.  If people achieve a certain score indicating that they can hit a target more times than not, then they get a "Gun Control" card, which greatly reduces or eliminates the Federal and State taxes on ammunition.  Again, this reduction may or may not be tied to the score achieved in the test.

The taxes collected would be used to fund the courses and to provide for law enforcement to arrest and prosecute those who commit crimes with firearms.

I think the course should be done in segments.  Maybe a week for each segment?  Three days?  The details will have to be worked out, naturally.

I believe the first part of the course should be some kind of psychological preparedness class.  Something like :
  • Gun Responsibility
    • Guns are used to Kill
    • Regional and Local laws regarding Firearm Possession, Open Carry, Concealed Carry and the use of deadly force
    • When to use a gun and when not to
    • Living with Taking a Life
    • The Social responsibility of Owning and Carrying a Firearm
    • Using a gun to commit a crime
    • Your gun used by someone else to commit a crime
The next class would focus on the basics of gun ownership.  Like :
  • Gun Ownership
    • Storage and Security
    • Cleaning and Maintenance
    • Transporting
  • Gun Handling ( At the Shooting Range training )
    • Safe Carry
    • Aiming - sights, scopes and accuracy
    • Before you Squeeze the Trigger
    • Shooting - Squeeze the Trigger
    • After you Squeeze the Trigger
    • Cleaning and Maintenance (yes, again)
The final class would focus on the physical aspects and combat readiness.  Like :
  •  Keeping your head in a Stressful Situation
    • Gun use in self defense
    • Gun use in combat
    • Avoiding gunfire
    • Triage for Gunshot wounds
    • You've been Shot!
  • Paintball Field Exercises!!
Once all three segments of the course are completed to satisfaction, the Course Certificate is issued.  There should be some kind of continuing education to keep the certification up to date.  One class per year or the whole course every five years or some such timing to keep things fresh.

Also, owning a combat style rifle and passing the course would make you eligible to be called up to defend our nation in times of need.  A true Militia.

What do you think?

Wednesday, August 28, 2013

TV Show Roundup!

Oh, the agony of waiting for MY shows to come back on is awful.

Doctor Who isn't coming back until a November special, then the Christmas Special and no telling how long until the regular series.

Supernatural doesn't come back until October 8th.

Sherlock doesn't come back for it's brief season until --- WHEN?

Castle is coming back September 23rd.  But I'd still love to see Firefly come back!

Lost Girl is coming back, eventually, in 2014.  But it is a SyFy show, so no guarantees.  They murdered Sanctuary for no reason at all and that show was great!

Speaking of SyFy - Haven (returning September 13th) and Defiance (returning June 2014!!) are awesome.  I hope that me admitting that doesn't get them canceled.

I hate that Warehouse 13 is going to be a Final Season.

I still miss Eureka, but Primeval : New World has given me some solace - and it is pretty good too, but no word on when it is coming back for season two.  I loved the original Primeval from the BBC and happy that there has been some continuity.

I've got to catch up on Being Human and it's UK Inspiration too.


Bones is coming back September 16th.

NCIS and NCIS Los Angeles are both coming back September 24th.  So is Person of Interest.

Teen Wolf (guilty) is coming back in January.

Arrow is coming back October 9th.

The Glades, Covert Affairs and Suits are all currently running, so that is good.  So is Perception and Rizzoli and Isles.

No word on King and Maxwell yet, but I want more!

I try to keep up with Walking Dead, Game of Thrones and True Blood, but it is hard to get a chance to watch those.  The Wife, Willice, watches Major Crimes without me most of the time.

We are investigating watching Longmire and The Bridge, but no decisions as of yet.  We also keep trying to watch Falling Skies, but it is not a regular, kind of like Unforgettable.

We tried to get into The Following and Touch, but just can't stay with them.  Under the Dome was not that entertaining either.

Monday, August 26, 2013

Guns, Rights and the Balance between them

I've tried, on Facebook, to ask for some sensible solutions to help curb some of the senseless violence using guns.  Within moments the replies like "stop stomping on constitutional rights!" came pouring in.  Even though I started the post out with "banning military style guns and high capacity clips is not right."

So, new gun laws, banning any gun or magazine being off the table - NO NEW ANTI GUN LAWS.  Keeping the second half of the second amendment completely sacred, what are some workable solutions to the obvious problem of violence using guns?

It seems that people can't supply any real solutions beyond "second amendment!" or "personal responsibility!"  Well, there are those out there that have no sense of personal responsibility and suffer from an extreme lack of good judgement.  Some people do NOT need to have a gun.  The innocent victims' right to life, liberty and the pursuit of happiness FAR outweigh any shooter's right to own a gun.

I have proposed a Swiss style approach - everyone gets training.  Now, the Swiss require military service from every male for 12 years.  I don't think that is exactly a great idea, although I would like to see mandatory gun training for everyone starting at age eighteen and going on through until they are deemed unfit to possess a firearm.  Perhaps just everyone who wants to own a gun has to go through the training every 5 years or so.

Let me make my proposition clear.  I propose that at an early age - whenever we can agree kids might start using guns, maybe 12 - the government provide training in the use, care, cleaning and responsibility of owing and using firearms. (see new post with more info)

The content of the training is important too.  I went through National Hunter Safety Training before I could get my first hunting license.  I don't think that course covered enough for all-purpose gun safety.  The National Gun Training course that I've suggested would have to consist of a lot more than just hunting.  Perhaps something like :

  1. Gun Ownership
    1. Storage and Security
    2. Cleaning and Maintenance
    3. Transporting
  2. Gun Handling ( At the Shooting Range training )
    1.  Safe Carry
    2. Aiming - sights, scopes and accuracy
    3. Before you Squeeze the Trigger
      1. Spent cartridge ejection
    4. Shooting - Squeeze the Trigger
    5. After you Squeeze the Trigger
    6. Cleaning and Maintenance
  3. Gun Responsibility
    1. Guns Kill
      1. Guns are not toys
      2. Guns are used to kill for a reason
      3. Living with Taking a Life
      4. Regional and Local laws regarding use of deadly force
      5. When to use a gun and when not to
    2. Using a gun to commit a crime
    3. Your gun used by someone else to commit a crime 
    4. The Social responsibility of Owning and Carrying a Firearm
  4. Keep your Head in a Stressful situation
    1. Gun use in self defense
    2. Gun use in combat
    3. Avoiding gunfire
    4. You've been Shot!
    5. Triage for Gunshot wounds
    6. Paintball Field Exercises!!
Now that would help create the Well Regulated Militia the second amendment talks about first.

So, what does "well regulated" mean?  I'm fairly sure it doesn't mean highly controlled by legislation and restrictions.  Does it mean "well supplied"?  Probably not.

"Hamilton indicates a well-regulated militia is a state of preparedness obtained after rigorous and persistent training."
It seems fair and accurate to me to state that "well regulated" in the 2nd Amendment means "Well Trained and Disciplined."  The claim that the 2nd Amendment requires more gun regulations may not be completely full of holes.
"no person’s sport is worth another person's man’s life. There is no logical reason that anyone should have to fire dozens of shots without reloading – unless intending to deprive that many people of life and limb. The US government must make the distinction between a weapon of war, and one that could be legitimately used for sport or self-defense."
Now for some quotes from the founders on what THEY thought they had set up :

"The right of the people to keep and bear...arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country..." (James Madison, I Annals of Congress 434 [June 8, 1789])
"To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike especially when young, how to use them." (Richard Henry Lee, 1788, Initiator of the Declaration of Independence, and member of the first Senate, which passed the Bill of Rights, Walter Bennett, ed., Letters from the Federal Farmer to the Republican, at 21,22,124 (Univ. of Alabama Press,1975)..)
"Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom of Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States" (Noah Webster in 'An Examination into the Leading Principles of the Federal Constitution', 1787
"...but if circumstances should at any time oblige the government to form an army of any magnitude, that army can never be formidable to the liberties of the people, while there is a large body of citizens, little if at all inferior to them in discipline and use of arms, who stand ready to defend their rights..." (Alexander Hamilton speaking of standing armies in Federalist 29.)
Those last two quotes make it very clear that the founders never considered the might and power of current military and military weapons.  There is no way that any citizen militia could stand up to the U.S. Army.  Even with all other branches standing on the sidelines.

The link also has many quotes which make it clear that we were never meant to have a standing army in a time of peace.  The Founders intended no standing Army, Navy, Air Force, Marines.  Citizens were to be trained and well armed and called into service in an army only in times of need.  So, do we disband the military?  ... If we ever end the state of constant warfare that our government has created that is.  What do you think that would do to the unemployment numbers?

Of course, there is also the argument that the only thing the second amendment does is limit the Federal Government from disarming citizens, allowing the states final control.

The times, technology and environment has changed drastically from what the Founders knew and envisioned.  Solutions must be allowed to consider the whole environment of the problem.

What I have proposed is no limitation on gun ownership.  In fact, I have proposed that the government provide substantial training to those who want to own guns.  I think the training required for owning guns which I propose would also help reduce the use of guns in violent crimes.

Maybe requiring the free training for owning a gun might irritate some people, so perhaps it should not be required to own a gun.  Perhaps it should supply a higher legal standing to those who go to the training regularly.  A deep discount on the price of each firearm? Lower cost hunting licenses?  Put a higher tax on firearm sales and eliminate or greatly reduce the tax for those who have gone through the course?

The course would go a long way to helping prove legal use of a firearm in court - "Mr. Defendant has high marks in all aspects of the National Gun Training courses and has attended the course regularly over the last twenty years.  He is a responsible, well trained and conscientious gun owner."

Maybe the NRA could do an ad campaign.  "Guns are not the Answer"


Another option would be to have a high tax on guns and ammunition and offer a "Gun Control" card for those who come in and demonstrate shooting skill.  Gun Control is hitting what you aim at, so the majority of the skills demonstration would be hitting targets.  If you score high enough, you get the Gun Control card, with your score printed on it.  Presenting this card reduces your tax rate on guns and ammunition.  That way, the people who refuse the training - or can't pass it - contribute to cleaning up their messes and prosecuting them if necessary.

(see new post with more info)