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Showing posts with label Second Amendment. Show all posts
Showing posts with label Second Amendment. Show all posts

Saturday, August 29, 2015

Fact vs. Fiction

"Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure." — Thomas Jefferson, letter to William Johnson, 1823

The Second Amendment to the Constitution of the United 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.”

In Jefferson’s words the Second Amendment has been construed by the ordinary rules of common sense. Yet it has constantly been interpreted by metaphysical subtleties which may make anything mean everything or nothing at pleasure.

The Second Amendment has most recently been interpreted to grant the right of gun ownership to individuals for purposes that include self-defense. At first it was thought to apply only to the Federal government, but through the mechanism of the Fourteenth Amendment, it has been applied to the states as well. (See District of Columbia et al. v. Heller 2008). The Supreme Court has revitalized the Second Amendment. The Court continued to strengthen the Second Amendment through the 2010 decision in McDonald v. City of Chicago (08-1521). The plaintiff in McDonald challenged the constitutionally of the Chicago handgun ban, which prohibited handgun possession by almost all private citizens. In a 5-4 decisions, the Court, citing the intentions of the framers and ratifiers of the Fourteenth Amendment, held that the Second Amendment applies to the states through the incorporation doctrine.

So much for the legal interpretations of the Second Amendment. As of today it is pretty much set that the Second Amendment grants the rights of personal protection to all citizens of the United States. This right can be modified by the states to exclude convicted felons and the mentally ill. Each state has a different interpretation of these exclusions that people of common sense find reasonable, including for most part the NRA.

Recently I posted a Blog where I claimed that guns save lives. I suggest you scroll down through this list to see the various examples of how legally owned guns and Concealed Carry Weapons (CCW) permits have saved the lives of the owner or other innocents.

One case that sticks in my mind, as a person who will be traveling with my family and dog is a recent case in Albuquerque, New Mexico.Lynne Russell (a former CNN anchor) and her husband Chuck de Caro (a former CNN reporter)By0d6TWIQAEmoeO2-400x316 were traveling with their two Weinheimer dogs. Due to traveling with the dogs they had to stay in a dog-friendly Motel 6. On June 30, 2015 armed with a .40 caliber handgun convicted felon Tomorio Walton attempted broke into their room to rob the couple. Fortunately Russell and her husband were armed with Rugger .380 handguns and both had legal CCW permits. A shoot out ensued with de Caro wounded three times and Walton killed. No charges were filed against Russell or de Caro. Both Russell and de Caro were well trained in the use of firearms. Lately a second person has been charged with murder in the Russell case. He is Skyy Durrell Barrs, 30, whom Albuquerque police say put the armed intruder up to the attack.

Then we have county sheriffs and city police chiefs across the nation asking responsible citizens to legally arm themselves to help fight off crime in urban areas where the police are overwhelmed.

With the latest shooting of two reporters in Moneta, Virginia the media’s talking heads, left-wing politicians, and people without a clue on firearm regulations in the United States have climbed once again on the gun-grabbing band wagon. I guess the anti-gun news media’s propaganda campaign of calling every criminal with a firearm, regardless of the crime he commits, a “gunman,” has succeeded when pro-gun media does the same thing! He’s not a “gunman” he’s a murderer! If he used a knife, would you call him a “knifeman”?

This example is shown by a case in Broken Arrow, Oklahoma (a suburb of Tulsa) where 18 year-old Robert Bever stabbed to death 5 members of his family included his 5 year-old sister. Of course not much attention was given to this by the national media. Why? Because no gun was used and the media can’t push its anti-gun narrative. So this story gets ignored.

With this in mind let’s look at the murder rates in the United States. Since 1991 when the national murder rate was 9.8 per 1,000 people the rate has been dropping to 4.7 in 2011. That’s a drop of 52%. This rate may be climbing with recent events in Baltimore and the increase in assignations of law enforcement officers since Ferguson’s “hands up, don’t shoot” and “black lives matter.”

murderrate

According to USA Today:

“After years of declining violent crime, several major American cities experienced a dramatic surge in homicides during the first half of this year.

Milwaukee, which last year had one of its lowest annual homicide totals in city history, recorded 84 murders so far this year, more than double the 41 it tallied at the same point last year.

Milwaukee is not alone.

The number of murders in 2015 jumped by 33% or more in Baltimore, New Orleans and St. Louis. Meanwhile, in Chicago, the nation's third-largest city, the homicide toll climbed 19% and the number of shooting incidents increased by 21% during the first half of the year.

In all the cities, the increased violence is disproportionately impacting poor and predominantly African-American and Latino neighborhoods. In parts of Milwaukee, the sound of gunfire is so commonplace that about 80% of gunshots detected by ShotSpotter sensors aren't even called into police by residents, Flynn said.

"We've got folks out there living in neighborhoods, where . . . it's just part of the background noise," Flynn told USA TODAY. "That's what we're up against."

Criminologists note that the surge in murders in many big American cities came after years of declines in violent crime in major metros throughout the United States. Big cities saw homicides peak in the late 1980s and early 1990s as crack-cocaine wreaked havoc on many urban areas

Baltimore and Ferguson effect

So far this year, Baltimore recorded 155 homicides, including three people who were killed late Tuesday evening near the University of Maryland, Baltimore campus. The 2015 homicide toll is 50 people higher than it was at the same point last year.

On Wednesday, Mayor Stephanie Rawlings-Blake fired Police Commissioner Anthony Batts, citing the spike in murders in the city.

The firing also came as the police union was set to release a report hammering the department's response to the unrest in Baltimore following the death of Freddie Gray, who died one week after sustaining a severe spinal cord injury while in Baltimore police custody. Gray's treatment was held up by protesters as an example of the endemic problem of police brutality in the city and beyond.

"We cannot grow Baltimore without making our city a safer place to live," Rawlings-Blake said. "We need a change. This was not an easy decision, but it is one that is in the best interest of the people of Baltimore. The people of Baltimore deserve better."

The Charm City, which is seeing some of the worst violence since the 1990s when it routinely tallied 300 murders annually, recorded 42 killings in May alone.”

According to FBI 2013 report on crime in the United States:

The FBI’s Uniform Crime Reporting (UCR) Program defines murder and non-negligent manslaughter as the willful (non-negligent) killing of one human being by another.

“The classification of this offense is based solely on police investigation as opposed to the determination of a court, medical examiner, coroner, jury, or other judicial body. The UCR Program does not include the following situations in this offense classification: deaths caused by negligence, suicide, or accident; justifiable homicides; and attempts to murder or assaults to murder, which are classified as aggravated assaults.”

“Supplementary Homicide Data—The UCR Program’s supplementary homicide data provide information regarding the age, sex, and race of the murder victim and the offender; the type of weapon used; the relationship of the victim to the offender; and the circumstance surrounding the incident. Law enforcement agencies are asked—but not required—to provide complete supplementary homicide data for each murder they report to the UCR Program. Information gleaned from these supplementary homicide data can be viewed in the Expanded Homicide Data section.

Justifiable homicide—Certain willful killings must be reported as justifiable or excusable. In the UCR Program, justifiable homicide is defined as and limited to:

· The killing of a felon by a peace officer in the line of duty.

· The killing of a felon, during the commission of a felony, by a private citizen.

Because these killings are determined through law enforcement investigation to be justifiable, they are tabulated separately from murder and non-negligent manslaughter.”

Overview

 “In 2013, the estimated number of murders in the nation was 14,196. This was a 4.4 percent decrease from the 2012 estimate, a 7.8 percent decrease from the 2009 figure, and a 12.1 percent drop from the number in 2004.

· There were 4.5 murders per 100,000 people. The murder rate fell 5.1 percent in 2013 compared with the 2012 rate. The murder rate was down from the rates in 2009 (10.5 percent) and 2004 (18.3 percent).

· Of the estimated number of murders in the United States, 43.8 percent were reported in the South, 21.4 percent were reported in the Midwest, 21.0 percent were reported in the West, and 13.8 percent were reported in the Northeast. “

This FBI site is loaded with statistics and tables that are far too numerous to post on this blog. I suggest you visit the site and peruse some of the tables for a clearer understanding of what the FBI is reporting.

So what the top five murder capitals of America? According to Neighborhood Scout, a national data base for home buyers and renters:

“That murder rates in major U.S. cities are on the decline is popular knowledge. New York City is often held up as the example: in 1990, NYC had more than two thousand homicides, by 2014 that number was down to just over 300. It’s a common trend of many cities, including Philadelphia, Los Angeles, and Dallas, among others. Even cities with especially high murder rates have seen a relative decline: New Orleans ranks 9 on this year’s list, down from 4 last year, and St. Louis improved from 10 to 12.

On our ranking of America’s murder capitals, some cities show up that you might expect: Detroit ranks number 7, St. Louis 12, and Baltimore 13. Until recently large cities dominated murder-capital conversations; now this list is populated mostly by middle-sized cities as well as smaller cities in close proximity to larger ones. The smaller cities either serve or once did serve as industrial satellites to their larger neighbors. These smaller satellites show up on the list, while nearby larger cities sometimes don’t register. Camden ranks at number 2 but nearby Philadelphia does not make the list, Compton ranks 14 and San Bernardino 28, but Los Angeles doesn’t make the list, East Chicago ranks 15 and Harvey 11, but not Chicago proper. Perhaps these inner-ring suburbs and industrial satellites have contributed to the perception of their larger counterparts’ lingering reputations. Misinformed reporting may be to blame as well — using murder counts instead of murder rates, the later which normalize for population size and provide a better indication of your chance of becoming a victim compared to simple counts, which are generally just higher in bigger cities.

As with NeighborhoodScout’s ranking of the 100 most dangerous cities in the U.S., the Pacific-northwest, and the Great Plains don’t have any cities ranked at all. Also, there are no murder capitals in New England. All of the cities on the list, save for those in California, are either on or to the east of the Mississippi River. On the west coast, Oakland is the farthest north.

Big cities can have more murders than small cities, but not as a rate per population. This NeighborhoodScout report factors in population size to determine the number of murders in each city per 1,000 people, thereby normalizing for population and more clearly representing the risk to residents of a city.

While its population is tiny, East St. Louis ranks at #1 with the highest murder rate: 0.86 murders per thousand residents, approximately twenty one times the national average - while Baton Rouge ranks 30th on the list with 0.21 murders per thousand residents, just over four times the national average. We use the FBI’s definition for murder {homicide}, which is “the willful, non-negligent killing of one person by another,” and all cities included on this list are required to have a population of 25,000 or more.” [emphasis added]

So here is the list of the 30 top murder cities in the U.S.

Rank

City

30

Baton Rouge, LA

29

Youngstown, OH

28

San Bernardino, CA

27

Oakland, CA

26

Barberton, OH

25

Poughkeepsie, NY

24

Cincinnati, OH

23

Petersburg, VA

22

Wilmington, DE

21

York, PA

20

East Palo Alto, CA

19

Jackson, MS

18

Wilkes-Barre, PA

17

Birmingham, AL

16

East Point, GA

15

East Chicago, IN

14

Compton, CA

13

Baltimore, MD

12

St. Louis, MO

11

Harvey, IL

10

Newark, NJ

9

New Orleans, LA

8

Trenton, NJ

7

Detroit, MI

6

Flint, MI

5

Saginaw, MI

4

Chester, PA

3

Gary, IN

2

Camden, NJ

1

East St. Louis, IL

Click on the city’s link to see the neighborhoods that are the most dangerous.

NeighborhoodScout’s research reveals the 100 most dangerous cities in America with 25,000 or more people, based on the number of violent crimes per 1,000 residents. Violent crimes include murder, rape, armed robbery, and aggravated assault. Data used for this research are 1) the number of violent crimes reported to the FBI to have occurred in each city, and 2) the population of each city. To view a list of the 100 most dangerous click here. You will be surprised by the facts.

So isn’t it time for the media to begin to present the facts rather than constantly reporting on the emotions of the day.

Monday, August 24, 2015

Training The Military In CCW

Recently there appeared an article on Fox News.com regarding Indiana’s Republican Governor Mike Pence using National Rifle Association trainers to train members of the Indiana National Guard on how to use concealed weapons. Pence directed the state's military bases and training centers to beef up security in response to recent terrorist attacks in Tennessee.

The Fox Report states:

“According to a survey by The Associated Press, Indiana is the only state to enlist the NRA's help in the training, which the gun-rights group says it will conduct free of charge for any guardsman who wants to carry a concealed handgun.

Although National Guard members traditionally have not been allowed to carry weapons while conducting most stateside duties, Pence is one of 14 governors who decided to arm them in the wake of a gunman's attacks last month on two U.S. military sites in Chattanooga that left four Marines dead.

Gun control advocates argue it's inappropriate for a state to involve a political lobbying organization in training members of the military, and even some National Guard officials from states that allow guardsmen to carry weapons question why a civilian organization is needed.

"This is a military problem to deal with, so we're going to deal with it with the military," said Lt. Col. Joel Lynch, a spokesman for the Arkansas National Guard, which is handling the training of its Guard members itself.”

The Article goes on to state:

“Guy Relford, an NRA instructor who recently trained about 65 Indiana guardsmen at an armory in Franklin, said his "basic pistol" course delves into safety scenarios on when and when not to shoot.

Without training, the National Guard has "dramatically increased the possibility that someone could hurt themselves or others with a gun," Relford said.

The AP survey of the 14 states that have armed their National Guards shows that most states had members of the military or law enforcement conduct the training. Only Indiana, Arkansas, Florida, Kentucky and Oklahoma said they allow guardsmen to carry concealed weapons. At least seven others — including the largest state of California — allow Guard members to carry weapons in plain sight. Officials in Alabama declined to release information about their firearms rules for guardsmen, while the Texas National Guard wouldn't say if concealed handguns were allowed.

"The fact is, our folks are very comfortable in using weapons and using discernment in when they use those weapons, so having an outside agency involved is a little bit of a surprise," Capt. Will Martin, a spokesman for the California National Guard, said of Indiana's policy.

Eric Dietz, a professor at Purdue University who studies homeland security issues, said his research suggests causalities in some active shooter situations could be reduced if someone, such as a guardsman, has a concealed handgun.

Although more known for its role as an advocacy group, the NRA also frequently conducts handgun training programs for civilians. Relford says most Guard members don't get pistol training from the military, and those who do are taught using the standard 9mm. Pence's policy applies to a vast array of firearms ranging from a .22-caliber up to a .357 Magnum.

There are also legal and philosophical considerations because the military's overarching focus is on threats abroad, not at home, which is the traditional role of law enforcement.

Allowing different states to adopt different training methods also goes against the grain of military orthodoxy.

"You don't want to have the Indiana National Guardsmen trained a certain way that may be different from Illinois or Kentucky. There does have to be a standard across the board," said David Harris, a former adjutant general of the Illinois National Guard and now a Republican legislator, who supports the idea of arming guardsmen.

The Brady Campaign to Prevent Gun Violence criticized Pence for recruiting the NRA, suggesting the organization is "first and foremost" a "lobbying organization."

I wanted to present as much of the article as I have to set the context for what I am going so say.

There may be some validity to Lt. Col. Joel Lynch’s statement stating that the military should train these Guard Men and women on a national basis. But this only applies to how to shoot and basic handgun safety. Concealed Carry Weapons (CCW) laws and procedures are Complicated and different in every state.

For a ranking of the 50 states on their laws, regulations, procedures on concealed carry and the purchase of firearms click here.

In most cases soldiers, sailor, and airmen do not receive adequate handgun training. Even Marines are not very well trained in the use of their 9mmm9a1_zoom001 Beretta M9. My nephew, a former Marine, received a mere 4 hours of training in the use of the M9. Most other members of the military receive far less or no training in the use of a handgun. The primary weapon of soldiers is the M-16 or MP-4 rifle not a handgun. The military does not waste time or ammunition on handgun training. This does not apply to military members of security forces (such as embassy and base guards), Special Forces, and criminal investigators such as Army CID.

The photo shown above is of the 9mm Beretta M9 the official side arm of the United States Military. With its 5 inch barrel, all metal construction, and weighing 34 ounces unloaded it is not a preferred concealed carry handgun

Civilians get more training in the use of handgun safety than the military. As an example my daughter and I recently participated in a handgun safety course. It was 8 hours long and covered basic firearm safety, shooting, and maintenance. In order to obtain a CCW permit in most states the applicant is required to complete not only a handgun safety class, but also a class on laws and regulations pertaining to the concealed carry and use of that firearm. These classes generally include the use of the firearm, types of handguns to carry, the proper holsters to use (inside the waistband or outside the waistband), proper concealment, when to shoot, and what to do after you shoot. The latter is most important as when the police arrive they do not know who the bad guy is and might shoot anyone holding a gun.

For years the NRA has been educating and training adults and children in the proper use and storage of firearms. They also have comprehensive classes to train the firearm trainers. The NRA does many things for its over 4 million members besides firearm training. Yes they have a lobbying are (the Institute for Legislative Action – NRA-ILA), but they also offer education, on-line training, publications, and insurance. They are not, the Brady Campaign to Prevent Gun Violence states; “a lobbying group.” That’s what the Brady Campaign is along with numerous other left-wing gun-grabbing organizations.

Recently Detroit Police Chief James Craig called for responsible, law-abiding citizens of Detroit to carry weapons in the city’s high crime urban areas. In a city plagued by chronic unemployment and crime and guarded by a dwindling police force, residents of Detroit are increasingly taking protection of themselves, their families and property into their own hands. Those who do so responsibly have the blessing and backing of Detroit Police Chief James Craig.

“When you look at the city of Detroit, we’re kind of leading the way in terms of urban areas with law-abiding citizens carrying guns,” Craig said recently

In a recent interview on Fox News Sheriff David Clarke of Milwaukee County inSheriff_Clarke neighboring Wisconsin called for more CCW permit holders in support of his deputies. He believes that these responsible, moral, and law-abiding citizens cannot only help reduce crime but they can have his deputies back in light of recent budget cuts. In January 2013, Sheriff Clarke was featured on a series of public radio ads that said citizens could no longer rely on the police for timely protection and should arm themselves. Later that month Clarke appeared on the CNN program Piers Morgan, with Milwaukee Mayor and gun-control advocate Tom Barrett, who attacked the notion that citizens could no longer rely on calling 9-1-1. The appearance sent David Clarke into the national spotlight. I have heard this sentiment from other law enforcement officers.

Since 2002 Sheriff Clarke (a Democrat) has received on average 76.25% of the votes for his office. He receives phenomenal support from his community. Other police chiefs and sheriffs across the nation have taken a stand on concealed carry weapons as Chief Craig and Sheriff Clarke. They realize that a responsibly armed citizenry helps reduce crime. As CCW permits go up crime goes down. Criminals are fearful and wary of an armed citizenry. They don’t know who carries a firearm and who does not. This is a proven fact that the left-wing mainstream media and gun-grabbers either ignore or refuse to acknowledge. All they care about is their personal agendas.

You can take each example of mass shootings in the United States and ask the question “what would be different had a responsible gun owner with a CCW permit had been there?” This applies to Columbine, Virginia Tech, Sandy Hook, Aurora, Charleston, and Memphis. According to the FBI’s Behavioral Analysis Units mass shootings have two things in common, 1 of course is a firearm, and 2 the profile of the shooter. The second being far more important and dangerous that the first. No matter what the anti-gun media like Mother Jones, USA Today, The New York Times, The Washington Post, and other left-wing publications say guns are not the reason for mass shootings. Yes, they may be a tool like a knife or a bomb, but it’s the profile of the person behind that gun that is the problem — just like the terrorist getting on the plane. The media ignores the illegal immigrants that have committed many crimes and are still walking the streets of cities like San Francisco and instead take up the clarion call for more gun control. Keep in mind that Juan Francisco Lopez-Sanchez did not possess a legally obtained firearm but one stolen from an irresponsible federal officer. According to Beitbart.com 30% of the homicides in the United States are committed by illegal aliens.

According to Breitbart:

“The US Department of Justice’s Bureau of Justice Programs publishes an annual report on the State Criminal Alien Assistance Program; a report that includes data on the number of criminal aliens incarcerated each state prison system and each county jail. It takes some prodigious digging to find the data, but it is there.

But our mainstream media, our self-described guardians of the First Amendment, consciously avoids the effort and declines to put a public spotlight on the problem or demand public scrutiny and public accountability. Why?

The answer is that public debate on the problem of illegal alien crime does not serve the progressive political agenda. The issue is swept under the rug and anyone who raises it is called a racist.

This is media malpractice of historic proportions, and publishers and editors are the unindicted coconspirators in those 7,085 murders.”

We are a nation with a diverse population of over 321 million, with well over 100 million households with legal gun ownership, of somewhere between 270 – 310 million legal firearms of all types.

There’s no universal gun registry, and thus not a simple way to pin down the exact number of firearms in the U.S.

There are estimates, however. According to the Geneva-based Small Arms Survey – the leading source of international public information about firearms – the U.S. has the best-armed civilian population in the world, with an estimated 270 million total guns. That’s an average of 89 firearms for every 100 residents — far ahead of Yemen, which comes in second with about 55 firearms for every 100 people, or Switzerland, which is third with 46 guns for every 100 people.

There are certain types of firearms that do require registration in the United States: those subject to the National Firearms Act, including machine guns, shotguns and rifles with barrels shorter than 18 inches, and silencers.

According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, which handles that registration, there were more than 3.1 million National Firearms Act-registered weapons in the U.S. as of March 2012. That includes more than 488,000 machine guns and more than 2 million “destructive devices” such as grenades, which are also classified under the law.

According to the U.S. Census Bureau 64.9% of the population own their homes, (the highest in the world) — that’s 208.3 million people. According to a report by the Pew Research Organization an average of 33.5% of households report having a firearm in the house. Using these numbers it would appear there are 70 million households with one or more firearms in the homes.

It is very difficult to obtain accurate figures when it comes to firearm ownership. People will answer many questions regarding politics and life style, but are very reluctant to talk about their gun ownership. They just want to keep that information private as they don’t know how it will be used. I know that I would not answer the questions whether I owned a firearm or not. It’s just not anyone’s business.

With that the number growing it’s a wonder there aren’t much more gun-related homicides. The answer is simple. The vast majority of legal gun owning people are responsible, law-abiding citizens.

This debate will go on forever as long as the gun control lobby refuses to see or use the facts pertaining to gun ownership and gun crimes. They will report on an emotional basis using the latest gun-related tragedy to support their agenda. Mike Pence has taken the correct track to train his National Guard in the use and carry of a concealed weapon. This training must be comprehensive and cover all aspects of concealed carry including the carrier’s responsibilities, the laws of that particular state, the possibility of civil liability (something there will always be), insurance, and accurate close-range shooting and the protection of innocent bystanders. This is not what the military does, they train to shoot a rifle accurately. Not even law enforcement does this much training.