Opinion by James Kaleda
EDITORS NOTE: this article should in no way be construed to be supporting Antifa.
USA – -(AmmoLand.com)- Every American, especially gun owning patriotic Americans should oppose ‘H.R.6054 – Unmasking Antifa Act of 2018’. HR 6054 is the proposed law that would penalize Antifa for wearing masks …I mean for committing crimes while wearing a mask, but really just for wearing masks.
Now I’ve seen a lot of gun owners come out in support of this law and I just wanted to offer a thousand words of caution.
I think a lot of people see a proposed law like this and say, “Yep, anything we can do to stop these Antifa guys. That’s, good. We got to do it. It’s a good idea. Fifteen years in prison for wearing a mask. Sounds like a great idea.”
There’s a couple of points I’d like to throw out there before we all jump on the give the government more power bandwagon.
The Sons of Liberty
The first is I want to remind everyone that this country was started by patriots wearing masks and throwing tea into the harbor. While the ideology, of the “Sons of Liberty” was entirely different from Antifa, we need to provide Antifa the same protections we would give the Sons of Liberty if they were to stand trial today. Why? Because this law isn’t about whether or not Antifa ideology is good or bad it’s about whether or not we want the government to have the power to judge ideology.
The Least Favorite Politician Test
When you give the government power, it’s not just power to use against your enemies; it’s also a power to use against you. And one of the ways I like to illustrate this is what I call the “Your least favorite politician test.” The way to use this test is as follows: While considering a proposed law, a law that seems like a good idea, replace the name of the politician proposing it with the name of your least favorite politician. Now it might be a temptation for some people to jump to Hitler or Stalin, but we don’t even have to take it that far. Just imagine if Barack Obama was proposing a law that penalized people with 15 years in jail for wearing a mask. Or cory booker or Dianne Feinstein. Once you make that switch, all of a sudden the law takes on a different tone. What I would like you to remember is that if you give this power to the government today, it will be retained by whoever is in power during the next Democratic Presidency. And not just by them, but by every judge they appoint,or that has ever been selected by any left-leaning anti-gun, anti-patriot, politician.
So let us all keep this transfer of power in mind when we hear about any proposed law. Do you want future politicians to have more power over you? In this case of HR6054 the power to put you in jail for 15 years for wearing a mask?
What is a crime? What is a mask?
We’ve considered whether or not we want to give politicians more power over us, now let’s examine exactly what power is being discussed. The text of the bill says committing certain crimes while wearing a mask will be punishable by 15 years in prison. Even if we like the idea, there are at least two challenges with it. The first is how do we define the crime. The second is how do we define a mask?
We have over 50,000 pages of federal laws and regulations on the books. You could start reading now, at whatever age you currently are, and you would not live long enough to read them all. And that doesn’t even include what new laws what might be passed in the future.
The other problem we have is what is meant by “mask”? I mean, we all know a mask, right? It’s one of those “we know it if we see it” things, but how will the courts define a mask? Will a scarf and sunglasses be enough to be considered a mask? Just a scarf? A hoodie and sunglasses? Often these laws sound good because we are always thinking about how it can be used to stop an imaginary bad guy, this evil someone.
We also have to consider how these laws could be used against us.
I see many gun owning patriots fall into this trap of saying, “well, it doesn’t matter because I’m not a bad guy. I’m not a criminal. I don’t break the law.” There are two issues with this outlook. The first is yes you do break the law.It has been written that it is impossible for an adult American to get through the day without breaking at least three federal laws. [or just by living in say… NJ] For many it is impossible to get through your day without committing at least three felonies, and that might sound like hyperbole, but please remember those 50,000 pages of laws. Have you read all 50,000 pages? Of course not, and since you haven’t read them all, you can’t be sure you aren’t doing something illegal right now.
The second issue is that you don’t have to commit a crime to be accused of a crime. Now let’s consider how the legal system works. The fact that you know you’re innocent, the fact that you know you’re not a criminal, doesn’t matter when you are fed into the legal system. We all remember, that not so funny Sol Wachtler quote about indicting a ham sandwich, right? So when you get put into the legal system, you suffer the punishment of a trial. You bear the burden of having to provide for your legal defense whether or not you’ve committed a crime. This is even more important because when considering laws such as these because you may find yourself defending against two charges instead of one. So it’s important always to ask do I want to give this power to the government knowing it may be used against me?
Do I want to let all the future Presidents that I disagree with have the power of putting me in jail for 15 years for something as innocent as wearing a mask?
And you know, that brings me to another point. What’s wrong with wearing a mask?! Wearing a mask is at times a good choice. I’ve seen a lot of people claim that people who wear masks to a protest are cowards. But wearing a mask does not indicate cowardice, I mean, no one seems to think that when the S.W.A.T team wear masks. There’s a lot of words in the English language we can use, more appropriate words to show our disapproval of someone actions. Cowardice is when fear prevents you from taking action. So if someone’s coming to a protest that’s not cowardice. The fact is fear did not stop them from going to the protests. Nor did not stop them from doing whatever it is they intended to do. So the idea that wearing a mask makes somebody a coward is not accurate.
If you know that going to a protest is likely to cause you to lose your job, then wearing a mask isn’t cowardly. It’s wise. I’ve learned of a lot of patriotic people who lost their jobs for going to pro-free speech rallies. Had they been wearing masks, maybe they would still have their jobs.
Gas masks, which would likely be banned by this law, have a tactical purpose especially since Antifa and others have used tear gas and bear spray at some of these events. So here you are at this event, and you know right now the administration is favorable to you, and so you would not have to worry about wearing a gas mask to a protest, but then the next; anti-American president comes along. If this bill passes, you would have to worry. And now you’re at a tactical disadvantage. Just like New Jersey puts you in a tactical disadvantage by disarming you and limiting the amount of ammunition you can have in your firearm for self-defense. Now you’re going to be restricted even further. You’re not even going to be able to defend yourself with a gas mask against chemical weapon attacks.
It is very dangerous to give power to the government. Anytime we provide more power to the government, we need to be very, very cautious. We should almost always say no. We should lead with no. Now in fairness, I’m an anarcho-capitalist. I believe the only way we’ll have a free society is with a stateless society. Therefore I think we should always say no. Certainly, when we are talking about taking away a decade and a half of someone’s life for something that should be protected under the first amendment, we should say no.
About James Kaleda
James Kaleda is the host of the Out of Order Gun rights podcast, outspoken gun rights activist and Anarcho-capitalist. He’s known for challenging anti-gun politicians and his in depth interviews with pro-gun authors, gun rights activists, firearms trainers, hunters, and those who have used firearms defensively. He aims to dispel anti-gun myths created through media bias. You can find him at www.outoforderjameskaleda.com Facebook, twitter, minds, mewee. The podcast is available on itunes and pretty much everywhere else. James has also created the following useful sites for gun owners.
- Gifts for gun nuts – where you get great gift ideas for the hunting and shooting enthusiast in your life
- Nag your Rep – get your free guide on using social media marketing tools to automatically and systematically remind your reps about gun control.
- Sell More Firearms – where you will find a free guide for FFLs on using social media to increase sales
This is a states rights aregument. Particularly since many states already outlaw the wearing of masks during demonstrations and protests. Most of these laws stem from countering KKK type organizations that were attacking peaceful protesters during the fifties.
Its already a state crime in most states to wear a mask other thN Halloween. Federal crime? I agree with you!
It is already illegal for many adults to wear a mask in public in many places. With the exception of cold weather masks (IN COLD WEATHER, I know of very few times where it is allowed in public.) That being said; I disagree completely about cowardice as defined by the author. The masked gunman who knocks over a gas station is a coward. He doesn’t want to get caught. The white riders who terrorized freed slaves after the Civil War were cowards. The rioters today who are wearing masks are cowards, The author states “We’ve considered whether or not we… Read more »
Sir, you wrote (…Wearing a mask is already illegal and if you try to come into my house wearing a mask…) This means (imho) you agree with the author on the body of his opinion. Regardless of weather or not you agree, you stated it’s already illegal so why are we contemplating this law now? Weather we think this (wearing a mask) is cowardly (it seems this word is a trigger) or not is irrelevant to the proposed law. As the author stated, this law could to easily be used against anyone, such as, grandma gets pulled over careless driving… Read more »
So, yes, we should give the government that power? All of those things you listed are already illegal. Yet people still do them. Penalizing people for wearing a mask is a stupid move. Anything that gives the government more power over the individual is stupid and misguided.
This is essentially the same argument the left makes about guns. When listing those crimes, replace ‘while wearing a mask’ with ‘while in possession of a firearm’.
Just a perhaps not so minor point about (p)antifa wearing masks: They only have so many truly hard core gang banger members ready to go out and do damage on command. If they didn’t wear masks it wouldn’t be long before people started noticing the same core number of faces showing up all over the country, again and again and again. Movies and TV shows will often have their “bad guy” and “enemy” actors masked so they can keep using them over and over. Slightly differently dressed or made up differently in different scenes, and getting “killed” in countless different… Read more »
“I mean for committing crimes while wearing a mask, but really just for wearing masks.” you immediately disqualify the entire column by making this Statement in the first paragraph. No it’s not really for just wearing a mask.
ok retard
The progressive way is to get the government to do something for them. When it comes to making laws we know from experience that it can, and usually does, get carried out of proportion and becomes unmanageable. The government can’t run a business for the same reason. The less involvement they have in our lives, the better off we are.
My biggest issue with THIS proposed law is… FedGov have NO grounds for enacting such laws. Not within their bailiwick. This is a state/local issue, NOT FedGov.
The law in Oklahoma: https://law.justia.com/codes/oklahoma/2014/title-21/section-21-1301/ It shall be unlawful for any person in this state to wear a mask, hood or covering, which conceals the identity of the wearer during the commission of a crime or for the purpose of coercion, intimidation or harassment; provided, the provisions of Section 1301 et seq. of this title shall not apply to the pranks of children on Halloween, to those going to, or from, or participating in masquerade parties, to those participating in any public parade or exhibition of an educational, religious or historical character, to those participating in any meeting of any… Read more »
Make wearing a mask during the commission of a crime a felony add on, like using a gun during the commission of a crime. Problem solved.
The problem here is not the mast but those wearing the mask but hiding behind a mask while doing their evil. They should be stopped. The problem is the liberal Mayors not letting police do its job. They are terrorist, plain and simple and something should be done and needs to be done. Mark my words, the first time a good guy with a gun is attacked and has to defend themself or someone else, they will be arrested and charged. Antifa is a gang of terrorising thugs and
must be stopped before they grow out of control.
Mark my words, the first time a good guy with a gun is attacked and has to defend themself or someone else, they will be arrested and charged. Too late.. already happened. In, you guessed it, Portland Oregon. The man was in fear for his life, I’ve seen the videos, most of which were barred from his trial as evidence, and clearly showed he was hard pressed by a violent gang with weapons (not firerams, “just” baseball bats, rocks, etc.) . He was convicted, and is on appeal. Portland has gotten to be a lot like Berserkely back in the… Read more »
Tionico, you have the pulse of Portland. Are you in the region, state, etc? I grew up, educated and worked in and around Portland, watched it morph into this bastion of anarchists and sympathetic politicians. Still in Oregon, near the second biggest bastion of anarchy, Eugene. The Left has torn Oregon in half the past two decades.
Spot on. Remember….the only power government has over you is the power you give them. Be very careful in what you give.
Don’t condemn the mask, CONDEMN the thug behind it .
Many states, if not all, ban adults from wearing masks in public. There are exceptions, such skiers when skiing, but what these rioters are doing, with or without a mask is still illegal. It’s not the mask, it’s the act, just like firearm laws, it’s not the firearm, but the act committed with it.
Muslim women can wear “masks.” In cold weather, we wear “masks.” Hunters can wear “masks.” We need to be sure that when there is no other crime, the law won’t apply.
Absolutely agree and a fantastic way of testing any proposed legislation. Maybe it’s just me but, why would I care about the identity of an attacker? Maybe after the threat is put down? If I’m dead it won’t make a difference. If I prevail it makes no difference to me either. The mask just makes the deed, for me if necessary, less personal. Now, I know you might say,”well, of course it makes a difference to your family or law enforcement. Mask wearers are cowards! In my book that makes them insignificant crowd followers. I say just give them the… Read more »
Let them keep wearing their little ninja suits -ieasier to spot from say two or 300 yards away-Just saying -don’t want to step on their constitutional rights -being communist and all-commies consider them selves a protected groupOf lunatic fringer’s protected by the Democratic Islamic congressional political front/ so be it -They are number two as a terrorist group located directly behind number one “””United Nations””””
Docduracout: But rioting is illegal in itself. It involves destruction of property (whether public or private), disturbing the peace, denying people use of public spaces, etc. There is no need to make it any more illegal by tacking another act to it (such as wearing a mask). It’s the same as gun free zones — they only penalize the law abiding citizen who desires to defend himself/herself by prohibiting them from defending themselves. If someone has the intent to murder a bunch of folks in a movie theater, the act of murder is already illegal. The law prohibiting firearms in… Read more »
I applied the “least favorite politician” theory to the Patriot Act when it was introduced and I did not at all like what I saw.
if they are wearing masks they must be criminals..
To the Docduracoat commenter, duh… you would disagree and prove the very point this article strives to make. The 4th Amendment protects privacy, so if someone has the proclivity to disguise their identity, what business is it of yours!?
These are good points worthy of consideration. At some point a progressive democrap will be in office, and we may find ourselves on the opposite side of the cyclical ebb & flow..
Not at the cost of safety, or freedoms of other Americans…
I have to say I disagree with every single word in this article.
Peaceful protest is part of being American.
Masked rioting is not.
Masked hooligans “protesting” and attacking people on the street should be jailed.
No matter which party they belong to.
I condemn the wearing of masks to hide your identity.
You disagree with every word? so you’re saying you don’t think we should honor the sons of liberty? The point I was trying to make which I either failed to explain or you missed Is that deciding whether something was a peaceful protest or riot won’t be up to you. Deciding whether or not you were wearing a mask also will be up to you These decisions will be made by agents of the government. You may go without a mask to a peaceful protest and find yourself under arrest for wearing a mask while inciting a riot. You may… Read more »
I mostly agree with you, but I wonder if you are still opposed to these laws when they are used against the KKK?
But I do think there should be a prohibition on government employees concealing their true identity at any time.
No more SWAT masks or undercover. A liar is a liar is a liar no matter if they do have a badge. Government employees should not be lying about who they are.
I agree with your statement and I am a retired Federal LEO.