E-mail From the Desk of Neal Lang Hi, David, Thank you for so generously allowing me more of your valuable time. >Jeez, I can't let this one go by... I thought so. "Don't you just love it when a plan comes together?" >First- I dropped that guy what-his-name from distribution because he wanted off. "A mind is a terrible thing to lose!" >Plenty of stuff on 14A by Kopel and Halbrook pointing out how 2A was integral to it, and how the incorporation doctrine flies in the face of its framers. We can speak theoretically of how it may not have been properly ratified, but it is legally recognized in the here and now, and until it is overturned or repealed, it is something the AG, as you point out, is compelled to uphold. "(B)ut it is legally recognized in the here and now" - As is "compelling state interest". I get the impression, David, that you like to "pick and choose" your principles of established law. I am afraid while you can General Ashcroft can't. >I have never claimed to be a big Marbury fan- I merely cited one important quotation from it that had relevance to the topic. That quotation could have come from Dred Scott as far as I'm concerned and it would still be true, even though the decision of that case was repellant. The problem with using Supreme Court decisions to make your points, David, is that when you cite one you really need to be prepared to defend it. Chief Justice Taney's decision in Dred Scott, for example, would not have been possible but for the political compromise that was the U.S. Constitution. (See Dave Kopel's "Dread the Dred Scott Reference" at: http://www.nationalreview.com/kopel/kopel121400.shtml <http://www.nationalreview.com/kopel/kopel121400.shtml> - for more information on citing the Supremes.) Once you have established an anti-Natural Right premise that man can be chattel, then any Court decision is possible and likely, IMMHO. >Nowhere have I ever maintained that a felon should be able to use a gun in a crime and not get punished big time. This is a misinterpretation of my arguments, as my concern was for people like you and I getting caught up in the enforcement of existing gun laws, which are and remain, as I pointed out earlier, EXISTING CIVILIAN DISARMAMENT laws. I didn't say PE WAS taking honest citizens off the street, I said that once you open the door to these kinds of laws, enforcement can reflect the policies of the administration in power, and that once you tolerate usurpations of power, important checks against abuse have been ceded. Never did I accuse you of such nonsense. I merely observed how you seemed to have no problem with "heat packing" felons. Obviously I see now that you would prefer that they must leave them home when they go to work. Possibly I mistook your passionate attack against using the existing the Federal Criminal Code's prohibiting felons from possessing firearms to mean more to you than it does. Of course this begs the question, "Can the government (Federal or State) prohibit felons from possessing firearms at all?" Exactly where do you stand, David, on the issue and why? If you agree that the State can and should, why not use such existing laws to separate these felons, who infringe on our rights, IMMHO, from society? If not, than it logically follows that you favor the right of felons to "keep and bear arms", doesn't it? If there is a third (or more possibilities), please enlighten me. Oh, sorry, you did say you wouldn't be back, didn't you? I suppose this burning question will hang there unanswered for eternity. >Yes, we must have strong laws to punish violent criminals; I merely suggest that we can do this without violating the Constitution. For starters, we can all; be safer against predators if we repeal, instead of enforce, unconstitutional gun control laws, as all they do is make it safer for the criminals to operate- isn't that superior to eroding our mutual (and as you pointed out) inalienable rights? I agree. Strong punishment for irresponsible members of society after Constitutionally acceptable "due process". Repeal all those DUMB "gun control laws" that infringe on the right of "responsible" people "to keep and bear arms". Now, that agreed, exactly where do we differ from the "gospel according to Moses"? >Personally, I think your wife OUGHT to be able to have a firearm on school grounds, and concealed on her person, While my wife at one time taught(?) infants in a Day Care School, its my daughter-in-law, who teaches in a inter-city public school, that I am most concerned about in regards to the so-called "Safe Schools Act". This Christmas I got her petite Berretta small caliber pistol for self-defence. I advised her to carry it (if possible) and worry later about "being judged by 12, instead of being carried by six". Interestingly, the Federal "Safe School Act" was properly disposed of by the Supremes (over-reaching commerce clause application instead of 2nd Amendment, but it works for me). The Florida statute cover the same issue is still in affect. However, juries and judges in Palm Beach County (believe or not), where both my daughter-in-law and I live have had enough good sense to "jury nullify" this State law in cases involving obvious self-defence situations. >and that it should be able to hold more than 10 rounds and be semiautomatic, and even be newly purchased even though it is on a federal "ban" list. Absolutely! I feel "Full Auto" (a.k.a. real "Assault Rifles" and "Trench Brooms") and "crew served" weapons are not "unreasonable", as well. After all, just how are we propose to effectively operate under a Congressionally granted "Letters of Marque and Reprisal" (U.S. Constitution - Article I Section 9 Paragraph 3) if our privately owned vessel don't "sport" privately owned "crew served" weapons? (See: http://hartungpress.com/news/columns/baldwin/letters_of_marque_clause.htm <http://hartungpress.com/news/columns/baldwin/letters_of_marque_clause.htm> - for the 2nd Amendment implications.) >I think she ought to be able to have a gun even if she got in a fight and was convicted of misdemeanor assault. Here we might find some disagreement, as I am not so sure that certain irresponsible conduct might not limit the exercise of rights in specific cases. You seem to be ready to disconnect responsible behavior from the "right to be armed". I am not ready to go so far. I believe that a "blanket recognition" that the rkba can be suspended for persons that demonstrate irrational or irresponsible behavior is possible. This could possibly reach the level of "compelling state interest", IMMHO. Would I be upset if such laws, especially any Federal laws, should be over-turned or legislatively repeal? Most likely not. However, I believe all "Civil Rights" require a moral people to exercise them responsibly. >These are existing gun laws, and if she violates them, they can carry federal penalties. I don't want to infringe on her right to keep and bear arms, nor allow the feds to have that power, especially when the proscription against them doing this could not be more clear. Well the School thing is pretty much a State concern now. That said, I too believe in an "unalienable right to keep and bear arms" as long as it is done responsibly by responsible people. James Madison would agree with me on this, David, I think. >Can you guarantee that Project Exile can NEVER be abused to do this? I note with sadness you ignored my challenge to show evidence of government abuse in existing "Project Exile" efforts. Instead you have elected to challenge me to "prove a negative". Which, of course, is quite impossible, as I am sure you are aware. While I understand that "the price of liberty is eternal vigilance" and that the Russians (Chinese?) might in fact be coming, I do not plan on leaving work today and going home to load-up my "trusty .06" and head for the beach with my entrenching tool. Truthfully, David, I think your animosity towards "Project Exile" appears to bordering on real paranoia. You being an "inmate" of California I can possibly understand why. Can governments abuse their power, sure, it happens all the time. However, carrying this logic to YOUR CONCLUSION I guess we need to disband our armed forces because they may be (have been) "used to abuse" by our evil government. I believe a corollary (possibly posed by Sarah Brady) to your above challenge, David, might be - "If the government lets the People keep and bear arms, can you guarantee the People will NEVER abuse this right?" >If so, I will surrender on this point and shut up. I know that NRA INTENDS that PE will only affect "those people", but you have failed to demonstrate how NRA will have any say in the matter should political power shift dramatically to the Democrats. Well I truly appreciate your concession. As for the NRA having a say should the power shift, I think your efforts to undermine the NRA may be your self fulfilling prophesy (fantasy?). Keep trying to weaken the NRA and you may one day be able to say - "See, Neal, I told you so, those Socialist are in power and all our rights are history." Personally, while they may have some warts, I believe that the NRA is best and "Most Effective and Influential" game in town when it comes to protecting my "right to keep and bear arms." >And I totally reject your assertion that "my" fight (where the heck did you get THAT impression?) against Project Exile is either hopeless or useless, especially judging from the gun rights leaders who have signed the denouncement statement on keepandbeararms.com. https://www.keepandbeararms.com/information/XcIBViewItem.asp?ID=720 <https://www.keepandbeararms.com/information/XcIBViewItem.asp?ID=720> They represent some of the finest intellects and activists in the rkba community, and you cannot ignore them or their concerns if you hope to be either effective and innovative. Why on earth would you want to? I get the impression, David, of the "circled firing squad", actually. Even the founders where sometimes wrong, my friend. I submit as proof the Constitutional's enshrining of the institution of "slavery". I don't ignore you or them, David, and I do respect all your opinions. I just believe you (and they) have been blinded by a paranoia that might be justified, however, I see no proof of the any alleged abuses forthcoming. Can "Project Exile" be useful in our on-going struggle to "secure these rights"? Yes, I truly think so. As a matter of fact - rather than continue our dialog where I ask you questions you wont answer, and you ask me questions that no one can answer, possibly an essay extolling the virtues of "Project Exile" is in order. >Here's the problem, Neal- there ain't no light at the end of this tunnel. There will be more back-and-forth and more debating, and more time composing answers and rebuttals and counter-arguments and "gotcha's", but I don't see either one of us budging from our original stance. I suppose I could continue spending time each day on this doing point-counterpoint with you, but I don't see where it's gonna get us. It takes time away from too many other things that I have already prioritized. So I hope you understand that I need to back off of this- I think I was pretty up front about that from the start. I don't think anyone can accuse me of ducking anything, but I'd appreciate it if we could just agree to disagree on this and call a truce. Ah! David, I empathize with your problem - "So much ignorance and so little time." I guess you're right - honest and open debate never settled anything. Just look how badly those dastardly "Federalist Papers" mucked things up for us. I think the problem might just be our separate perceptions of the "glass". I see it as "half-full". While you, my friend, see it as "half-empty" (or maybe "completely empty"?). I suppose this defines the perspective of the "Classical Liberal" versus the "Libertarian". Oh Well! Such is life. I just hope you feel, as do I, that despite our disagreement, we remain friends dedicated to my grandkids' freedom. >Feel free to have the last word on this, but I just GOTTA drop this for now. "Feel free" - as in: "By your leave?" I was going to anyway, but then I guess I am "stiff-necked and ornery" as well. :-) >p.s.- not "Dave"- call it a snotty affectation on my part, but I just never cared for it...:-) Sorry, I had no idea. You should have mentioned it sooner. No offense intended. "Snotty affectation" - COOL! >p.s.s.- the following from Merrill Gibson addresses "compelling state interest"- it is on topic, and this you'll like, Neal, it defends Ashcroft's position. Merrill makes some good points- Thanks, it is indeed excellent. Not Ashcroft's position, David - the CORRECT position. >I ain't totally on board with it, but that's probably just because I'm so stiff-necked and ornery. Ah! But that is exactly why you are so loveable, IMMHO, David. Keep the Faith, Neal <<...>> Neal J. Lang (Signed) E-mail: movwater@bellsouth.net <mailto:movwater@bellsouth.net>