Yet more of that insane reaction from some of the scarier pockets of humanity in this country. A gun shop in Traverse City, Michigan flew the American flag upside down after Obama's win last week. Here's why:
"(The inverted flag is) an international signal for distress and we feel our country is in distress because the n--- got in," said Hampel's employee Rod Nyland, of Traverse City.
The store's management was slightly less overtly racist about it:
But Fellows said Nyland had it right about their display of the flag as a distress warning for the country, he said."It's basically a display of alarm. The winning presidential candidate was not our choice and has the worst anti-gun record in Congress, let alone the Senate," Fellows said. "We feel we are facing a national crisis. Fine rhetoric is one thing, but the gentleman has no executive record whatsoever. He's not fit to be president of the country."
The store has now changed their tune, issuing a public apology and firing Nyland.

Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of 



Comments
"The store has now changed their tune, issuing a public apology and firing Nyland."
There's that loyalty, honesty and courage we've all come to expect from the American right.
Posted by: Ian Gould | November 12, 2008 10:08 AM
Great. A bunch of paranoid right wing racists with guns and a black Democratic President.
Posted by: barry21 | November 12, 2008 10:15 AM
This stuff just writes itself, eh?
The right wingers are going to put all the comic writers out of work! Now there's a crisis to be concerned about!
Wonder if the gun shop got a call from the secret service, or just decided to come to their sense (such as it is) all on their own?? Then again, the protests outside their shop might have been enough to motivate it.
Posted by: FastLane | November 12, 2008 10:20 AM
Y'know, the argument that Obama has no executive experience has really lost some credibility now. I mean, who do these people think selected the personnel and provided the leadership for the team that got him elected? Those skills are EXACTLY what a good executive needs - the ability to select a strong, competent, knowledgeable staff, provide them guidance and direction, and let them perform.
In comparison, we had a candidate who showed an inability to lead his staff in any coherent direction, and a remarkable lack of ability in choosing his highest-profile subordinate. That subordinate, in turn, showed a history of MISusing her executive power for the brief time she has had it. Compared to that, Obama looks like a wonderful choice for Chief Executive.
Posted by: BobApril | November 12, 2008 10:20 AM
I have a large collection of guns. And I'm not concerned in the least. It's always an extreme reaction from the extremists- "the sky is falling!". Calm down Chicken Little.
Posted by: Deepsix | November 12, 2008 10:23 AM
Don't be so quick to blame only right wing lunatics. There are wingnuts on both sides. I have several friends who are convinced Bush will still declare martial law and send them to prison camps being built by Blackwater just because they are gay.
I. Am. Being. Serious.
(own guns and voted for Obama)
Posted by: yoshi | November 12, 2008 10:33 AM
Would someone please tell me what specific gun-control proposals have come from Obama that have the wingnuts so riled up? Or do they need specifics to have another meltdown?
Posted by: Raging Bee | November 12, 2008 10:33 AM
The store's management was not overtly racist at all, from what I can tell.
Posted by: Gretchen | November 12, 2008 10:39 AM
@Raging Bee
Obama is a marxist muslim from Kenya who will recruit a civilian military force, stack the supreme court with liberals, declare martial law, and take all guns away from everyone. Didn't you get the memo from Limbaugh?
Posted by: yoshi | November 12, 2008 10:41 AM
It's not so much actual gun control proposals from Obama, it is more about the political spin that was put in place by the NRA.
This per factcheck.org
Posted by: Canni | November 12, 2008 10:48 AM
The big local gun shop here in Charleston was on the news a couple days ago.
Sales are up significantly since the election.
Everyone is freaking about that "they gunna take my guuunnns".
I'm a gun owner and those people freak me the fuck out.
Posted by: Rev. BigDumbChimp, KoT, OM | November 12, 2008 10:50 AM
yoshi,
Your statement is not an exaggeration. There is a large segment of this country that believes exactly that.
I've posted this link before, but it's worth checking out if you haven't seen it:
http://forum.gon.com/forumdisplay.php?f=9
The above link is to a Georgia hunting/fishing forum. Some priceless threads over there. Don't blame me if you suffer from irreversible brain damage from ready those threads.
Posted by: Deepsix | November 12, 2008 10:53 AM
"ready" = "reading"
Posted by: Deepsix | November 12, 2008 10:55 AM
My opinions on gun-control policy aren't all that firm, but I gotta say I never cease to be shocked at the sheer childishness of these gun nuts. It's never "Proposal [X] is wrong because it will have the following bad effects..." but almost always "They're gonna take away our handguns!!!" It's no better than a little boy crying and throwing a tanty 'cause his mommy wants to take away his favorite toy. And these overgrown babies want AUTOMATIC RIFLES?!
This isn't a political issue, it's a psychiatric issue.
Posted by: Raging Bee | November 12, 2008 11:00 AM
So I guess that stuff Obama said about rural folks was pretty true.
Posted by: jws | November 12, 2008 11:10 AM
Ummm -- where's this "civilian military force" meant to be recruited from, given that Obama is meant to be against the gun owners? An unarmed "civilian military force" doesn't even make delusional sense. 'Help, help! The pacifists are going to forcibly take a way our guns at flower-point!'
I have no problem with them having their paranoid delusions, but would really prefer if they had some passing superficial resemblance to internal consistency.
Posted by: Hrafn | November 12, 2008 11:11 AM
I like guns. I own several of them.
I like to go to the range and shoot my guns, and I like to shop for guns and gun accessories. Usually I just window-shop, because I don't have a lot of extra money, but it's still fun.
But every time I go into a gun shop these days, I feel like taking a shower after I leave. Why the hell do reactionaries, bigots and hate-mongers have to be the public face of American gun culture? We gun-loving liberals need to band together and show the rest of the country that not all gun owners are idiots.
Posted by: Russell Stewart | November 12, 2008 11:20 AM
Y'know, the argument that Obama has no executive experience has really lost some credibility now. I mean, who do these people think selected the personnel and provided the leadership for the team that got him elected? Those skills are EXACTLY what a good executive needs - the ability to select a strong, competent, knowledgeable staff, provide them guidance and direction, and let them perform.
"Anyone capable of getting themselves made President should by no means be allowed to do the job." - Douglas Adams
Posted by: sinned34 | November 12, 2008 11:31 AM
I think the tasks of running a campaign and the tasks of administering the U.S. are so fundamentally different that we can't read anything into the latter from performance in the former. It's somewhat like the difference between executives who are good at coming in and turning a company around and those who are good at running it well for the long term--it can be the same company, and yet almost no-one is actually good at both of those executive tasks.
I fervently hope Obama is a good executive, but if he proves to be so I don't think it will be due to his experience running a campaign.
Posted by: James Hanley | November 12, 2008 12:08 PM
I don't own any guns, not even a Salad Shooter, but it's not because I hate guns. I LOVE guns. I love the noise they make, the holes they can make in things and the smooth, efficient way they work when properly designed, crafted and maintained. I don't like that so many people use them to kill members of their families and other people they don't like and I don't like the fact that they almost certainly increase violent crime statistics. But, guns, per se, don't bother me. What bothers me are the complete fucking morons that are represented by the folks Ed talks about here. Paranoic, delusional, hate-filled fucks with guns? They bother the hell out of me.
Posted by: democommie | November 12, 2008 12:12 PM
We gun-loving liberals need to band together and show the rest of the country that not all gun owners are idiots.
The problem is that many of these people aren't just "gun owners", but people for whom being a gun-owner is part of their identity. In their view, restricting their guns isn't just regulating dangerous tools, but pushing them around personally.
Fear-mongering politicians have then found these people easy to convince that a) they need their guns to protect themselves from the menace du jour and b) any restriction at all is a precursor to a total ban.
A problem with much gun-control regulation is that many proponents don't really understand guns. Think about how "internet people" like most of the readers here view the ignorant net-regulation proposals in Congress- that's how many gun owners see some of the weird and arbitrary gun-control proposals.
Posted by: Scott | November 12, 2008 12:29 PM
yoshi said:
"Don't be so quick to blame only right wing lunatics. There are wingnuts on both sides. I have several friends who are convinced Bush will still declare martial law and send them to prison camps being built by Blackwater just because they are gay.
I. Am. Being. Serious.
(own guns and voted for Obama)"
Count me among the lunatic fringe, as I was quite concerned about Bush doing something that would fill those concentration camps. But, I think my fears although apparently unfounded, were still rational.
After all, Bush DID:
* secretly build a ton of internment camps
* imprison anyone he defined as an enemy combatant against all notions of convention and law
* effectively suspend habeus corpus
* disappear at least one American citizen
* set up secret CIA torture ships in international waters
* routinely "rendition" political prisoners
* have a father who said atheists should not have citizen rights
* made it easier for a Presidential order to use the armed forces for domestic riot control.
Basically Bush was (is) a fascist - why would it not be reasonable to have fears about those camps?
Posted by: Gingerbaker | November 12, 2008 12:29 PM
As a resident of the area where this occurred, a few observations:
Traverse City is the only small city in the entire area, the rest of the area is mostly the Great North Woods with small towns and small farms dispersed. It also happens to be a tiny island of liberals in a great big sea of conservatives. It's a great little city and is proud host to resident Michael Moore's film festival which is starting to receive national attention in only its third year of operation. Traverse City resides at the bottom of two lovely bays on Lake Michigan and is a great tourist town.
The local newspaper is one of the best small city newspapers in the country, is clearly liberal, and its readers have come out in force in letters to the editor regarding this incident: http://www.record-eagle.com/opinion/local_story_314094657.html
So please judge the behavior, not the town, this sort of activity is extremely uncharacteristic of this town.
Posted by: Michael Heath | November 12, 2008 12:33 PM
I don't know if that's really comparable. At least in that case, there's the precedent of Bush imprisoning American citizens with no trial or even charges, as well as his attempts to put Blackwater above the law, at least while it's operating in Iraq. And haven't I heard about Blackwater being used for a few jobs in-country?
If their little fantasy had had him populating those camps with liberal activists and other political enemies, I'd have trouble dismissing it at all.
Posted by: Seraph | November 12, 2008 12:36 PM
The problem is that many of these people aren't just "gun owners", but people for whom being a gun-owner is part of their identity. In their view, restricting their guns isn't just regulating dangerous tools, but pushing them around personally.
I've always suspected that there was something more than a little Freudian going on there. It's like they think someone's going to come along and chop of part of their anatomy along with stealing away their gun...
Posted by: kodiak | November 12, 2008 12:36 PM
My fundie right-wing neighbor has been flying his Battle of Bennington flag at half-mast since the election. If I were a bit younger and more foolhardy, I would be tempted to pound on his door and shout "ATF! We've come for your guns and your white women! Open up!" and run.
Posted by: Shygetz | November 12, 2008 12:47 PM
What I don't understand is why the gun lovers are rushing out to buy more guns if they are convinced that the new government is going to pass legislation to take them away???
Seems dumb to me...
Posted by: DonM | November 12, 2008 12:49 PM
Posted by: Martian Buddy | November 12, 2008 12:53 PM
'Help, help! The pacifists are going to forcibly take a way our guns at flower-point!'
bwahahahaha!heehee. This made my day.
Posted by: mandrake | November 12, 2008 1:40 PM
I love the fact that this right-wing nutjob got in trouble with veteran's groups, who do not take the act of flying the flag upside down lightly. From the Record-Eagle story:
Posted by: Taz | November 12, 2008 1:58 PM
What I don't understand is why the gun lovers are rushing out to buy more guns ...
Prop up the economy?
Chuck Norris told 'em to do it?
Christmas presents (the ATF/militia/whoever's too dumb to look at the presents under the christmass tree)?
Dreams/hallucinations of Waco-style standoff? Or an Oklahoma City bombing?
They're planning on volunteering for the militia/whatever?
Preparing to move to Canada (nevermind Canada has far more sensible laws about gun ownership)?
Usual ritual after an election/drinking session/work?
They eat 'em? (I have no idea how you'd cook a gun!)
Posted by: blf | November 12, 2008 2:04 PM
People who are convinced that Democratic rule means gun prohibitions are buying guns and ammo anticipating a time where they won't be able to buy guns. The fear of confiscation is much less, especially in areas where I live (sparsely populated, deep woods). If you buy into future prohibitions being inevitable with Democratic rule, their purchasing equipment now is arguably rational.
We had a person on this website several weeks commenting that he was convinced that Obama would stop the sale of hunting rifle ammo because it does in fact have armor piercing properties ("Sam" I believe). This meme made it in our local newspapers up here in an area where nearly everyone is packing and a high percentage hunt, including me. Of course his claim had no merit; it was based on his misreading of a bill and one Kennedy mis-statement where Kennedy refuted his own written position with one verbal gaffe.
I have not stocked up on .30/.30 cartridges.
Posted by: Michael Heath | November 12, 2008 2:15 PM
Hrafn:
YOMAK.
Man, coffee really stings when it's going through the sinuses....
Posted by: Luna_the_cat | November 12, 2008 2:20 PM
If I owned a gun shop and a rumor that guns were going to be taken away and ammo prices were going to be increased 500%...well who am I to argue?
Posted by: ed | November 12, 2008 2:28 PM
Interesting this store initially supported an employee's racist attitudes via the flag (1st Amendment right), because of ill-placed fears regarding the 2nd Amendment, then, when their employee's public utterance is publicly defrocked as racist, is canned because of venom protected by the 1st Amendment. Again, the message is clear: get over your racism, or it'll come back to haunt you. Now this gun shop will always be view as a bin of redneck racists and reactionaries, and the money will go bye-bye. And that's what they really fear.
Posted by: ebina2 | November 12, 2008 2:32 PM
At sea. The inverted flag is (or was) an international sign of distress for a ship in peril...before the days of radio and such. Now it's the fabric-flapping version of flipping the middle finger. See what happened when that Marine flew the Canadian flag upside down at Skydome in Toronto that time.
Posted by: Dave S. | November 12, 2008 3:06 PM
We won the World Series?
Posted by: Tulse | November 12, 2008 3:43 PM
To the gun fanatics, the whole point of the second amendment is not so that you can shoot other citizens, but so that you can protect yourself from a government gone amok. You need the fully automatic weapons so that you can level the playing fields when the Feds come to take away all your guns.
Posted by: Scott | November 12, 2008 3:57 PM
Martian Buddy : "I've been thinking the same thing this past week. The fundies are wailing about how the Bible will be banned any minute now, the firearms fetishists are squeeing about their guns being taken away"...
Confronting the people who are dead sure that there is a conspiracy to take away their guns and Bibles it get really weird. I ask them to cite some evidence to back their claim and I get weak and entirely tangential events.
But if you press them something interesting happens; Their argument climbs into its own ass. They cite the lack of evidence as proof that the conspiracy is extremely widespread and underhanded. So much so that it leaves behind no evidence.
The lack of evidence being their single most substantial proof.
This is like believing in God because there is no proof and so belief is a 'test of faith'. Evidently they get extra credit for irrational belief. The more irrational the belief the greater their 'faith' and so the greater their reward. Which pretty much raises irrationality from a human foible to an assumed absolute good.
Posted by: Art | November 12, 2008 3:58 PM
While no specific proposals have came from him yet, he has made it very clear that his head is as far up his ass as possible when it comes to this issue with his voting records and statements he has made. Among other things he has stated that he would like to make the assault weapon ban bill that Clinton signed into law for a ten year (I believe it was a ten year period) permanent, despite studies done on the subject showing that there was no noticeable decrease in crime rate during the period of the ban. He also supported legislation which would define 'armor piercing' rounds much more widely, in addition to this, he supported legislation that essentially deemed any shotgun of 28 gauge or 'stronger' to be an 'assault weapon.' To put some perspective on this, the only thing that this would leave a person access to is a 410 gauge shotgun. People don't even go bird hunting with those, much less defend their home with them. The only thing they are used for are shooting small to medium sized snakes (at close range) and rodents (rabbits, rats, etc.). He has also stated that he supports a national ban on the concealed carry of handguns. In addition to all of this, he voted in the past against allowing a loophole in Illinois state laws in regards to pistol bans which would keep people from being thrown in jail for pistol possession if they were caught with one because they used it in their own fucking home to defend themselves. His grounds for voting against this was that it would 'erode the pistol bans.' Let's look at that again: He cares more about keeping pistol bans in place than seeing to it that innocent people don't go to prison just for defending themselves in their own home. And he supports all of this without a single piece of evidence that indicates that any of this legislation helps lower the crime rate, or for that matter, that any legislation currently in place keeps the crime rate down. Particularly disgusting when you can find many peer-reviewed studies that show the opposite to be true. (The data runs strongly against the idea of a concealed carry ban lowering the crime rate, in particular.) Whether we like it or not, the man is as much of a fucking zealot about this issue as the people that are freaking out over this. I would say more so since the evidence supports their position and not his if not for the fact that I'm not entirely sure that many of these people are aware of that. Either way, there is every reason to suspect that he will institute some draconian gun laws given that he has made it very clear that he supports them and he has a majority democrat congress that will no doubt be happy to do his bidding if he wants to institute them as president - and push them through congress so he can sign them.
As for the factcheck.org page, they're not right about everything, please get the real story here: http://volokh.powerblogs.com/posts/1222201928.shtml I do recommend...skimming the comments thread, though. Some of it is actually quite insightful and relevant and some of it...well...is not.
That commercial was pretty goddamn clumsily worded and should have been done differently, but the facts weren't that far off from the truth in terms of content (as opposed to presentation).
You can get his statement that he would pass a concealed handgun ban bill here and the video contains a link to the source with the complete interview: http://www.youtube.com/watch?v=q-4jqZSEo0Q
The Volokh Conspiracy page I mentioned earlier gives a pretty good summary of his voting record, by the way.
Let's be reasonable, shall we? No one who proposes these laws or supports them ever acts on ANYTHING stronger than a gut feeling that it 'makes us safer.' They think it is their business to take restrict or remove a constitutional right, and for that matter, a very basic human right of self defense, just because it makes them feel better. If someone asks for evidence, the best you will get is vague bullshit about how 'well, in Europe they have a gun ban and have a lower crime rate...' and the implied observation that correlation apparently equals causation on this single issue, even though there are about a million other factors that could account for this. (Never mind that this argument is a major over-simplification that doesn't hold up when scrutinized closely, anyway.) Basically, why would one hold the pro-gun side to a higher standard than their opponents and expect a mature reaction from them when they're being told that someone who knows better is going to take their rights away--even though this person has no evidence to back up their position that it makes anyone 'safer'--and is doing it just because it makes them feel more comfortable? There is a strong analogue here to the gay marriage controversy. In both cases we have a group of people screaming that we need to restrict or take away a freedom just because it makes them feel better, and we have people responding in angry, immature ways. No one expects gay marriage advocates to sit there and tell their opponents 'Gay marriage is NOT going to bring about the downfall of society because x, y, and z.' They -- rightly -- expect them to be angry over the insulting behavior of a group people thinking it's their right to tell them that they should not have a freedom just because they don't like it and to ridicule them for this behavior. Why should this issue be any different?
Gun bans of any kind are almost always preceded by the institution of federal gun and ammunition registration systems so that when the gun ban occurs the government knows whose door they need to send the cops to knock on and/or kick in to make collection easier. If you go out and buy guns/ammo prior to such a registration system being put in place you have a lesser chance of having your guns confiscated and/or having your house raided by virtue of not being on the government's (immediate) radar. This is the reasoning behind these actions.
Posted by: Thomas M. | November 12, 2008 4:07 PM
Shit, forgot one thing. For the record, before someone says something stupid about this, I'm basing the idea of raids on houses of gun owners (if a ban is instituted) on how the drug war is ran. The two are traditionally ran in quite similar manners in countries that have bans on both and I see no reason to view the US as an exception to this -- in particular given that it's been shown to be much easier to placate the population with propaganda about protecting them from those 'dangerous illegal gun owners' than it is for those 'dangerous illegal drug users.'
Posted by: Thomas M. | November 12, 2008 4:26 PM
To the gun fanatics, the whole point of the second amendment is not so that you can shoot other citizens, but so that you can protect yourself from a government gone amok. You need the fully automatic weapons so that you can level the playing fields when the Feds come to take away all your guns.
Yep, which will be interesting since the likely Fed response to a full-on militia uprising will be something like a troop or two of D-Boys augmented by the 3rd Ranger Battalion, with the RR Brigade of the 82nd sitting on deck. Good luck with that.
Posted by: Josh | November 12, 2008 4:28 PM
There is a strong analogue here to the gay marriage controversy.
Except that gay marriage can't be used to kill people. That sentence alone reduces your credibility by a significant margin.
Oh, and since when was the possession of fully automatic weapons "a very basic human right of self defense?" Sorry, but the right to defend oneself does not automatically translate to a right to own any particular weapon.
If someone asks for evidence, the best you will get is vague bullshit about how 'well, in Europe they have a gun ban and have a lower crime rate...' and the implied observation that correlation apparently equals causation on this single issue, even though there are about a million other factors that could account for this.
Good point. Did it ever occur to you that the same point might be applicable to those "peer-reviewed studies" you cite that supposedly prove that gun-control doesn't reduce crime?
(BTW, the purpose of gun control laws is not to reduce crime; it's to reduce criminals' access to weapons of war, and thus to diminish the harm they can do, and also make our cops a bit safer.)
Posted by: Raging Bee | November 12, 2008 4:32 PM
@ James Hanley -
"Every president who's won an election would, by that logic, be a qualified executive. And yet so many of them have utterly failed to be decent chief executive of the U.S."
Good point, however I note that some have run campaigns that were strong only in comparison to an even weaker opponent (e.g., Dubya), where Obama appears to have run an extraordinarily strong campaign by any measure. Other Presidents have been strong executives carrying out bad policies (e.g., Nixon, maybe?), thus being noted as bad Presidents in spite of their executive skills.
However, your comment about different types of executive skill, as seen in "turn-around" CEOs and long-term CEOs is wonderfully apt, and I have no counter for it. Touche.
Posted by: BobApril | November 12, 2008 4:33 PM
young Christopher Titus: "Daddy, Daddy, *I* want a gun!"
Ken Titus: "You don't need one of those, boy. The men in *our* family have penises."
Posted by: skyotter | November 12, 2008 4:44 PM
Thomas M. - I suggest embracing the paragraph.
And no Thomas, Obama never supported legislation that would have banned shotgun shells larger than 28 gauge during the debate in the Senate where Kennedy made his gaffe.
The bill I believe you are referring to would apply only to ammunition which is "designed or marketed as having armor piercing capability." The "marketed" prong is easy, since rifle ammunition makers do not tout such capability in their advertising, nor do 20, 16, or 12 gauge shotgun manufacturers. Also, this same ammo is not designed for armor piercing capabilities, some products just happen to share that property. Therefore, based on the plain meaning (which could have been worded better), but also the original intent of the congressional record, there is no evidence that Obama ever "supported legislation that essentially deemed any shotgun of 28 gauge or 'stronger' to be an 'assault weapon.'"
Here is my source which I'll stand by for the specific topics I raise here: http://www.factcheck.org/elections-2008/nra_targets_obama.html
Also, here is the dialogue that occured here prior to Thomas M. bringing it up again (a tangent occuring in the comment section): http://scienceblogs.com/dispatches/2008/10/obama_threatening_tv_stations.php?utm_source=mostactive&utm_medium=link
Finally - Neither the Democratic party nor Obama have promoted prohibiting hunting rifles, shotguns, or their ammo. Nor will they; there is no political capital within the party nor is there the political will in the Democratic party to do such a thing. In fact the contrary has been occuring since the start of the Clinton years; they've been actively marketing their party to hunters.
I live in the heart of a hunting area and we are swamped with their political campaigns' rhetoric regarding their friendliness to both hunters and their being conservationists, mostly PR like Obama doing interviews with some of the outdoors/hunting-centric magazines, "Field and Stream" for example. If you Google the story, it shows his voting record that's "key" according to this publication - no sign there of taking our hunting guns away, just defending the right of the individual to sue in court (I didn't link since that 3rd link would have sent this post to the moderator).
Obama has advocated gun control by geography as noted in the FactCheck article. Given the fact he's an intellectual and the local prohibition he voted against was four years ago; I have no idea if he's adapted his view given his perspective has certainly widened from that of a Chicago district to the entire country - his rhetoric during the Heller proceedings has him emphatically stating it has - so I give him the benefit of the doubt given he's one of the most honest politicians I've ever encountered.
I don't pay attention to municipal gun control laws/prohibitions closely so I can't comment on them with the exception of Heller where I supported the majority. In my neck of the woods, we are at near-zero risk of anyone restricting our access to the types of weapons used here or their ammo.
I was also thrilled to hear the head of the Democratic party claim that the 2nd amendment defends an individual right to keep and bear arms rather than referring to state militias - that is a milestone in my lifetime.
Posted by: Michael Heath | November 12, 2008 5:01 PM
Irrelevant. Can it be used to kill people? Yes. Is there any evidence to show that less people are killed, or for that matter, that less criminals have weapons than an earlier time when the rights had not been taken away? Fuck no. Denying a right on theoretical, feel-good grounds is denying a right on theoretical, feel-good grounds, no matter how it is couched.
You're setting up straw men, now. I never claimed that owning a fully automatic weapon is necessary for self-defense. This is what I would file under 'constitutional right.' I would argue, however, that the right to defend oneself does translate to allowing people to have access to weapons equal in power to what criminals use to at least make an attempt at a level playing field. It should not be necessary to explain why a gun ban prevents this.
Here's the thing - I used an example of these studies out there as supporting evidence for how ridiculous the idea is. Is it possible that there are other factors that come into play that make a difference when allowing people more access to weapons (allowing for a concealed carry permit when you didn't before) reduces crime rates? Sure, it's possible. All of the studies could, theoretically, be wrong -- but I'd say that they're on higher standing given that they don't attempt a massive over-simplification of the available facts combined with a sleight of hand (say...claiming that area X without guns has a crime rate than area Y with guns while ignoring the crime rate in area X prior to ban or restriction). However, it is ultimately irrelevant because the burden of proof is on people who want to take away or restrict a freedom, not those who wish to keep it.
And given that we have seen a complete failure on the part of these laws to achieve either of these goals (if you want a more specific example of this, check out the study 'The Impact of Gun Laws on Police Deaths' [available through Google for free] which demonstrates that allowing people to have CCW permits leads to less police deaths) we have to ask why we keep instituting them and pretending that they work. I'm also curious as to what the justification is that allows for reducing the safety of the rest of the population in the name of making things safer for the cops.
Posted by: Thomas M. | November 12, 2008 5:06 PM
Thomas M. - I suggest embracing the paragraph.
And no Thomas, Obama never supported legislation that would have banned shotgun shells larger than 28 gauge during the debate in the Senate where Kennedy made his gaffe.
The bill I believe you are referring to would apply only to ammunition which is "designed or marketed as having armor piercing capability." The "marketed" prong is easy, since rifle ammunition makers do not tout such capability in their advertising, nor do 20, 16, or 12 gauge shotgun manufacturers. Also, this same ammo is not designed for armor piercing capabilities, some products just happen to share that property. Therefore, based on the plain meaning (which could have been worded better), but also the original intent of the congressional record, there is no evidence that Obama ever "supported legislation that essentially deemed any shotgun of 28 gauge or 'stronger' to be an 'assault weapon.'"
Here is my source which I'll stand by for the specific topics I raise here: http://www.factcheck.org/elections-2008/nra_targets_obama.html
Also, here is the dialogue that occured here prior to Thomas M. bringing it up again (a tangent occuring in the comment section): http://scienceblogs.com/dispatches/2008/10/obama_threatening_tv_stations.php?utm_source=mostactive&utm_medium=link
Finally - Neither the Democratic party nor Obama have promoted prohibiting hunting rifles, shotguns, or their ammo. Nor will they; there is no political capital within the party nor is there the political will in the Democratic party to do such a thing. In fact the contrary has been occuring since the start of the Clinton years; they've been actively marketing their party to hunters.
I live in the heart of a hunting area and we are swamped with their political campaigns' rhetoric regarding their friendliness to both hunters and their being conservationists, mostly PR like Obama doing interviews with some of the outdoors/hunting-centric magazines, "Field and Stream" for example, but also bumper stickers and road signs. If you Google the story, it shows his voting record that's "key" according to this publication - no sign there of taking our hunting guns away, just defending the right of the individual to sue in court (I didn't link since that 3rd link would have sent this post to the moderator).
Obama has advocated gun control by geography (municipality as more practical matter) as noted in the FactCheck article. Given the fact he's an intellectual and the local prohibition he voted against was four years ago when he represented an area that had problems with gun-related crimes; I have no idea if he's adapted his view given his perspective has certainly widened from that of a Chicago district to the entire country - his rhetoric during the Heller proceedings has him emphatically stating it has widened - so I give him the benefit of the doubt given he's one of the most honest politicians I've ever encountered.
I don't pay attention to municipal gun control laws/prohibitions closely so I can't comment on them with the exception of Heller where I supported the majority. In my neck of the woods, we are at near-zero risk of anyone restricting our access to the types of weapons used here or their ammo.
I was also thrilled to hear the head of the Democratic party claim that the 2nd amendment defends an individual right to keep and bear arms rather than referring to state militias - that is a milestone in my lifetime.
I do not agree with Obama on his narrow interpretation of our gun rights, but I certainly don't fear him or the party as a hunter who uses a 30/06, 30/30, and a 12 gauge.
Posted by: Michael Heath | November 12, 2008 5:08 PM
"Thomas M. - I suggest embracing the paragraph."
I should have, but unfortunately his pro-gun control views made for a very, very long list and for some reason it seemed... appropriate to leave all of that in one large paragraph.
"And no Thomas, Obama never supported legislation that would have banned shotgun shells larger than 28 gauge during the debate in the Senate where Kennedy made his gaffe."
I suggest that you at least make an attempt at reading the sources I gave you (The Volokh Conspiracy page deals with this in detail) which demonstrates that he did, in fact, support this, if not in the context that you thought I meant. I gave a link to a page that gives an in depth discussion of his views, cites sources, and gives an extensive critique of the FactCheck article, much of which is wrong. I am not going to do your homework for you by quoting long sections from that page here on the blog.
Posted by: Thomas M. | November 12, 2008 5:15 PM
Art sez:
To be fair tho, Fundies don't have a monopoly on that. I have a number of friends -- believers and atheists, liberals and conservatives - who believe one or more insane conspiracy theories. The moon landings were faked, vaccines cause autism, 9/11 was an inside job, aliens are mutilating our cattle and the gov't is covering it up, etc. At some point while defending their beliefs, they all point to the lack of evidence for their position as further evidence of the conspiracy.
Posted by: WScott | November 12, 2008 5:32 PM
I keep hearing these dire predictions about how Obama is going to turn into Hitler. Don't these wingnuts know they are going to look like jerks when their predictions turn out laughably wrong? The SCOTUS has already decreed that libruls can't go door to door confiscating guns. It's like they aren't paying attention.
Oh, wait. They aren't.
Posted by: Susan Cogan | November 12, 2008 5:35 PM
As a non-American, I do not understand the obsession with firearms. For those who claim the availablility of firearms improves safety, the figures and tables in http://www.guncontrol.ca/English/Home/Releases/GlobalGunEpidemicRev07.pdf are worth looking at. Clearly something is different in the US.
Posted by: Richard Simons | November 12, 2008 5:44 PM
I'm Canadian. I also used to work in a field where maintaining and using automatic weapons were part of the job description, and I got a great chance to see regular joes and jills handling all types of weaponry.
And this is my conclusion: Gun control is not the enemy. And that's all I wanted to say about that.
@Shygetz:
I invite you to view
this.
Posted by: Metro | November 12, 2008 6:08 PM
Thomas M.,
I always wonder about those statistics. No one ever says if the murder rate declines. That is what most urban dwellers want when they want some restrictions on gun ownership. We could give a crap about what you hunt with,your ammo or if you kill each other while hunting. Most people in our environment don't ever see thoes scenarios that are given to convince us that we are wrong.
Posted by: Hathor | November 12, 2008 6:17 PM
Posted by: James Hanley | November 12, 2008 6:36 PM
BobApril,
Good point. You're absolutely right. And I agree that Obama has won an impressive campaign. I think his campaign manager will go down in history as one of the greats. Perhaps he should be president!Posted by: James Hanley | November 12, 2008 6:40 PM
Well, one thing that's different is that -- I hear -- when you call the police over there, they take half an hour to come, if you're in a good neighbourhood. If you're in a bad one, they may not come at all.
Over here, if you call them, they come within five minutes.
If that's true, I'm not surprised so many Americans believe they must literally defend themselves, something that used to strike me as ridiculously paranoid.
Posted by: David Marjanović | November 12, 2008 6:42 PM
Another thing that's different is the huge black market for guns in the USA. That's why the "if you outlaw guns, only outlaws will have guns" argument comes from. Over here, guns are so difficult to get that most bank robberies are committed with toys or other imitations...
Of course, there's a vicious circle here: the mentioned black market is continually resupplied by theft of completely legal weapons. Over here there are too few legal weapons for that.
Posted by: David Marjanović | November 12, 2008 6:47 PM
There's another 'ed' in comments above who gets it - gun shop owners have every reason to push the idea that now is the time to 'stock up' and they are not shy about expressing it.
BTW, maybe the gov doesn't need gun registration - the bushies have snooped everything else, why not the NRA membership lists?
Posted by: Ed S. | November 12, 2008 7:00 PM
Obviously it varies from place to place, but you can find some numbers by Googling "average police response time". Looking over the results, I would estimate the national average is roughly 6-8 minutes.
Posted by: lylebot | November 12, 2008 7:17 PM
It's patently obvious that none of the people expressing skepticism of the possible (even likely) effects of the legislation promoted by Obama have even begun to read the analysis at The Volokh Conspiracy. If you think that the people who would be given charge of determining what is "designed" to pierce armor would have any problem erasing the difference between design capability incident to some other purpose and design intent, you are obviously not familiar with the history of the enforcement of such laws. You cannot honestly argue that it cannot happen; it has happened, and claiming otherwise makes you an ignoramus at best. (You know, like all those clowns who think ID is science?)
I also note that none (that's NONE) of you has addressed the fact that Obama favored criminalizing people who defended themselves in their own homes with guns that happened to be illegal wherever they lived. I'm sorry, but this sort of persecution of the individual for violating some policy of the state in the process of protecting their own life is the heart and soul of fascism.
Posted by: Engineer-Poet | November 12, 2008 7:41 PM
I suppose that when we're talking about objects that can confer the power of life and death, we're bound to uncork a little madness in the population. Power and fear don't bring out the best in everyone.
But I have to belie my own observation with something that surprised me. After handgun bans were lifted in several Chicago suburbs recently, there was no great rush to buy handguns. Perhaps even more interesting, suburban attendance at public meetings about lifting the bans was sparse. When the bans were instituted during the 1980s, the battles were ferocious.
Posted by: Dr X | November 12, 2008 7:50 PM
James quoting me:
You timed that perfectly given that I posted two very long near-duplicate commentp posts and then had the gall to criticize someone else's grammar (Thomas M.).
Posted by: Michael Heath | November 12, 2008 8:01 PM
I think people should have a right to bear arms, but I think a lot of the gun nuts have a reactive mentality. A lot of them go on and on and on about how we need guns for defense against crime. Because the world is dangerous. Yet what are they doing to make the world less dangerous? A lot of them do not want to oay taxes to build schools for poor people's children, yet they have no problem paying taxes to build more jails. (Granted, some of them think jails just grow on trees, but that is a whole other issue.) I know that just building more schools in and of itself is not the answer, yet a lot of the "pro-gun" crowd seems to care more about punishment than prevention.
Plus a lot of gun nuts think we need guns in the possession of citizens to prevent the government from imposing tyranny. But as gingerbaker above pointed out, George W. institutued quite a bit of tyranny in the USA. I am sure many would point out that the Bush Administration would only do bad things to terrorists. But who is in the position of defining who is and who is not a terrorist? Well, the government, of course. And to paraphrase Martin Niemöller, what will stop the government from labelling you a terrorist if you had no problem with everybody named "Abdul" being rounded up?
I subscribe to the idea behind the Sinclair Lewis quote that "When fascism comes to America, it will come wrapped in the flag and carrying a cross." But I think that fascism in the USA is also like the proverbial frog in boiling water. It will not happen overnight. There will not be tanks rolling down the street one day. It will happen slowly, by degrees, just like it is now. To keep us all safe, of course.
Posted by: Blue Nine | November 12, 2008 8:31 PM
Thomas M. - Because we need more contrarians in this forum to lessen the echo chamber, I searched the Volokh thread again (I had done so in the previous thread in this forum awhile back - which I linked to in my previous comment to you).
I could find no validation that Obama intends to outlaw ammunition commonly used for hunting. Yes, someone quoted Kennedy on the floor regarding 30/30 cartridges, which I also referenced. That was a gaffe and contradicted both his direct writings on this matter (the amendment) and contradicted another verbal statement he made on the floor of the Senate. Here is the Congressional Record S9383 with Kennedy noting this was about better protections for cops and not about hunting: http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fbulk.resource.org%2Fgpo.gov%2Frecord%2F2005%2F2005_S09383.pdf&images=yes
Kennedy showed some combination of a basic cluelessness about weaponry and/or a senior moment since the comments that the Volokh commenters are betting nearly their entire argument on are contradicted by Kennedy's own position as noted in the amendment and the above verbal statement noted in the above link. The words of the amendment that Obama voted for did not outlaw hunting ammo that has armor piercing capabilities, see my breakdown of the actual relevant wording. Any AG trying to enforce such a broad sweep of powers I predict would get strictly cut down, either in trial or in appeals.
In regards to hunting - guns and ammo:
Thomas - as a practical matter, do you really believe the Democratic party has the desire, will, and political capital to outlaw hunting guns and ammo commonly used in the very districts they are starting to represent? Districts such as Northern Michigan (my Congressman is a Democrat who is a state cop), Montana, and Colorado, all states with heavy populations of hunters who use rifles with long ranges (30/06, 30/30). Districts now represented with Democratic centrists with strong libertarian streaks who seek the hunter vote.
Our Dem MI senator who focuses mostly on rural Michigan, herself having grown up in a area where deer hunting is the major fall tourist attraction, voted this amendment down (Stabenow). My other Dem Senator - Carl Levin, voted for the amendment, no surprise since he's very Detroit-centric in his representation, so he's much more sensitive to criminals shooting cops.
Please also note, this amendment failed 64 to 31, and even if it had passed, was never intended to outlaw ammo that was not designed or marketed for armor piercing capabilities. I don't know if you know much about "design", but that means something in manufacturing industries. To allow such a prohibition, a plaintiff would have provide evidence a manufacturer actually tested his product with the intention of passing some armor piercing objective; given the sorts of ammo we're discussing is not designed or tested as such, the relevant ammo would easily fail this standard and could not be prohibited.
I share your concern about urban prohibition efforts regarding guns, I thought Heller was a very liberal ruling that should have accomodated gun control advocates, yet there was still dissent. That ruling however still required the will of the people to allow such a prohibition and quite frankly, there is no will to ban hunting ammo. Quite frankly, I find the whole debate about Obama and hunting equipment prohibitions absurd - it won't happen in this generation, no attempt, no success - just not possible.
Posted by: Michael Heath | November 12, 2008 8:40 PM
Sadly, these are the people who need guns the LEAST.
Posted by: phoenix | November 12, 2008 8:48 PM
Quoth Michael Heath:
And the Civil Rights Act of 1964 was, per its authors, never intended to permit discrimination against whites to advance minorities, yet it has been used to do exactly that.You obviously did not read the Volokh thread closely enough; the stated intent of the legislators makes no difference if the plain language says something else, and the ambiguity between design capability and design intent is a hole big enough to put a 15-inch shell through.
Last, I think that DC vs. Heller was a huge step forward for the rights of city-dwellers; if someone caps a gang-banger trying to break into their apartment, they deserve a medal, not a jail cell. And the laws against felons in possession means the crooks can't use Heller to get off. Would the USA be a better place if the gang members were living in fear of the law-abiding, instead of vice versa? I sure think so.
Posted by: Engineer-Poet | November 12, 2008 9:51 PM
David Marjanović -
If you call the emergency response line, in any location I have lived, the police are there within minutes. If you call non-emergency, it depends on what else the officers are dealing with. In the really shit neighborhood I just left, if you call emergency response, they arrive in a very few moments - especially when there are shots fired.
There are a very few neighborhoods left over here, where the police won't respond. I am hesitant to say none, but I doubt there are any.
Of course, there's a vicious circle here: the mentioned black market is continually resupplied by theft of completely legal weapons.
Not the least bit true. Like any other contraband, the majority are imported. Ironically, they most often come from the middle east these days. Pakistan produces a lot of weaponry that ends up (eventually) over hear. Usually via drug producing nations. China is also a pretty strong source for weapons that will make their way to the U.S. black market.
It is remarkably difficult to steal guns in this country, unless you steal them from an individual. Stealing from individuals is simply not practical, if you want to sell any quantity and risky in and of itself. Stealing from a gun shop is a spectacular method for ending up dead. Owners are required by law to heavily secure their stores during off hours and if you try to steal from them during hours, in most places they are legally required to shoot your dumbass.
Trying to steal a shipment is also a really bad idea, again, a spectacular way to end up dead. It would be possible if you had a team that has military training, but would in itself require a hell of a lot of firepower.
Posted by: DuWayne | November 12, 2008 10:13 PM
"To the gun fanatics, the whole point of the second amendment is not so that you can shoot other citizens, but so that you can protect yourself from a government gone amok. You need the fully automatic weapons so that you can level the playing fields when the Feds come to take away all your guns."
Right, because "unorganised militia with full automatic personal weapons versus professional military with armor, air power and artillery" has been such a raging success in Iraq and Afghanistan.
I realise you're describing this argument and mot necessarily subscribing to it but whatever validity it once had is long dead.
Posted by: Ian Gould | November 12, 2008 10:18 PM
you seem to be off by one; 2008 saw the fourth Traverse City Film Festival. although it did start getting national attention as early as 2006 --- the first one was, IMAO, the best so far, precisely because that one was the most local one.
Posted by: Nomen Nescio | November 12, 2008 10:20 PM
actually, they do seem to have quite some success in Afghanistan.
Posted by: Nomen Nescio | November 12, 2008 10:25 PM
Despite all the gun advocates who insist they need firearms to prevent crime, I've never actually met anyone who claims to have accomplished this. I have heard plenty of stories, however, of gun advocates shooting themselves, family members, each other, innocent bystanders, the family dog...
Posted by: H.H. | November 12, 2008 10:45 PM
Engineer Poet stated:
In the previous post thread where this was an issue that was debated, which I linked to above, I did a textual analysis and also summarized such above. My argument was never, ever, on "intent" alone, it was always primarily one of the plain meaning of the text which was also supported by the sponsor's intent per the Congressional Record with one exception, which I also noted (Kennedy's gaffe).
The amendment failed. The plain meaning of the amendment, "designed or marketed", clearly shows that hunting ammo, which is neither designed or marketed to act as a armor piercing agent, would be exempted, that language, again, is supported by the Congressional Record ("intent") and by how that word is used in the industry.
If "capability" were in play, all manner of products would be outlawed, it's a nonsensical argument.
I agree and have consistently stated the wording could have been better, but the amendment failed. I would argue if it were ever to have passed, it probably would have passed only if the language were cleaned up to remove any ambiguities for those ignorant of what the term "design" actually means in manufacturing parlance - a finding of fact that would have been instantly produced in any trial. My proposal would have been to merely replace the "or" with an "and"; though I would never have voted for such an amendment for other reasons.
So I continue to stand on my argument if an AG ever tried to encroach beyond his limited powers even with the original language; there is no way such a challenge in court could be upheld given the plain meaning of "designed" and "marketed".
Regarding Heller - I am in favor of Heller and clearly stated so. My objection to the ruling was that a dissent even existed given how liberal the majority opinion was in its going well beyond the issue at hand to bless gun control powers by government. A position which I've always held and am on the record here frequently as supporting.
I'd ask you the following which none of the people here arguing for some conspiracy will answer:
Do you really believe the Democratic party has the desire, will, and political capital to outlaw hunting guns and ammo commonly used in the very districts they are starting to represent?
I would argue clearly not. Given there are much more important issues at stake in society today relative to their being no threat of our losing our hunting rights and equipment, I'm amazed so many people want to take one verbal gaffe by Kennedy and a slightly ambiguous failed amendment and create a conspiracy by Obama and the Democratic party out of whole cloth.
Posted by: Michael Heath | November 12, 2008 11:18 PM
Lawfully-armed citizens shoot innocent bystanders far less often than the police do. It has something to do with police arriving on a scene and not always knowing who's the good guy vs. the bad guy, while a citizen who's being robbed is usually very clear on that.
Posted by: Engineer-Poet | November 12, 2008 11:19 PM
Yes, or maybe it has something to do with police facing violent armed felons a lot more frequently than the average "lawfully-armed citizen".
Posted by: Ian Gould | November 12, 2008 11:42 PM
EngineerPoet - Sure, operators of handguns MIGHT know who the bad guy is,
but do they tell the bullets? -DJ
Posted by: DingoJack | November 12, 2008 11:57 PM
By this, do you mean that the total number of bystanders shot by lawfully armed citizens is lower than the total number shot by police, or that lawfully armed citizens actually fire more successful shots at the right targets per capita? In either case, how do you account for the family members accidentally killed by panicky gun owners and the fact that many civilians have at best a shaky grasp of how to effectively operate a gun in a combat situation?
Posted by: Azkyroth | November 13, 2008 12:03 AM
"actually, they do seem to have quite some success in Afghanistan."
Only because the US military and NATO is exercising restraint.
The Russians virtually wiped out the Mujahadeen and were only defeated when the US started supplying them with Stinger missiles.
Posted by: Ian Gould | November 13, 2008 1:02 AM
actually, they do seem to have quite some success in Afghanistan.
Yeah, and if home-grown militias hid in and among women and children we'd have some trouble with them here.
Posted by: Josh | November 13, 2008 6:07 AM
Seeing how bombs appear to be more effective in defending oneself against a tyrannical regime, I wonder when we'll hear advocacy for "the right to bear bombs".
Posted by: Beowulff | November 13, 2008 7:25 AM
@Engineer-Poet & Thomas M:
You seem to be arguing (as did Sam in the thread referenced above) that the effect of the Kennedy amendment would have been to outlaw standard 30-30 calibre ammunition - as well as standard shotgun ammuntion of various "calibres".
Don't you have a problem with the seccond half of paragraph (3) of the amendment, which defines armor piercing ammunition as ammunition determined "to be more likely to penetrate body armor than standard ammunition of the same calibre".
Forget the "designed or marketed" issue; are you really going to argue that the Attorney General (who makes the call) will say, with a straight face, that standard 30-30 calibre ammunition is more likely than standard 30-30 calibre ammunition to penetrate armour?
The Volokh Conspiracy thread linked above is not one of its finest.
Posted by: Robin Levett | November 13, 2008 7:53 AM
i hate to link to a blog run by a person whose politics and ethics i both detest, but perhaps you should look into some of these episodes of people accomplishing just that.
Posted by: Nomen Nescio | November 13, 2008 8:37 AM
no, judging by what happened at Ruby Ridge, i think it's more likely we'd just shoot the women and children.
and then let the shooters off scot free.
Posted by: Nomen Nescio | November 13, 2008 8:44 AM
It's been a tough go for servicemembers lately, trying to determine when their lawfully appointed superiors are giving unlawful orders, but I am quite confident, with a confidence based on personal exposure to my fellow servicemembers, that very few soldiers would take arms against American civilians on a large scale for an extended period. The vast majority recognize that their oath is to defend the Constitution, not the government.
Posted by: RedHairBlueSkin | November 13, 2008 9:08 AM
Ian, I believe he did the right thing. Any business owner whose employee rambles on in public spewing such disgusting racism DESERVES to be fired. The owner made the right decision, and I think we should all be supportive of people who denounce such evil.
Posted by: Rich Stage | November 13, 2008 9:22 AM
Quoth Michael Heath:
There's your theoretical claim. [NB: the law stated "designed OR marketed", meaning design is sufficient. It is legitimate to infer intent on Kennedy's part with this language because he has a long history of trying to ban guns and ammo, by fair means or foul.]Then there's the real-life case of David Olofson. He was arrested, prosecuted and convicted because a gun he loaned to a friend malfunctioned after (a) firing several hundred rounds and (b) having the safety moved beyond the "fire" position. In this state it could be induced to fire several rounds before jamming. BATF raided his house, tested the gun and found that it was not a machine gun. Upon pressure from the prosecution, the gun was re-tested using ammo with sensitive primers and the malfunction was reproduced, so the BATF called it a "machine gun".
The gun parts involved had been recalled for safety reasons (this exact malfunction). Evidence of this was withheld from the jury. A summary of this case is at Firearms Coalition.org, with further links at the bottom of the post.
This has obvious implications for the "design" question; if the government feels like interpreting the word in a particular way, they'll do it. Even if they ultimately don't get away with it, they'll ruin a lot of people and nobody involved will be fired or even demoted. Government shouldn't be allowed to ruin people to suit their whims; that is what the Constitution and law are supposed to protect us from.
Anyone who is up in arms over the Bush use of Guantanamo, rendition and other practices should be just as outraged by these abuses of BATF regs to persecute gun owners. Your outrage appears to be very selective.
Posted by: Engineer-Poet | November 13, 2008 9:23 AM
Yes, DJ, they tell the bullets (see below).
Quoth Azkyroth:
The former, and the ratio of mistakes is also higher with police than civilians. I'm not going to load this comment with links and get it stuck in moderation, but I found a somewhat-dated claim (before the recent surge in state shall-issue laws) which states this (you can search for the string to find the original):
I found a very recent article which states this:
If the 3:1 ratio still holds, police shoot the wrong person nearly 25% of the time.
I tried to find up-to-date statistics, but a search with my terms restricted to "doj.gov" came up empty.
Posted by: Engineer-Poet | November 13, 2008 9:43 AM
no, judging by what happened at Ruby Ridge, i think it's more likely we'd just shoot the women and children.
Yeah, you're right. That is a possibilty.
The vast majority recognize that their oath is to defend the Constitution, not the government.
Yep, but the reason that things can become sticky is that our oath is to defend the constitution against both foreign and domestic enemies. That same oath also requires us to obey lawful orders issued by POTUS et al., who would of course be the very ones determining which groups were classified as domestic enemies. I agree completely "that very few [US] soldiers would take arms against American civilians on a large scale for an extended period." The question is at what point do these soldiers stop viewing members of an armed militia as American civilians and start viewing them as enemy combatants. I do not know (for me personally, camoed up, in full battle rattle, and taking fire from said militia) the answer to that question. My memories of various briefings/discussions on this subject suggest (again to me) that many of my brothers might not know either. What I do know is that lots of stuff that appears clear cut when it's getting discussed in the team room suddently becomes very murky when rounds start getting sent down range.
Posted by: Josh | November 13, 2008 9:46 AM
I don't care if somebody named Olofson went to jail; one more time, and this time loud enough for those in the cheap seats to hear: NO CIVILIAN NEEDS ANY WEAPON THAT IS DESIGNED TO KILL A LOT OF PEOPLE IN A SHORT AMOUNT OF TIME, ESPECIALLY IF THE PRIMARY JOB OF GOVT IS TO PROTECT THE CITIZENS.
Is that clear enough? You don't need your toys to feel more alive, more vital; or at least you shouldn't.
Posted by: jws | November 13, 2008 9:59 AM
...a hummer.
but in a free country, we do not make laws to restrict what manner of property citizens may own based on what we think they need.
if you could present a plausible case that owning some manner of weaponry truly presented a significant threat to peace, life, and safety in society, which threat could not be addressed by any lesser means than a ban on ownership of said weapons, then you'd have a compelling government interest in such a ban. can you present such an argument?
Posted by: Nomen Nescio | November 13, 2008 10:10 AM
Sure. The Founders clearly didn't trust the citizenry with the power to elect senators or executives; why in the hell would they have trusted them with uzis? Can you make a compelling argument that weapons designed solely to kill a lot of people in a short time is not a danger to society?
Posted by: jws | November 13, 2008 10:13 AM
Ok, can we all get back to the real world here. Large scale civilian uprisings are a fantasy of people for whom their guns are actually a part of their identity. Never going to happen. Those who would like to see it happen, such as folks who live in terror that Obama is going to steal their guns, have absolutely no support from the vast majority of their neighbors. Indeed their neighbors would be the ones calling for help if they tried, because most sane people don't want to live in a fucking war zone.
And you can count me among the gun owners, who if asked (quite unlikely as it is) would be happy to help quell such an attempted uprising. Sorry gun nuts (not those who believe in the right to bear arms, but actual nuts), but there are few of us who would like to see our families put in harms way by your lunacy. Just like there are few of us who think you should have the right to fully automatic weapons, missiles or nuclear weapons (yes, I have come across those who actually believe we should have a right to every sort of weapon our government possesses).
RedHairBlueSkin -
I have very little doubt that if called to quell an uprising, the national guard would do as ordered. The likelihood of it ever getting beyond the capacity for civilian law enforcement is slim to none, but I doubt the national guard would ignore orders.
Engineer-Poet -
Great stats, but they don't actually answer the fact that cops are involved in a great many more shootings than civilians. What is the ratio of right/wrong person civi shootings? Because without that, the comparison you are making is completely meaningless.
Posted by: DuWayne | November 13, 2008 10:23 AM
...is jws expressing his/her real opinion or is he/she just pretending to be an anti-gun advocate?
I would hope that jws doesn't need innocent people to go to jail just so he/she feels safer. At least he/she shouldn't.
Posted by: RedHairBlueSkin | November 13, 2008 10:23 AM
still ass-backwards, jws. the burden of proof is on you, not me. else i'll have to ask you for an itemized inventory of everything you own, complete with a detailed explanation of why you need to be allowed to keep each item.
(nor am i impressed by appeals to authority. the founders are two centuries dead, who can tell what they'd think of uzis? i could just as easily speculate that Ben Franklin would go "hey, neat! i bet i could build something like this!" and George Washington might say "if those darn militiamen'd had one of these each, they might not have been so bloody useless in battle".)
Posted by: Nomen Nescio | November 13, 2008 10:23 AM
Josh,
You make good points. Which is why the obligation is on all of us in uniform to decide what we are going to do before the bullets start flying. There is a long time bewtween the time an order is given to start kicking in doors and when a soldier needs to defend himself/herself from live fire.
DuWayne,
You're not in the Guard then, are you? I agree that it's not always cut and dried and that emotions run high in such situations, but what is more likely to happen is that the Guardsmen will look over the barricades and see their buddies and ask, "What they heck are you doing, man?" and the conversation will start. If the people on the other side of the of the barricades have a reasonable argument, I have no doubt that the majority of Guardsmen will do what's right.
Hollywood and popular mythology are both wrong - Soldiers do not blindly follow orders. The exceptions are noteable because they are exceptions.
Posted by: RedHairBlueSkin | November 13, 2008 10:37 AM
I seem to have a sticky
Posted by: RedHairBlueSkin | November 13, 2008 10:40 AM
okay, for the record and in order to hopefully put DuWayne slightly more at ease with my position: i don't hold with the "armed resistance against tyrannous government" argument for the right to keep and bear arms. not because it couldn't work --- it obviously could work --- but because in order to work, such resistance would have to put us through a civil war and reduce the country to anarchy similar to what Afghanistan is going through now (and for the last several decades). nobody sane wants that.
i don't think that argument is necessary to support a right to keep and bear arms, however. simple individual freedom, coupled with the fact that the vast majority of gun owners are demonstrably trustworthy and responsible with their weapons, should be enough.
i'll happily admit that some regulation is necessary, but i want it kept as limited as possible in order to preserve individual liberty as far as possible, and i don't want mission creep in gun laws that could slowly introduce a ban by the back door. i see some evidence that that can happen, that it has happened elsewhere, and that some of our regulations here have expanded in that direction --- i don't like that tendency, and i want it reined in as far as reasonably possible.
Matt Springer, on his own blog, has argued that people ought to be able to own whatever they please but subject to regulations designed to ensure public safety in each individual case. i believe his extreme example was, if you want to own a nuke, you'll have to store it away from any planet humans live on --- i'd agree with that. maybe some day that'll be possible, but until then, a ban on private nukes is not unreasonable.
Posted by: Nomen Nescio | November 13, 2008 10:50 AM
...but in a free country, we do not make laws to restrict what manner of property citizens may own based on what we think they need.
Yes, actually, we do. Ever notice how many regulations there are to govern what size and designs of cars we can drive on public roads? Ever notice we don't allow undisciplined civilians to own functioning tanks, artillery and nukes? That's because we've decided (wisely IMHO) that civilians don't NEED those sorts of weapons badly enough to tolerate the threat to public safety that unregulated posession of such weapons would create. That's why we create governments and security forces, remember?
And guess what -- it's not unconstitutional. The Second Amendment explicitly states, in plain English, that a WELL-REGULATED MILITIA is necessary to the SECURITY OF A FREE STATE; which means it's perfectly okay -- dare I say sensible? -- to regulate (even to the extent of prohibition) the traffic and ownership of weapons to protect the security of a free state. And yes, reducing the ability of common criminals to outgun the cops (without the cops having to bring outrageous amounts of firepower to the streets) is indeed good for the security of a free state.
Posted by: Raging Bee | November 13, 2008 12:36 PM
and they control what size and designs of cars i may own not in the slightest. by analogy, i have no objection to restrictions on carrying weaponry out in public, either. i think it should be allowed to at least some degree, but i'm not arguing for letting just anybody do it with no questions asked.
...as a civilian, i MAY in fact own functioning tanks, and artillery. modern (not muzzle-loading black powder) artillery is regulated much like machineguns --- that is to say, the mountain of red tape is most impressive. same goes for the actual cannon (i.e., artillery piece) that makes a tank more dangerous than a bulldozer.
several people own "neutered" tanks (weapons removed or deactivated), seemingly just because they like to --- it's a hobby on par with owning refurbished WW2 fighter planes, or non-road-legal race cars. owning and shooting functioning artillery is a much more restricted, much less popular hobby, but it too exists.
(privately owned artillery usually fires solid, non-explosive practice shells. explosive shells are regulated individually, shell by shell, just as strictly as the artillery pieces that shoot them; that puts them out of practical reach of hobbyists.)
as for your reading of the second amendment, take it up with the supreme court. they interpret it differently from how you do it, and their interpretation is the one that settles the law of the land. yours is merely your own opinion, so --- although i could --- i won't need to go into details on just how facially ridiculous an opinion it is.
the main point is that, despite your blatant assertion, none of these regulatory laws are based on any lack of need on behalf of private citizens to not be regulated. they're based on the compelling interest of government and society to have such regulation. we don't regulate every single damn thing that nobody can find the time or effort to explain how we "need" to not have it regulated; that would not be compatible with freedom. the idea is that whatever is not forbidden should be permissible, not the other way around.
Posted by: Nomen Nescio | November 13, 2008 1:39 PM
RHBS -
Nope, I'm not in the guard. However a great many of my friends and family are military or retired from.
...but what is more likely to happen is that the Guardsmen will look over the barricades and see their buddies and ask, "What they heck are you doing, man?"
What the fuck makes you think that in such a situation, the government would put Guardsman from the area in the situation? They won't be looking at their buddies, they'll be looking at armed insurrectionists. Insurrectionists who are probably holding neighbors hostage, if it really is a relatively large scale situation. Because here's a hint, very few folks anywhere are going to cooperate with an armed insurrection, so either they are going to become refugees from their homes or hostages. And unlike Ruby Ridge (which at the least fomented some changes in how the FBI operates such situations), they aren't family members of the insurrectionists and are unlikely to become targets.
Indeed, even if some of the Guardsmen know people on the other side of the barricade, as it were, they are unlikely to attempt to interfere with any negotiations. If they did, they would probably be arrested.
And I for one, would love to hear about these folks who decide to disobey orders. I am aware that it has happened and would probably happen again, given the proper circumstances, but such incidents are exceptionally rare.
Your fantasy scenario just isn't likely to ever happen.
Nomen -
Honestly, and mainly because I paid attention to that thread on Matt's blog, I wasn't really including you in the nut category. I imagine that you and I would disagree some on the degree of regulations, but we aren't that far apart. I absolutely agree that folks should have a right to own pretty much anything, subject to regulations protecting the health and safety of the folks around them.
Posted by: DuWayne | November 13, 2008 2:07 PM
Which is why the obligation is on all of us in uniform to decide what we are going to do before the bullets start flying. There is a long time bewtween the time an order is given to start kicking in doors and when a soldier needs to defend himself/herself from live fire.
Yes to your first point (although as I said, even when people put time into thinking about it, the answers don't come easily), but not likely to your second. As I stated earlier, the guys who are most likely going to be involved in dealing with such an insurrection will be USASOC and XVIII Airborne Corps elements (likely whoever is on RRF1 at the time in the 75thRR/Delta and the 82nd). Wheels up within 18 hours of a go order. That's not a long time and there is no time during such a ramp-up for soul searching.
and, to that point:
What the fuck makes you think that in such a situation, the government would put Guardsman from the area in the situation?
Yeah, I don't think any reserve component unit would be involved in the initial engagments of such an offensive. Even the SOF components within the Guard aren't designed to deploy that quickly. Not in a combat capacity. We're not talking about a blizzard or a flood. If there are capable Tier I units CONUS at the time, then I strongly suspect the Pentagon is going to respond with those units, not, say, the 3rd Battalion of the 172nd Infantry Regiment. Unless all Tier I units are otherwise occupied somewhere else, I don't think there's any chance that Guard grunts would be the first ones trading punches with the militia.
Posted by: Josh | November 13, 2008 2:30 PM
as for your reading of the second amendment, take it up with the supreme court. they interpret it differently from how you do it...
I haven't read the rulings in great detail, but from what I've seen, beneath the choice of words and emphasis, their interpretation really isn't that different from mine. True, they're PRETENDING to find a kinda-sorta-inalienable right to bear arms, just to apppease the right-wingers in power; but in fact, they're also going out of their way to state that they have no intention of overturning more than one or two specific gun regs. They're giving de-jure recognition to a right to bear arms, but they're also giving de-facto recognition to the overriding state interest in regulating the traffic and possession of firearms for public safety.
Posted by: Raging Bee | November 13, 2008 2:35 PM
the issue is clearly deeper than just the laws about bearing arms. it comes down to control of people who other people are afraid of. the solution? for the people who want power it is to take the guns away from by scaring the people they want to control.
Posted by: the nomad | November 13, 2008 4:24 PM
"So I guess that stuff Obama said about rural folks was pretty true."
Nail on the head, almost.
Posted by: slpage | November 14, 2008 8:56 AM
That phrase "well regulated militia" seems to be a bone of contention. How exactly is there a "well regulated militia" if they are not in fact subject to any regulation?
Posted by: democommie | November 14, 2008 12:29 PM
jws:
So I guess that stuff Obama said about rural folks was pretty true.
Sort of. My impression is that anyone living in a rural area who's saner than Rod Nyland and his ilk* probably doesn't engage in the ultra-demonstrative behavior that the Nylands of the world do, mainly because it's the sort of behavior that only hardcore nutjobs engage in.
(*Traverse City may not be Detroit or even Grand Rapids, but it's a suitable warning that the Great American Stupid is hardly confined to the deep south.)
Posted by: Chris Krolczyk | November 14, 2008 7:40 PM
FWIW, as far as demonstrative behavior goes, there was picketing outside Hampel's gun shop after Nyland's screwup. so no, his type of mindset is not the only one you'll find in this one small town, at any rate.
Posted by: Nomen Nescio | November 14, 2008 9:40 PM
I feel the need to clarify for some of you, that Traverse City is not a bastion of right wing nuts by a long stretch. Like most of MI, it is pretty staunchly moderate, with a few extremists in either direction. My own experience in TC is that they mostly have some of the very best weed you'll find anywhere in MI and you don't have to take out a small mortgage to afford it. And they're something of a resort town.
I can give you a pretty good summary of why Nyland probably got fired. His idiot commentary would have put the store under, as would the flying the flag upside down. The owner had to back peddle precisely because TC is not a racist, backwoods hickville. It's not just the loss of tourist business that they needed to be concerned about - tourists usually don't pay much attention to local bullshit anyways. It's their bread and butter, the locals they depend on year round to survive.
There are racist, ignorant fucking morons everywhere. I just moved back from the People's Republic of Portland, OR - a fair liberal bastion if there ever was one. And guess what? There are racist fucking morons there too. There are even those who advertise it on their cars and a couple of businesses that make veiled anti-gay commentaries on their sign boards (Portland is extremely queer, chock full of gays too).
So lets not paint the whole area, because of one fucking racist moron, who hires racist fucking morons please. The northern lower peninsula is actually pretty fucking cool, with a few morons here and there. Yeah there are militia types who congregate here and there, but they mostly keep to themselves (paranoid) and try hard not to be noticed by their neighbors. Everyone else just tends to wander through the woods with their guns, trying to avoid shooting the snowmobilers and skiers - those who aren't busy in their art studios or making wine.
And the U.P. is just - different. I wonder sometimes why Canada doesn't annex the U.P. altogether, as yoopers tend to "speak Canadian," act Canadian and are even rather clean like the Canadians. I suspect because the U.P. and yoopers are a lot of fun and many Michiganders love to be able to visit Canada without actually crossing the border. But yoopers are definitely not big on the racist fucking idiocy.
Posted by: DuWayne | November 14, 2008 11:36 PM
Coming back to this after a computer crash...
There's been a shift in the use of the word since the Second was written. At the time, it was taken to mean "to put in good order: to regulate the digestion." A "well-regulated milita" was one that knew how to shoot and had some sense of military practices (for "protection against enemies both foreign and domestic"). Only later did "to control or direct by a rule, principle, method, etc." become the most-used meaning.See Regulate.
Posted by: Engineer-Poet | December 4, 2008 11:09 AM