“But Not For Statutory Rights”: Gun Nuts Ignore The First Amendment To “Protect” The Second
Protect the Second Amendment, screw the First!
Tens of thousands of people have signed a petition calling for British CNN host Piers Morgan to be deported from the United States over his gun control views. And sadly, I’m not surprised.
Morgan has taken an aggressive stand for tighter U.S. gun laws in the wake of the Newtown, Conn., school shooting. Last week, he called a gun advocate appearing on his Piers Morgan Tonight show an “unbelievably stupid man.” And that is Mr. Morgan’s opinion, which he is entitled to, whether you like his accent or not. Entitled to, you ask? Is he a citizen of this country?! Well, there are a few folks, namely our founding forefathers, and more currently constitutional legal experts, who were pretty clear with regard to whose speech is protected by the First Amendment. Noncitizens and permanent residents are also protected under the First Amendment–that is unless, like those of us who are citizens, we’re yelling fire in a crowded theatre.
But that doesn’t seem to faze the gun rights activists. They are fighting back, creating a petition on December 21 on the White House E-petition website. This was done by a user in Texas accusing Morgan of engaging in a “hostile attack against the U.S. Constitution” by targeting the Second Amendment. It demands he be deported immediately for “exploiting his position as a national network television host to stage attacks against the rights of American citizens.” The petition has already hit the 25,000 signature threshold to get a White House response.
Unfortunately for Tex and those who signed this petition, they shouldn’t hold their breath. Noncitizens, and especially permanent residents, have statutory rights to remain in the country unless they’ve done (or there’s sufficient reason to think they’ve done) certain bad things—at least until Congress revises the statutes to broaden the grounds for deportation. Even if the Executive Branch decides to deport someone, it has to have statutorily authorized grounds, and it has to provide hearings at which an immigration judge decides whether the conditions for deportation are met. The government may not criminally punish noncitizens—or presumably impose civil liability on them—based on speech that would be protected if said by a citizen. See Bridges v. Wixon (1945).
And how has Piers Morgan responded? Actually, he seemed unfazed, perhaps even amused by all of this. On Twitter he urged his followers to sign the petition, and in response to one article about the petition he said “bring it on” as he appeared to track the petition’s progress. “If I do get deported from America for wanting fewer gun murders, are there any other countries that will have me?” he wrote.
What bothers me about this is the blatant hypocrisy of those gun rights proponents. As a liberal, I push for stricter gun control measures; I always have, even before Columbine, Virginia Tech, Tuscon, Aurora, Portland, and Newtown, and I have been attacked by the right for wanting to take away their Second Amendment right to bear arms. I and other liberals have been clear we don’t want to take their rights away, we just want to protect other Americans, especially our children by restricting military-style weapons with high volume magazine clips. Yet when someone voices their opinion and it is completely contrary to what a gun proponent believes, they have no trouble tramping on their rights…namely the First Amendment.
Look, I’m no Piers Morgan fan. As a broadcaster, I get tired of radio programmers and networks hiring people with pretty British accents. I’m a fan of not only buying American, but “hiring American,” since I know so many people out there who are unemployed in the field of broadcasting and, quite frankly many of whom I feel are much more talented and qualified interviewers and broadcasters than Mr. Morgan. I don’t make the decisions as to who they put on the air at CNN, but I do have a choice what network or program I tune into. And I can assure you, Mr. Morgan’s show is not on my list of favorites programmed on my television.
If the gun enthusiasts really want to hurt Mr. Morgan for his opinions, they should realize it’s his ratings, not his residence address they should be attacking. Because if Mr. Morgan’s ratings plummet, CNN will hand him his walking papers and as Mitt Romney once proposed, Mr. Morgan will deport himself–perhaps back over the pond for a better cup of tea.
By: Leslie Marshall, U. S. News and World Report, December 26, 2012
“A Culture Of Violence”: The National Rifle Association Is The Problem
As a political consultant and Senate staffer, I have worked for a lot of office holders and candidates who were strong advocates of hunting and the Second Amendment.
For many years, I worked a lot in the West and in rural districts. I cut my share of ads with candidates out in the prairies or the mountains with their guns and dogs. I have also done ads for the Humane Society of the United States that excoriated practices such as bear-baiting, canned hunts, and trophy hunting, as well as ads on animal cruelty.
The defense of hunters was always used by the National Rifle Association as a cornerstone of their programs. They pushed gun safety and the proper care and use of guns; they conducted camps and taught people how to shoot.
But as their power and finances grew, a lot changed. More and more, we were urged to get guns to “protect ourselves” or to become a collector. Guns for guns’ sake. The technology got more and more sophisticated. Weapons could shoot more rapid-fire bullets and the bullets became more lethal. Cop killer bullets, some were called.
The NRA raised more and more money to attack politicians who argued for reasonable checks at gun shows or opposed carrying concealed weapons into schools or churches or community centers. You were either with them all the way or against them—no middle ground.
For the NRA, it became about expansion of gun sales and ammunition sales. Why were 300 million guns not enough? Why do we need assault rifles that can penetrate body armor? Why do we need to lift the restrictions on where guns can be carried?
Follow the money.
Last year, according to the Washington Post, gun sales topped $12 billion. The gun manufacturers collected nearly a billion in profit. There were nearly 6 million guns bought last year. Six million.
This is absurd.
This isn’t about hunting. This isn’t even about protection. This is about money.
The NRA answers to the gun manufacturers, the ammunition makers, but rarely to their members.
I don’t think we will see much at Friday’s NRA press conference: words about kids and families, some minor bromides thrown out. But they are the problem.
I have had it with groups like the NRA who must take a large share of the blame for the culture of violence that engulfs our country. More and better weapons are leading to larger and more devastating slaughters, more murders on our streets, more domestic arguments that turn deadly. Yes, guns kill people. More and more frequently we see their devastation. More and more we see lives and communities ruined. It is time to tell the money-men behind these weapons of mass destruction that enough is enough. It is time we became a civilized nation. It is time to take on the NRA and the gun manufacturers. And, maybe, just maybe, it is time for them to admit the truth and do something about it.
By: Peter Fenn, U. S. News and World Report, December 19, 2012
“Only For The Terrorists Among Us”: Assault Weapons Are Weapons Of Mass Destruction And Should Be Banned
The tragedy in Connecticut forces America to confront a simple question: Why should we allow easy access to a weapon of mass destruction just because it could conceivably be referred to as a “gun”?
I count myself among the many Americans who at various points in their lives have owned and used long guns — hunting rifles and shotguns — for hunting and target shooting. No one I know in politics seriously proposes that ordinary Americans be denied the right to own those kinds of weapons.
But guns used for hunting have nothing in common with assault weapons like the ones that were used last week in the mass murder of 20 first-graders — except the fact that they are referred to “guns.”
Rapid-fire assault weapons with large clips of ammunition have only one purpose: the mass slaughter of large numbers of human beings. They were designed for use by the military to achieve that mission in combat — and that mission alone.
No one argues that other combat weapons like rocket-propelled grenades (RPG’s) or Stinger Missiles should be widely available to anyone at a local gun shop. Why in the world should we allow pretty much anyone to have easy access to assault weapons?
Every politician in America will tell you they will move heaven and earth to prevent weapons of mass destruction from falling into the hands of terrorists. Yet we have allowed the ban on this particular weapon of mass destruction to expire. As a result, a terrorist named Adam Lanza was able to have easy access to the assault weapons he used to kill scores of children in minutes.
Let’s be clear, Adam Lanza was a terrorist just as surely as he would have been if we were motivated by an extreme jihadist ideology. It makes no difference to those children or to their grieving families whether their loved ones were killed by someone who was mentally deranged or by someone who believed that by killing children he was helping to destroying the great Satan.
When an individual is willing — or perhaps eager — to die making a big “statement” by killing many of his fellow human beings, it doesn’t matter what their motivation is. It does matter whether they have easy access to the weapons that make mass murder possible.
And after last week, can anyone seriously question whether assault weapons are in fact weapons of mass destruction? If Lanza had conventional guns — or like a man in China who recently went berserk, he only had knives — he would not have been physically capable of killing so many people in a few short minutes.
Of course you hear people say — oh, a car or an airliner can be turned into a weapon of mass destruction — many things can become weapons of mass destruction. And there is no question after 9/11 that we know that this is true. But cars and airliners have to be converted from their primary use in order to become instruments of mass death. It takes an elaborate plot and many actors to take over an airliner and it isn’t easy to methodically kill 27 people with a car.
More important, assault weapons have no redeeming social value or alternative use whatsoever. The only reason to purchase an assault weapon, instead of a long gun used for target practice or hunting, is to kill and maim large numbers of human beings.
And it is not the case that if assault weapons were banned ordinary people would get them anyway. We certainly don’t take that attitude with nuclear weapons or dirty bombs. We make it very hard for a terrorist to get nuclear weapons or dirty bomb. It used to be hard to get assault weapons.
When the former President of Mexico visited the United States some time ago to discuss the drug-fueled violence on the Mexican border, he pointed out that the end of the assault weapons ban in the U.S. had resulted in an explosion of smuggling of assault weapons from the United States to Mexico. Weapons that were previously unavailable in large numbers, became plentiful. He begged the United States to re-impose the assault weapons ban.
Allowing easy access to assault weapons guarantees that terrorists, criminals and mentally unstable people will use them to commit future acts of mass murder — it’s that simple. There are seven billion people on the planet. Try as we may, we are not going to prevent some of those seven billion people from becoming terrorists, criminals or mentally unstable. Why make it easy for them to do harm to their fellow human beings by giving them easy access to a weapon of mass destruction?
Since this tragedy, there have been calls for greater restrictions and background checks on those who can buy guns — and there should be. But from all accounts, the weapons used in the Connecticut murders were purchased legally by the shooter’s mother — who herself appeared to be perfectly sane right up to the moment that Lanza used those same weapons to end her life.
The NRA will no doubt repeat its mantra about the “slippery slope.” “If we ban assault weapons, shotguns will be next,” they say. Really? By banning anyone from buying Stinger Missiles that are used to shoot down airplanes do we make it more likely that the government will one day prevent people from hunting ducks?
The simple fact is that no right is absolute because rights come into conflict with each other. Your free speech does not give you the right to cry “fire” in a crowded theater.
Is the NRA’s concern that banning assault weapons will put us on a “slippery slope” more important than the lives of those 20 first graders? Should it really take precedence over the fact that today in Newtown, Connecticut there are 20 families with holiday presents on a closet shelf, that were purchased for an excited six-year-old who will never open them?
Are the NRA’s fears more important than the terror faced by children in the Sandy Hook Elementary school last week?
Does the right to own an assault weapon take precedence over the right of those parents to see their children grow up, and graduate from college, and stand at the alter to be married, and have children of their own?
The bottom line is that there is no reason why weapons of mass destruction of any sort – chemical weapons, biological weapons, RPG’s, improvised explosive devices (IED’s), missiles, dirty bombs, nuclear devices, or assault weapons — should be easily accessible. For 10 years there was a ban on the production, ownership and use of assault weapons in the United States until Congress and the Bush Administration allowed it to lapse when it sunset and came up for reauthorization in 2004.
A serious response to the tragedy in Connecticut requires that Congress act to reinstate the assault weapons ban before the children of other families fall victim to the fantasies of some other mentally unbalanced individual — or the ideology of a terrorist who has been empowered by our failure to act.
By: Robert Creamer, The Huffington Post Blog, December 17, 2012
“The Weaponization Of Our Culture”: Ten Arguments Gun Advocates Make And Why They’re Wrong
There has been yet another mass shooting, something that now seems to occur on a monthly basis. Every time another tragedy like this occurs, gun advocates make the same arguments about why we can’t possibly do anything to restrict the weaponization of our culture. Here’s a guide to what they’ll be saying in the coming days:
1. Now isn’t the time to talk about guns.
We’re going to hear this over and over, and not just from gun advocates; Jay Carney said it to White House reporters today. But if we’re not going to talk about it now, when are we going to talk about it? After Sandy hit the East Coast, no one said, “Now isn’t the time to talk about disaster preparedness; best leave that until it doesn’t seem so urgent.” When there’s a terrorist attack, no one says, “Now isn’t the time to talk about terrorism.” Nowl is exactly the time.
2. Guns don’t kill people, people kill people.
Maybe, but people with guns kill many, many more people than they would if they didn’t have guns, and guns designed to kill as many people as possible. We don’t know if the murderer in Newtown was suffering from a suicidal depression, but many mass shooters in the past were. And guess what? People suffer from suicidal depression everywhere in the world. People get angry and upset everywhere in the world. But there aren’t mass shootings every few weeks in England or Costa Rica or Japan, and the reason is that people in those places who have these impulses don’t have an easy way to access lethal weapons and unlimited ammunition. But if you want to kill large numbers of people and you happen to be an American, you’ll find it easy to do.
3. If only everybody around was armed, an ordinary civilian could take out a mass killer before he got too far.
If that were true, then how come it never happens? The truth is that in a chaotic situation, even highly trained police officers often kill bystanders. The idea that some accountant who spent a few hours at the range would suddenly turn into Jason Bourne and take out the killer without doing more harm than good has no basis in reality.
4. We don’t need more laws, we just need to enforce the laws we have.
The people who say this are the same ones who fight to make sure that existing laws are as weak and ineffectual as possible. Our current gun laws are riddled with loopholes and allow people to amass enormous arsenals of military-style weapons with virtually no restrictions.
5. Criminals will always find a way to get guns no matter what measures we take, so what’s the point?
The question isn’t whether we could snap our fingers and make every gun disappear. It’s whether we can make it harder for criminals to get guns, and harder for an unbalanced person with murderous intent to kill so many people. The goal is to reduce violence as much as possible. There’s no other problem for which we’d say if we can’t solve it completely and forever we shouldn’t even try.
6. The Constitution says I have a right to own guns.
Yes it does, but for some reason gun advocates think that the right to bear arms is the only constitutional right that is virtually without limit. You have the right to practice your religion, but not if your religion involves human sacrifice. You have the right to free speech, but you can still be prosecuted for incitement or conspiracy, and you can be sued for libel. Every right is subject to limitation when it begins to threaten others, and the Supreme Court has affirmed that even though there is an individual right to gun ownership, the government can put reasonable restrictions on that right.
And we all know that if this shooter turns out to have a Muslim name, plenty of Americans, including plenty of gun owners, will be more than happy to give up all kinds of rights in the name of fighting terrorism. Have the government read my email? Have my cell phone company turn over my call records? Check which books I’m taking out of the library? Make me take my shoes off before getting on a plane, just because some idiot tried to blow up his sneakers? Sure, do what you’ve got to do. But don’t make it harder to buy thousands of rounds of ammunition, because if we couldn’t do that we’d no longer be free.
7. Widespread gun ownership is a guarantee against tyranny.
If that had anything to do with contemporary life, then mature democracies would be constantly overthrown by despots. But they aren’t. We shouldn’t write laws based on the fantasies of conspiracy theorists.
8. Guns are a part of American culture.
Indeed they are, but so are a lot of things, and that tells us nothing about whether they’re good or bad and how we want to treat them going forward. Slavery was a part of American culture for a couple of hundred years, but eventually we decided it had to go.
9. The American people don’t want more gun control.
The truth is that when public opinion polls have asked Americans about specific measures, the public is in favor of a much more restrictive gun regime than we have now. Significant majorities would like to see the assault weapons ban reinstated, mandatory licensing and training for all gun owners, significant waiting periods for purchases, and host of other restrictions (there are more details here). In many cases, gun owners themselves support more restrictions than we currently have.
10. Having movie theaters and schools full of kids periodically shot up is just a price we should be willing to pay if it means I get to play with guns and pretend I’m Wyatt Earp.
OK, that’s actually an argument gun advocates don’t make. But it’s the truth that lies beneath all their other arguments. All that we suffer because of the proliferation of guns—these horrifying tragedies, the 30,000 Americans who are killed every year with guns—for gun advocates, it’s unfortunate, but it’s a price they’re willing to pay. If only they’d have the guts to say it.
By: Paul Waldman, Contributing Editor, The American Prospect, December 13, 2012
“The Gun Frenzy”: Nothing Warms The Heart For The Holidays Like Cold Steel
President Obama’s election and recent re-election have apparently fueled a gun-buying craze in this country unlike anything we’ve seen in modern times.
USA Today reported this week:
“For the second consecutive year, prospective gun buyers joined Black Friday shoppers in record numbers as firearms dealers swamped the F.B.I. with required buyer background check requests. The F.B.I. fielded 154,873 calls, a roughly 20 percent increase from last year’s previous one-day record of 129,166, according to bureau records. The requests came in such volume throughout the day that F.B.I. call centers experienced two brief outages — one of 18 minutes and one for 14 minutes — during the busy day, bureau spokesman Stephen Fischer said Monday.”
As the report made clear:
“The F.B.I. does not track actual gun sales. But the number of firearms sold Friday is likely higher because multiple firearms can be included in one transaction by a single buyer.”
According to the F.B.I.’s data, the number of requests for background checks normally peaks toward the end of the year. Nothing warms the heart for the holidays like cold steel.
The F.B.I. has conducted nearly 156 million background checks for gun purchases from November 1998 to October 2012 (the last month for which they have published data) and a full 40 percent of those checks occurred in just the four years since President Obama was first elected.
This week the popular conservative Web site World Net Daily quoted the National Rifle Association spokeswoman Jacqueline Otto as saying that the N.R.A. is not surprised by the surging gun sales because gun owners “are very informed voters and they have known that President Obama has opposed our Second Amendment rights his entire political career.”
Then they quoted her as follows:
“Gun sales are undoubtedly going up because gun owners know that at best President Obama wants to make guns and ammunition more expensive through increased taxes and regulation, and at worst he wants to make them totally illegal.”
That’s the N.R.A. line. Here is the reality. The president has done almost nothing in his first term to restrict gun ownership. As The Washington Post’s blog The Fix reported in July:
“The president signed bills allowing guns in national parks and on Amtrak. He has not pushed for the reinstatement of the assault weapons ban — and Attorney General Eric Holder was reportedly chastised for suggesting he would. Nor has he moved towards closing the gun-show loophole.”
That loophole allows guns to be bought from private dealers at gun shows without a background check.
During the second presidential debate with Mitt Romney, however, Obama said:
“But I also share your belief that weapons that were designed for soldiers in war theaters don’t belong on our streets. And so what I’m trying to do is to get a broader conversation about how do we reduce the violence generally. Part of it is seeing if we can get an assault weapons ban reintroduced, but part of it is also looking at other sources of the violence, because frankly, in my hometown of Chicago, there’s an awful lot of violence, and they’re not using AK-47s, they’re using cheap handguns.”
That’s sounds mild and logical to me, but the N.R.A. took it as a shot across the bow. They started running ads in swing states that said, “Defend freedom, defeat Obama.”
In fact, it should be noted that, according to the Center for Responsive Politics, gun lobbyists contributed more than $3 million in the 2012 election cycle, and 96 percent of those contributions went to Republicans. That was the highest percentage going to Republicans since the center began providing comparable data.
The World Net Daily article also pointed out that “gun owners also are worried because just hours after Obama’s re-election, the U.S. signaled its support for a U.N. committee’s call to renew debate over a draft international treaty to regulate the $70 billion global conventional arms trade.”
But as Reuters pointed out this month: “U.S. officials have acknowledged privately that the treaty under discussion would have no effect on domestic gun sales and ownership because it would apply only to exports.”
And it’s not like we need more guns, anyway. The United States has more guns per capita than any country on the planet.
All the while, stocks of gun makers are going through the roof. Smith & Wesson’s stock is up 280 percent since last year. Sturm, Ruger and Company’s stock is up 96 percent from last year.
Welcome to the Great American Arming.
By: Charles M. Blow, Op-Ed Columnist, The New York Times, November 29, 2012
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