U.S.A. – -(Ammoland.com)- “When the Supreme Court first declared an individual right to gun ownership more than a decade ago, the court’s conservative majority relied on founding-era legal history to invalidate a D.C. law banning firearm possession in the home,” legal affairs “reporter,” Ann E. Marimow writes, relying on ubiquitous talking points and reader ignorance to perpetuate a lie. “Justice Antonin Scalia’s 2008 decision in District of Columbia v. Heller drew fire from some conservatives who said the court was creating an individual right to gun ownership that it was not clear the Constitution granted.”
That’s two lies. I’ll get to them both in a second.
The intent, of course, is a renewed effort to resurrect a pre-Heller gun-grabber argument that said the Founders never intended for the Second Amendment to apply to individuals, but only to a “well regulated militia.” That used to be the main argument the antis used, and one they presented to the court only to see it rejected. For a while, they grudgingly acknowledged the court’s individual rights finding and focused on exploiting Justice Antonin Scalia’s wholly unnecessary concessions on rights not being absolute and thus subject to calculated infringements. But now, the antis are back doing a full-court press trying to invalidate that decision and revive the “collective right” meme.
Now back to the two lies.
Lie One: “[T]he Supreme Court first declared an individual right to gun ownership” in Heller. Nonsense. From Dred Scott v. Sanford (1856):
“It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to … keep and carry arms wherever they went.”
Lie Two: “[T]he court was creating an individual right to gun ownership that it was not clear the Constitution granted.”
We see the Sanford court made the same false presumption, which was since corrected in the 1876 U.S. v. Cruikshank case and cited in Heller. Note that even though Cruikshank was ultimately overruled in part, one fundamental truth pertaining to the Second Amendment remains intact:
“This is not a right granted by the Constitution. Neither is it in any manner dependent upon that instrument for its existence.”
Marimow, of course, as a legal writer knows all this, and knows how to craft an argument to persuade people hearing only her side of it, especially those who don’t know any better. Having her writings amplified on forums like MSN, The Boston Globe, and The Washington Post, among others, the readership she influences and misinforms is immense. And her views – the same as the citizen disarmament lobby’s with its billionaire-funded Astroturf gun grab groups — are parroted by every mainstream media conglomerate out there, almost completely dominating what the public is exposed to.
Conversely, the truth is confined to specialty publications with limited reach and niche readerships. It’s further hampered by a social media cancel culture that threatens to suppress it even further when hostile CDC junk science in the making will be used by “fact-checker” censors to “justify” expelling anything that does not advance the approved narrative.
That’s led some to complain that articles attempting to correct the record aren’t effective because they’re “preaching to the choir.”
If only this assumption was true.
The choir is comprised of the volunteers up there doing the work, singing. These are the people who learn the music and the words and the programs. They take significant time out from their demanding professional and personal lives to practice, learn, and perform. And they’ll do it again next week, and the next.
When we come across ridiculous claims like an individual rights interpretation of the Second Amendment is new, or rights are granted, or that citizen disarmament makes us safer, it’s incumbent on each of us to join in and add our voices. The truth can’t set us free if we know it’s being buried and do nothing to dig it out and share it.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
The media thinks Americans have forgotten all about the old West, were everyone had a peace maker and the criminals got their guns back as soon as they were released from jail, along with their other possessions. Or that our parents could buy a rifle mail order from sears and roebuck. No NICS. No government infringement and intrusion. Or after WWI they could mail order machine guns, COD. The individual right has been chipped away at, bit by bit, decade after decade. A plain reading of the 2nd tells a gradeschool child that ALL GUN LAWS ARE INFRINGEMENTS, repugnant to… Read more »
in the 60s fw woolworth sold surplus m2 carbines and m14s tax was paid at register separate ticket (still have both receipts) a friends father saw mine and went and bought the rest (alpha 66) bought my firs gun at 8 at a hardware store, winchester 410 @Arizona the real imposition happened after government attacked the people (kent state) I think they were afraid we would arm up and tell lbj go fuck himself the criminal j edger hoover was still running fbi
The political elites were afraid of Bobby Seals and the Black Panther Party, who were cluster foxtrotting up and down Pennsylvania Ave with shotguns, and shouting, “By whatever means necessary.” The GCA followed shortly after.
I bought my first pistol at a hardware store, too. The only paperwork was a receipt. That is freedom that following generations have “learned out” of them.
The “following generations” did not vote for Franklin Roosevelt until he died.
FDR is still voting democrat, but can you flesh out your point, a bit.
Sure. Your comment: “That is freedom that following generations have ‘learned out’ of them.” is a sentiment that is repeated on this board frequently. There are plenty of freedom-loving people in their 20s and 30s (these are the people I hunt and fish with). They are more freedom-loving than many of the authoritarian statists who post frequently on this board. I’m referring to the posters who: Don’t like capitalism; Refuse to acknowledge who has been enforcing the tens of thousands of gun laws for decades (and who will enforce the new laws that are coming); Support high tax rates on… Read more »
Oh. Ok.
Will (“TEX”) – 11/5/21:
“Lmfao!”
Response to Will (“TEX”):
There you go again.
What is it with so many government employees and ex-government employees and their inclination to enforce laws/rules/conventions against one group of people, but not against another group of people?
I remember seeing the trial in the papers. I read Abbie Hoffman’s book. I think he is a stock broker, now.
Good! I hope it was a long and horrible death.
Under the original meaning of the 2A if you could afford it you could have a nuclear submarine with missiles or a nuclear carrier with airwing and all associated munitions. Now you have to have a “Mommy Please” card to carry your self defense tool across most state lines.
I hear you. ‘Course, it was pretty hard to bear a crew-served weapon in them days. Common argument against civilians with nukes is they might be irresponsible/irrational. Would you want Alec Baldwin or TEX The Chimp to own one? Nowadays that case is thin. I mean, how responsible are Joe Poopy Pants Biden, General Millie Vanilli, Kamala Sutra, and Pelosi Galore?
Yes, private persons often bought cannon, ammunition, trained crewmen, and provided them to the Army from the American Revolution on. Teddy Roosevelt received his unit’s machine-guns from the father of one of his troops.
This was worth reading.
Excellent analysis of the propaganda that is rampant in this RKBA discussion.
And the proof if how misleading the media is on full display with ” Let’s Go Brandon ” . They make fools of themselves daily with thier lies . Only a idiot would believe the crap these liars peddle !
problem is most people have an “adjusted IQ of 100” real IQ is about 60 that is the national average that means half have a lower IQ, so withe 100,000,000 idiots and imbeciles running around this is what we have to deal with
It only takes a couple good men to put a serious dent in the number of traitors at the top of the ladder.
The communists and their media has done our rights a great disservice.
They really think we are as dumb as they are. Hollywood is full of idiots.
Never confuse celebrity with intelligence.
second on Hollywood being full of idiots , they make up stuff then believe what they made up is real. The number of actual gun fights was small compared to the tv westerns more uneducated people understood if I shoot him his friends will shoot me ,there was some shootouts between sod-busters and cattlemen but on the whole less violence per capita than today then came the civil war ————
the opening of the west happened 60 years after the purchase ,there were a hardy few there before flood gates opened in 1862 with the homestead act, before that it was in fits and spurts gold here silver there the “wild west” only lasted 1865 till 1890
And if you watch many of the old western serials, there was a strong anti-gun messaging. “The Cheyenne Show”, “The Rifleman”, and Randolph Scott movies were full anti-gun propaganda.
As a child I saw the message more as “don’t use guns on people unless absolutely necessary.” Maybe I’m gullible since I still support that message – with caveats that adult responsibility includes getting trained and equipped in case it ever becomes necessary.
Outlawing guns is like outlawing condoms. Only prevents responsible behavior and while encouraging acts of irresponsibility.
Yeah, me too. I was stunned to watch those old westerns as an adult.
The Anti-Freedom media think they are clever and sly in framing a 2A win in the court as an ” expansion of gun rights” . In reality it is a restoration of rights seriously infringed over decades. It is hard for them to accept that we might get back some of the freedom they have stolen from us.
Right on target, David. Right on target.
Eh, Presser v Illinois (1886): wedges in there as well. – 2A case related to the meaning of the Second Amendment rights relating to militias and individuals.
The court ruled the Second Amendment right was a right of individuals, and not predicated militias, and was not a right to form or belong to a militia, but related to an individual right to bear arms for the good of the United States, who could serve as members of a militia upon being called up by the Government in time of collective need.
Good case citation!
The crux was a parade permit was not sought. The arm was a sword.
Somewhere along the line, we let ourselves focus blame on the weapon instead of the intent of the user. I’ve seen men killed in battle with bullets and blades, the manner of death becomes irrelevant as it is still death. We have all these laws creating hierarchies of weapons stratified by illogical perception yet the person wielding them is usually a secondary concern. Why is a sword less dangerous than a bullet, a pocket knife less than a pistol? All have their uses, and with the right user can be equally effective. What happened is somewhere we allow the focus… Read more »
Would one expect different of the propaganda wing of the Marxist party,they don’t believe in truth or fact everything is pablum to sell the agenda.
It seems to me that far too many people, especially in supposed “positions of authority”, have forgotten what a RIGHT is. Among other things, it something inherent to YOU as a person and requires nothing from another person for its fulfillment (hence health care, housing, and a JOB are NOT rights). Therefore, rights cannot be barred to you by a government (regardless of whether it actually is or not) AND are protected by the founding documents of this country. Regarding Heller, I believe the crux of this is the fact that the 2nd Amendment states the right of the PEOPLE… Read more »
Nice to see everybody communicating I learned a long time ago while working for a company of contractors with partners. Opinions are unnecessary facts matter when different minds use the facts available to them the best contracts are written. Today opinions of specialist help the propaganda machine move forward those unwilling to seek out the facts will always fall short of the truth. I would like to believe that all Americans love our country as much as I do.Today the fact is that some do not and have a agenda of their own most are working behind the big screen… Read more »
So, what you are saying is if little Johnny joins the scouts, meets little Mary at scouting summer camp, gets little Mary knocked-up and THEN Little Johnny decides to decide HE is now a SHE, then Little Johnny won’t owe child support because he now identifies as a female and they will BOTH get a merit badge for figuring out how to fornicate?
The old joke about ; What do you call a bus load of lawyers at the bottom of the ocean? Answer; A good start. Still rings true today. Even Jesus had nothing good to say concerning lawyers.
Perhaps if he had representation at his trial … Just saying.
Upon which, they may have crucified him twice.
to execute that idea wil require few volunteers, no? Prolly bout dozen?
I think everyone here knows our true rights come from God. They are Natural Rights.
He endowed us with these rights and NO ONE can take them away from us.
No one, except God Period.
While many animal species are born weaponized, we are not.
So each of us can choose of our own free will to become weaponized.
We will not be alienated.
The punishment for high treason doesn’t just include jail, but execution. If you watch, though, you’ll see that Fauci is just another among thousands of traitors that are not only not executed or jailed, but that are not charged at all. Because traitors also inhabit the DOJ, and Attorneys General offices among the States, as well as local DA offices. And the police are also unsurprisingly no help in this matter, because criminals are now running this show. The only solution is for the People to rise up and dispassionately start executing the traitors at all levels of government. Then… Read more »
Jimmy S has stated the facts of the situation with absolute clarity. There is no agency in government that The People can turn to for justice against the criminals in government. The ballot box is no longer safe so the only box left for The People is the cartridge box. It is long past the time that it should have been used. Home Depot and Lowes have an unlimited supply of rope, Christmas is coming and every tree around the Mall should be decorated appropriately this year.
Yes, it is so. Trump should have purged the executive branch, as did Oblabla, and his puppet Biden.
I think the error and confussion on the reasons for the Second Amendment.
Self-defense has been a human right for at least 100,000 years.
The Second Amendment created the right of citizens to arms to oppose a tyranny.
The Declaration of Independence ( second paragraph ) is not limited to 1776.
North America was a European colony until 1768 when the British Army occupied Boston. That triggered the events that culminated in the Battles at Concord and Lexington and eventually the United States.
Sorry but the 2nd Amendment did NOT create the right of citizens to arms.
If you read the article, it’s NOT a right grated by the Constitution it’s a God given/Natural right, the 2nd Amendment tells the Government they cannot infringe on that right. The Bill of Rights tells the Government what they CAN’T do.
The constant battles in communicating with anti-gunners will ALWAYS be the fact that only those of us that believe in God truly understand what the value and power of these fundamental RIGHTS are because we fully embrace and understand the power of God and His blessings as well as what He can do to us, as opposed to atheists that do not believe in God, therefore have no clue as to what the fundamental rights even establish nor the supreme values of them.
Unbelievers can, and often do, recognize these as being “birthrights”. You come out of the womb with the right of self-defense.
Absolutely.
A rose by any other name, would still have thorns.
God given rights, creator given rights, natural rights, six of one, half dozen of the other. Call them what you will, they’re ours, they’re the reason why gassing six million termites is a weekend’s work but gassing six million Jews was a hideous crime.
We’ve backed up enough on the subject, don’t you think?
We want our cake back!
https://www.everydaynodaysoff.com/2013/11/08/cake-and-compromise-illustrated-guide-to-gun-control/
There is only one international organization on the planet known to have the power & ability to do this. They’re symbols are all over everywhere.
THEIR
U.S. v. Cruikshank and Dred Scott v. Sanford to support your arguments? While Cruikshank still holds some correct principles, it ruled that the Bill of Rights did not apply to state governments, even after the 14th amendment had been ratified. The Dred Scott case was probably SCOTUS’ worst decision ever.
But much of the dicta records for history the typical American jurist, politician, and citizens’ understanding of what our Rights are. Those notions of freedom are not negated by the substance or decision of Dred Scott.
Not the worst decision ever.
At that time the incorporation doctrine had not encompassed all of the BOR. And even now not all of the Bill of Rights has been applied to the states (e.g. none of the third amendment has been incorporated against the states).
Reductio ad absurdum, an error, and a distraction. Nice.
The Dred Scott court ruled that the Second Amendment was not an individual right, as the article stated. It’s the anti-gun side who believes that. The one thing Cruikshank got right was correcting that, which was also stated in the article. Nothing else in Cruickshank is relied on for anything, and Dred Scott is rightly reviled.