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Jim, as I indicated in the past , on v arious occasions, I am personally opposed to widespread ownership of fire weapons, as I view it would be too easy for a person to fire of a weapon to kill another person that may not be done with a knife, etc. . Nevertheless, I am a CONSTITUTIONALIST and must therefore set out the true meaning and application of the constitution, regardless it may be contrary to my personal views. In my view my strenght and integrity is to be willing to explain the true meaning and application of the constitution, despite of it being against my personal views. . Most people may not have realised that when the Federal government albeit UNCONSTITUTIONALLY took control over citizenship it purportedly gained by this the powers to limit citizens their klegal rights to bear arms. . I have been on the record, and my published books in the INSPECTOR-RIKATI series, on certain constitutional and other legal issues, underline this, that citizenship is a State power to declare who shall be its citizen. By this a State can for obvious reasons limit those who have been deemed unsuitable due to mental capacity or otherwise for felony convictions to carry arms. . However, it should be clear that the right to bear arms is enshrine in our constitution, because as the Framers of the Constitution made clear that in time of any attack every citizen has a duty to protect the community.

Hansard 10-3-1898 Constitution Convention Debates: QUOTE Mr. DIBBS:

All we want to do is to make every man who is either a native of the soil, or one of ourselves by reason of his taking up his residence amongst us, prepare to resist possible invasion from without. Who are our enemies? Who are our enemies but the enemies of England, and they, so long as we remain under the Crown, will be dealt with by an outer barrier, an outer bulwark in the defence of Australia, in the shape of the navy of Old England. But we have no enemies within, and there is no necessity to fasten the curse of a standing army upon us. As was pointed out by the hon. member, Sir George Grey, yesterday, in his interesting speech, we have no necessity to keep a large standing army at a large cost to the people of the country, [start page 185] when we have no enemies with whom they will have to fight. Our own police are quite sufficient for the preservation of order within. In the event of invasion from without, so long as we remain under the Crown, our enemies, being the enemies of England, will be dealt with before ever an attempt is made to invade these shores; and when the day of invasion comes the people of this country will rise as one man to defend their hearths and homes from any possible END QUOTE Mr. DIBBS:

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Obviously you cannot protect yourself against armed invasion with a b it of paper work, that has printed on it Commonwealth of Australia Constitution Act 1900 (UK) as invaders may not even be masters in the English language, and even if they were couldnt give a darn about it, this as if they did they wouldnt have invaded in the first place. TO DEFEND ONE SELVES ONE MUST HAVE WEAPONS AND BE ABLE TO USE THEM IN COMBAT. As such you cannot expect a citizen c onfrionted by an armed invader to say Can you wait a minute or better some weeks, that I first learn how to kill you, or at least know how to fire this darn thing? Reality is that if it came to an armed invasion our farmers may have to be called upon as most town folks wouldnt have a clue nor the ability to defend themselves agbainst armed invaders. Ironically the very farmers we now so much disregard as to their ongoing suffering where even ordinary suitabl;e drinkwater is denied to them, while we have a desalination plant that can provided the much needed drinkwater standing idle.

I view that it is a legal principle embedded in the constitution that any citizen (Say of good character - which would or should mean any person not convicted of a felony matter) is entitled to bear arms! . Indeed, I have always recognised that farmers should be able to defend their flock/herd, etc, against wild animals.

We have seen how State police are now more like armies. We have seen how the Australian Federal Police, albeit unconstitutionally, invaded homes of people because they happen to be Muslims! they are the very terrorist our Framers of the Constitution never expected to be in existence in the federation they oplanned.

We are living more under a tyrannical government then many m,ay realize and it will get worse. http://constitution.org/sps/sps11.htm
THE CIVIL LAW, INCLUDING, The Twelve Tables, The Institutes of Gaius, The Rules of Ulpian, The Opinions of Paulus, The Enactments of Justinian, and The Constitutions of Leo: Translated from the original Latin, edited, and compared with all accessible systems of jurisprudence ancient and modern. By S. P. SCOTT, A. M. Author of "History of the Moorish Empire in Europe," Translator of the "Visigothic Code" IN SEVENTEEN VOLUMES VOL. XI. CINCINNATI THE CENTRAL TRUST COMPANY Executor of the Estate Samuel P. Scott, Deceased PUBLISHERS CONTENTS OF VOLUME XL THE DIGEST OR PANDECTS.

BOOK XLVII.

173. On Plautius, Book VI.


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QUOTE When judgment is rendered against anyone to the extent of his means, everything which he had should not be extorted from him; but the rule of law should be observed which does not permit him to be reduced to poverty. END QUOTE We now know that many hardworking persaon who had a safe heaven has no more because of the thieving and pludering politicians who have become Enemy No. 1 to The people. . It is this what I understand from the USA issue that people must be able to resist dictatorshiup, and I view that so far we are failing badly in doing so. the time for a VELVET REVOLUTION has donned upon us long ago to resro LAW & ORDER in the manner that is constitutionally appropriate.

Again, I may personally dis,like fire weapons everywhere around, as my own militairy training made me too much aware of the dangers, but I also must acknowledge that a society without the ability to defend itself against a tyrranical government is merely so to say a group of people enslaved by the government of the day, and the next government will be worse then it predecessor. Hence, I acknowledge there is a need for citizen s to have their constitutional right to bear arms. . Also, it is inhired from our British common laws, etc, that citizens are entitled to bear arms. I will now list some quotations: below

Gerrit

The following will also make clear that the Framers of the Constitution intended to have CIVIL RIGHTS and LIBERTIES principles embedded in the Constitution; HANSARD 17-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. CLARK.for the protection of certain fundamental rights and liberties which every individual citizen is entitled to claim that the federal government shall take under its protection and secure to him. END QUOTE . HANSARD18-2-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention)
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QUOTE Mr. ISAACS.The right of a citizen of this great country, protected by the implied guarantees of its Constitution, END QUOTE . HANSARD 27-1-1898 Constitution Convention Debates QUOTE Mr. BARTON.-Our civil rights are not in the hands of any Government, but the rights of the Crown in prosecuting criminals are. END QUOTE . Hansard 2-3-1898 Constitution Convention Debates QUOTE Mr. BARTON. If we are going to give the Federal Parliament power to legislate as it pleases with regard to Commonwealth citizenship, not having defined it, we may be enabling the Parliament to pass legislation that would really defeat all the principles inserted elsewhere in the Constitution, and, in fact, to play ducks and drakes with it. That is not what is meant by the term "Trust the Federal Parliament." END QUOTE HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- Of course it will be argued that this Constitution will have been made by the Parliament of the United Kingdom. That will be true in one sense, but not true in effect, because the provisions of this Constitution, the principles which it embodies, and the details of enactment by which those principles are enforced, will all have been the work of Australians. END QUOTE And HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- Having provided in that way for a free Constitution, we have provided for an Executive which is charged with the duty of maintaining the provisions of that Constitution; and, therefore, it can only act as the agents of the people. END QUOTE . HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. DEAKIN.- In this Constitution, although much is written much remains unwritten, END QUOTE

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And HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. DEAKIN.What a charter of liberty is embraced within this Bill-of political liberty and religious liberty-the liberty and the means to achieve all to which men in these days can reasonably aspire. A charter of liberty is enshrined in this Constitution, which is also a charter of peace-of peace, order, and good government for the whole of the peoples whom it will embrace and unite. END QUOTE And HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. SYMON (South Australia).- We who are assembled in this Convention are about to commit to the people of Australia a new charter of union and liberty; we are about to commit this new Magna Charta for their acceptance and confirmation, and I can conceive of nothing of greater magnitude in the whole history of the peoples of the world than this question upon which we are about to invite the peoples of Australia to vote. The Great Charter was wrung by the barons of England from a reluctant king. This new charter is to be given by the people of Australia to themselves. END QUOTE And HANSARD 17-3-1898 Constitution Convention Debates QUOTE Mr. BARTON.- We can have every faith in the constitution of that tribunal. It is appointed as the arbiter of the Constitution. . It is appointed not to be above the Constitution, for no citizen is above it, but under it; but it is appointed for the purpose of saying that those who are the instruments of the Constitution-the Government and the Parliament of the day-shall not become the masters of those whom, as to the Constitution, they are bound to serve. What I mean is this: That if you, after making a Constitution of this kind, enable any Government or any Parliament to twist or infringe its provisions, then by slow degrees you may have that Constitution-if not altered in terms-so whittled away in operation that the guarantees of freedom which it gives your people will not be maintained; and so, in the highest sense, the court you are creating here, which is to be the final interpreter of that Constitution, will be such a tribunal as will preserve the popular liberty in all these regards, and will prevent, under any pretext of constitutional action, the Commonwealth from dominating the states, or the states from usurping the sphere of the Commonwealth. END QUOTE Hansard 11-3-1898 Constitution Convention Debates QUOTE

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The CHAIRMAN.-I do not think I can rule this proposed amendment out of order. Every clause, or nearly every clause, in a Bill in some way qualifies the preceding clauses. They extend the operation of those clauses, and, in some instances they limit the operation of the clauses. This is not a distinct negative, and I think it would be unduly curtailing the power of the committee to arrive at such a conclusion as they may think fit if I ruled this out of order. END QUOTE . KING v. JONES ; McEWEN v. HACKERT ; JONES v. JONES. (1972) 128 CLR 221 Barwick C.J.(1), McTiernan(2), Menzies(3), Walsh(4), Gibbs(5) and Stephen(6)JJ. QUOTE Barwick C.J.(1) 10. There are some basic propositions of constitutional construction which are beyond controversy. The words of the Constitution are to be read in that natural sense they bore in the circumstances of their enactment by the Imperial Parliament in 1900. That meaning remains, beyond the reach of any Australian Parliament, subject only to alteration by the means provided by s. 128 of the Constitution. The connotation of words employed in the Constitution does not change though changing events and attitudes may in some circumstances extend the denotation or reach of those words. These propositions are fully documented in the reported decisions of this Court which has the task of finally and authoritatively deciding both the connotation and the denotation of the language of the Constitution. (at p229) END QUOTE . Hansard 3-4-1891 Constitution Convention Debates QUOTE Mr. DIBBS: The intention of the framers of the constitution has been to make the constitution as flexible as possible, so that arrangements can be made between the various states and the commonwealth when the time comes to make them. END QUOTE . Hansard 17-3-1898 Constitution Convention Debates QUOTE Sir EDWARD BRADDON.When we consider how vast the importance is that every word of the Constitution should be correct, that every clause should fit into every other clause; when we consider the great amount of time, trouble, and expense it would take to make any alteration, and that, if we have not made our intentions clear, we shall undoubtedly have laid the foundation of lawsuits of a most extensive nature, which will harass the people of United Australia and create dissatisfaction with our work, it must be evident that too much care has not been exercised. END QUOTE . Hansard 8-2-1898 Constitution Convention Debates QUOTE Mr. OCONNOR (New South Wales).-The honorable and learned member (Mr. Isaacs) is I think correct in the history of this clause that he has given, and this is [start page 672] one of those instances which should make us very careful of following too slavishly the provisions of the United States Constitution, or any other Constitution. No doubt in putting together the
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draft of this Bill, those who were responsible for doing so used the material they found in every Constitution before it, and probably they felt that they would be incurring a great deal of responsibility in leaving out provisions which might be in the least degree applicable. But it is for us to consider, looking at the history and reasons for these provisions in the Constitution of the United States, whether they are in any way applicable; and I quite agree with my honorable and learned friend (Mr. Carruthers) that we should be very careful of every word that we put in this Constitution, and that we should have no word in it which we do not see some reason for. Because there can be no question that in time to come, when this Constitution has to be interpreted, every word will be weighed and an interpretation given to it; and by the use now of what I may describe as idle words which we have no use for, we may be giving a direction to the Constitution which none of us now contemplate. Therefore, it is incumbent upon us to see that there is some reason for every clause and every word that goes into this Constitution. END QUOTE

Hansard 1-3-1898 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE Mr. HIGGINS.-But suppose they go beyond their power? Mr. GORDON.-It is still the expression of Parliament. Directly a Ministry seeks to enforce improperly any law the citizen has his right. END QUOTE And; Hansard 10-3-1891 Constitution Convention Debates (Official Record of the Debates of the National Australasian Convention) QUOTE let us set our face once and for ever against the creation of anything like a military despotism. END QUOTE Hansard 6-3-1891 Constitution Convention Debates QUOTE Mr. THYNNE: There is one other element which has been suggested to me by the paragraph of the resolutions with reference to military and naval defences. I think we shall do a useful work, that we shall do a good thing, by making it a part of the Constitution of Australia that in time of war every man in it shall be liable to be called upon to undergo military service. I think that would be a great step in advance-a step that would secure for us the active interest and support of all the people in these colonies; and I am sure we cannot afford to disown or to disregard any one of those sources of influence we ought to exercise upon the people. END QUOTE Hansard 9-3-1891 Constitution Convention Debates QUOTE Mr. KINGSTON:

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The 4th resolution raises the question of defence, and I am disposed to think that a more prominent position might well have been given to this question than it occupies. I am not going to discuss the details of possible provisions on the subject which may be considered necessary to be embodied in the constitution. An hon. member has already addressed himself to that question; but it seems to me that every citizen, or every person worthy of the name of citizen, recognises it as his duty in time of [start page 157] war to take up arms in defence of his country. It is almost a corollary of that proposition, that it is the duty of every true citizen in time of peace to qualify himself to render efficient service in time of need without unnecessary expense to the community of which he is a member. I trust that our federal legislation will recognise the soundness of the principles which I venture to lay down, and that effect will be given to them at the earliest possible moment. I am hopeful, indeed, that when we have legislation of that character its results will be apparent in the manhood of united Australia, and that it will add alike to the dignity and safety of the nation and be productive of the happiest results. END QUOTE HANSARD 8-2-1898 Constitution Convention Debates QUOTE Mr. ISAACS (Victoria).It is not something separate from the other portion, and of this Dr. Burgess says, at page 217 of the first volume of his work:The phrase "equal protection of the laws" has been defined by the court to mean exemption from legal discrimination on account of race or colour. This provision would probably, therefore, not be held to cover discriminations in legal standing made for other reasons; as, for example, on account of age or sex, or mental, or even property qualifications. The court distinctly affirms that the history of the provision shows it to have been made to meet only the unnatural discriminations springing from race and colour. If a discrimination should arise from any previous condition of servitude, I think the court would regard this as falling under the inhibition. The language of the provision implies this certainly, if it does not exactly express it. END QUOTE

Hansard 10-3-1898 Constitution Convention Debates: TUESDAY, 10 MARCH, 1891. QUOTE Mr. GILLIES: The resolution does not say that! Mr. DIBBS: Well, I shall be very glad to have any other meaning placed upon it. It will be for the federal government to claim, and I take it, for the federal government to enforce. Mr. MCMILLAN: The word "surrenders" carries its own meaning! Mr. DIBBS: I think, in a resolution in which we are asked to affirm the principles upon which the constitution shall be constructed, that the word "powers" in connection with the expression, "powers and privileges and territorial rights," might be omitted altogether. I dread dealing with the
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expression "territorial rights," as it may imply the taking from the people of New South Wales that territory which lies in such close contiguity to other and powerful states, and which we may say in all charity, and in the mildest possible form, they possibly covet. I have no doubt South Australia would like an adjustment of territorial boundary in order to take in Broken Hill. We have heard-and the idea comes from the preaching of the Victorian press and Victorian statesmen-that an equal adjustment of territorial rights might be taken to mean [start page 184] the annexation of Riverina to Victoria, and equally the modest colony of Queensland, on our north, might find that their capital, Brisbane, might be strengthened to a large extent by a certain portion of the territory of New South Wales down to the Clarence River being merged into Southern Queensland. These are the questions which come before the minds of the people of New South Wales, and upon which this Convention will have to be perfectly clear. There must be no surrender of territorial rights in any shape or form, save in connection with the reconstruction of states in the future, or in connection with the construction of new states. Such division or surrender for the creation of new states should only be by the will and consent of a two-thirds majority of the people. Resolutions 2 and 3 deal with the question of trade intercourse, and follow, as a matter of course, upon the creation of a federation. There can be no federation of these colonies, no federal form of government, unless there is unrestricted free-trade throughout the whole of the colonies. That goes without saying; and the power vested in the federal government of imposing outside customs duties is also natural and right enough. The two resolutions, taken together, mean, by inference, that there shall be unrestricted free-trade between the various parties to the federal government compact, but there must be protection against the outside world. We now come to a most dangerous point in connection with the proceedings of this Convention. I hope that the 4th resolution, dealing with the question of military and naval defence, will receive the most anxious consideration of the delegates. I hope that the words which fell last evening from the lips of the hon. member, Sir George Grey-words which bear the weight of great experience-will be taken to heart by those who may form the federal government. The question of creating a standing army is one which, to my mind, is almost more repulsive than the question of readjustment of territorial boundaries. It means the existence in our midst of a certain number of idle men-men sharpening their knives and their swords for the first fitting opportunity of fleshing them on the people of their own country, because we have no other enemies. We, in Australia-federated Australia, I may take it, because the matter is one which applies to the whole-have no enemies within our borders; we have no Indians to dispute with us the possession of the soil; we have no powerful Maori race, to fight, as was once the case in New Zealand, for the territory the right to which belonged to the Maoris themselves. We have no enemies within, and the only thing we have to fear is the possibility of any assault on the mother country by her enemies from without, unless indeed the creation of a standing army proves a menace to the people of Australia by the existence of an armed force for unlawful purposes. This question of the creation of a military force is one of the blots upon these resolutions. We want no military force within New South Wales. All we want to do is to make every man who is either a native of the soil, or one of ourselves by reason of his taking up his residence amongst us, prepare to resist possible invasion from without. Who are our enemies? Who are our enemies but the enemies of England, and they, so long as we remain under the Crown, will be dealt with by an outer barrier, an outer bulwark in the defence of Australia, in the shape of the navy of Old England. But we have no enemies within, and there is no necessity to fasten the curse of a standing army upon us. As was pointed out by the hon. member, Sir George Grey, yesterday, in his interesting speech, we have no necessity to keep a large standing army at a large cost to the people of the country, [start page 185] when we have no enemies with whom they will have to fight. Our own police are quite sufficient for the preservation of order within. In the event of invasion from without, so long as we remain under the Crown, our enemies, being the enemies of England, will be dealt with before ever an attempt is made to invade these shores; and when the day of invasion
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comes the people of this country will rise as one man to defend their hearths and homes from any possible aggressor. I look upon the question of the creation of a military power within a territory under the Crown as a menace to the people who are to continue as British subjects. We have been sent here by our various parliaments to frame a constitution under the Crown-under the Crown, bear in mind. That is the idea which has been put forward in every speech that has been made. I presume, then, that the members of the Convention are prepared at once to give the go-by altogether to the idea of imperial federation. So long as we remain in our present position as individual colonies, we are imperially federated, and we can be imperially federated in no stronger manner than in connection with our relation to the mother country. We are as much imperially federated as the people living in the cities of London, Liverpool, Manchester, or other large centres of population. We are a portion of the British Crown, joined together by the most solemn ties and obligations; and we have to bear the brunt of any misfortune which may fall upon us in connection with any attack upon our shores by reason of our enemies being the common enemies of England. We have already made certain provision, partially of a federal character, to assist the Imperial Government in the protection of our shores from without; but let us set our faces as a young nation-if I may use the word "nation" in advance-against standing armies; let us set our face once and for ever against the creation of anything like a military despotism. We are met here under the Crown, and I must say that, as one possessing a slight tinge of republican notions, as one who sees that the future of Australia is to be what was prophesied of it fifty years ago, by poets who have written of what the future of Australia is to be-having a certain tinge of republicanism in my nature, the result naturally of my being a descendant of an Englishman, I was surprised to find a gentleman occupying a position under the Crown proposing what 100 years ago would have been simply regarded as high treason. Why, the other day the hon. member, Mr. Munro, made a proposal with regard to one phase of the question which made me ejaculate, "One strand of the painter has gone." Mr. MUNRO: What was that? Mr. DIBBS: The hon. member proposed to take from us, as British subjects, the chartered right which we possess of appeal to the Crown. Mr. MUNRO: I did not. I spoke in the other direction! Mr. DIBBS: The hon. member spoke of establishing our appeal court, and of doing away with the necessity of appealing to the Privy Council. The hon. member suggested that we should have our appeal court, and that there would be no necessity for sending cases to the Privy Council of England. Mr. MUNRO: I said the reverse! Mr. FITZGERALD: The hon. member said the opposite! Hon. MEMBERS: Hear, hear! END QUOTE This article is relevant and a warning for the Australian people in that if we allow government to severely limit or prohibit private gun ownership, it will render us virtually defenceless not only against any hostile foreign nation and the criminal element in our society, but also the government itself should it become unbearably oppressive and tyrannical. Government wants the people to believe that gun ownership is not a natural law, common law and
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human right, but a limited privilege granted by civil servants only to those who are willing to endure considerable bureaucratic 'red tape,' strict conditions and pay exorbitant annual gun licence fees. In my view reasonable regulation of guns and ammunition is necessary to try and limit their availability to criminals and the mentally impaired and immature. However since the 'red flag' Port Arthur massacre the number and strictness of gun laws has become an oppressive and unnecessary burden upon responsible law abiding gun owners. Self-defence and protection of loved ones is no longer an "acceptable reason" in an application for a gun licence. Think about that and whether the government - our employees - is really protecting our rights and best interests. Jim

Over 1000 Green Berets Sign Letter Supporting Second Amendment


http://www.infowars.com/over-1000-green-berets-sign-letter-supporting-second-amendment/ Military professionals agree second amendment is primarily a defense against government tyranny Paul Joseph Watson Infowars.com January 31, 2013 Over 1000 Green Berets have signed a letter re-asserting their oath to support and defend the Constitution by protecting the second amendment rights of American citizens.

The letter, which originally featured at ProfessionalSoldiers.com, was written by current or former Army Reserve, National Guard, and active duty US Army Special Forces soldiers. It highlights the fact that the Constitution was drafted primarily as a means of protecting citizens against governmental tyranny and/or oppression, further citing the words of Supreme Court Justice Joseph Story, who outlined the purpose of the second amendment when he stated, The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. Throughout history, disarming the populace has always preceded tyrants accession of power.
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Hitler, Stalin, and Mao all disarmed their citizens prior to installing their murderous regimes, states the letter. At the beginning of our own nations revolution, one of the first moves made by the British government was an attempt to disarm our citizens. When our Founding Fathers ensured that the 2nd Amendment was made a part of our Constitution, they were not just wasting ink. They were acting to ensure our present security was never forcibly endangered by tyrants, foreign or domestic. The legal precedent of the right to keep and bear arms which includes weapons in common use by the military is also documented, as is the definition of the term militia, which as Court Justice Scalia ruled in 2008, comprised all males physically capable of acting in concert for the common defense. Tackling numerous sacred cows brought up by gun control advocates, the letter points out that the 1994 Federal Assault Weapons Ban was completely useless in preventing mass shootings because instead of using high capacity magazines, shooters like Columbine killer Eric Harris simply bought more 10 round magazines and changed them more often. The letter also documents how, despite its draconian gun ban in 1996, gun crime in the United Kingdom has continually increased, whereas firearm related homicides in the United States decreased by 9 per cent five years after the expiration of the Assault Weapons Ban. At the end of the letter, eight steps are recommended to reduce gun violence while still maintaining the sanctity of the second amendment, including a repeal of the Gun-Free School Zones Act of 1990, which allows shooters to carry out their massacres unimpeded by responsible gun owners. Stricter border controls to tackle the flow of illegal firearms from Mexico are also advocated, as is the return of firearm safety programs to schools. The letter also discourages the proliferation of violence in movies and video games, citing recent scientific studies which draw a correlation between desensitization to violence and aggressive behavior in young people and adults. Amidst the Obama administrations effort to curtail the second amendment through both executive orders and legislation, numerous top law enforcement officials from across the country have gone public to assert that they will not follow federal orders to confiscate firearms. Last week, Gilberton , Pennsylvania Police Chief Mark Kessler promised not to enforce unconstitutional laws that eviscerate second amendment rights. I will take my uniform off and I will stand with freedom before I stand with tyrannical thugs, he stated. Read the full letter signed by the Green Berets below. Protecting the Second Amendment Why all Americans Should Be Concerned We are current or former Army Reserve, National Guard, and active duty US Army Special Forces soldiers (Green Berets). We have all taken an oath to support and defend the Constitution of the United States against all enemies foreign and domestic; that I will bear true faith and allegiance to the same. The Constitution of the United States is without a doubt the single greatest document in the history of mankind, codifying the fundamental principle of governmental power and authority being derived from and granted through the consent of the governed. Our Constitution established a system of governance that preserves, protects, and holds sacrosanct the individual rights and
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primacy of the governed as well as providing for the explicit protection of the governed from governmental tyranny and/or oppression. We have witnessed the insidious and iniquitous effects of tyranny and oppression on people all over the world. We and our forebears have embodied and personified our organizational motto, De Oppresso Liber [To Free the Oppressed], for more than a half century as we have fought, shed blood, and died in the pursuit of freedom for the oppressed. Like you, we are also loving and caring fathers and grandfathers. Like you, we have been stunned, horrified, and angered by the tragedies of Columbine, Virginia Tech, Aurora , Fort Hood , and Sandy Hook ; and like you, we are searching for solutions to the problem of gun-related crimes in our society. Many of us are educators in our second careers and have a special interest to find a solution to this problem. However, unlike much of the current vox populi reactions to this tragedy, we offer a different perspective. First, we need to set the record straight on a few things. The current debate is over so-called assault weapons and high capacity magazines. The terms assault weapon and assault rifle are often confused. According to Bruce H. Kobayashi and Joseph E. Olson, writing in the Stanford Law and Policy Review, Prior to 1989, the term assault weapon did not exist in the lexicon of firearms. It is a political term [underline added for emphasis], developed by anti-gun publicists to expand the category of assault rifles. The M4A1 carbine is a U.S. military service rifle it is an assault rifle. The AR-15 is not an assault rifle. The AR in its name does not stand for Assault Rifle it is the designation from the first two letters of the manufacturers name ArmaLite Corporation. The AR-15 is designed so that it cosmetically looks like the M4A1 carbine assault rifle, but it is impossible to configure the AR-15 to be a fully automatic assault rifle. It is a single shot semi-automatic rifle that can fire between 45 and 60 rounds per minute depending on the skill of the operator. The M4A1 can fire up to 950 rounds per minute. In 1986, the federal government banned the import or manufacture of new fully automatic firearms for sale to civilians. Therefore, the sale of assault rifles are already banned or heavily restricted! The second part of the current debate is over high capacity magazines capable of holding more than 10 rounds in the magazine. As experts in military weapons of all types, it is our considered opinion that reducing magazine capacity from 30 rounds to 10 rounds will only require an additional 6 -8 seconds to change two empty 10 round magazines with full magazines. Would an increase of 6 8 seconds make any real difference to the outcome in a mass shooting incident? In our opinion it would not. Outlawing such high capacity magazines would, however, outlaw a class of firearms that are in common use. As such this would be in contravention to the opinion expressed by the U.S. Supreme Court recent decisions. Moreover, when the Federal Assault Weapons Ban became law in 1994, manufacturers began retooling to produce firearms and magazines that were compliant. One of those ban-compliant firearms was the Hi-Point 995, which was sold with ten-round magazines. In 1999, five years into the Federal Assault Weapons Ban, the Columbine High School massacre occurred. One of the perpetrators, Eric Harris, was armed with a Hi-Point 995. Undeterred by the ten-round capacity of his magazines, Harris simply brought more of them: thirteen magazines would be found in the massacres aftermath. Harris fired 96 rounds before killing himself. Now that we have those facts straight, in our opinion, it is too easy to conclude that the problem is guns and that the solution to the problem is more and stricter gun control laws. For politicians, it is politically expedient to take that position and pass more gun control laws and then claim to constituents that they have done the right thing in the interest of protecting our children. Who can argue with that? Of course we all want to find a solution. But, is the problem really guns? Would
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increasing gun regulation solve the problem? Did we outlaw cars to combat drunk driving? What can we learn from experiences with this issue elsewhere? We cite the experience in Great Britain . Despite the absence of a gun culture, Great Britain , with one-fifth the population of the U.S. , has experienced mass shootings that are eerily similar to those we have experienced in recent years. In 1987 a lone gunman killed 18 people in Hungerford. What followed was the Firearms Act of 1988 making registration mandatory and banning semi-automatic guns and pump-action shotguns. Despite this ban, on March 13, 1996 a disturbed 43-year old former scout leader, Thomas Hamilton, murdered 16 school children aged five and six and a teacher at a primary school in Dunblane , Scotland . Within a year and a half the Firearms Act was amended to ban all private ownership of hand guns. After both shootings there were amnesty periods resulting in the surrender of thousands of firearms and ammunition. Despite having the toughest gun control laws in the world, gun related crimes increased in 2003 by 35% over the previous year with firearms used in 9,974 recorded crimes in the preceding 12 months. Gun related homicides were up 32% over the same period. Overall, gun related crime had increased 65% since the Dunblane massacre and implementation of the toughest gun control laws in the developed world. In contrast, in 2009 (5 years after the Federal Assault Weapons Ban expired) total firearm related homicides in the U.S. declined by 9% from the 2005 high (Source: FBI Uniform Crime Reporting Master File, Table 310, Murder Victims Circumstances and Weapons Used or Cause of Death: 2000-2009). Are there unintended consequences to stricter gun control laws and the politically expedient path that we have started down? In a recent op-ed piece in the San Francisco Chronicle, Brett Joshpe stated that Gun advocates will be hard-pressed to explain why the average American citizen needs an assault weapon with a highcapacity magazine other than for recreational purposes.We agree with Kevin D. Williamson (National Review Online, December 28, 2012): The problem with this argument is that there is no legitimate exception to the Second Amendment right that excludes military-style weapons, because military-style weapons are precisely what the Second Amendment guarantees our right to keep and bear. The purpose of the Second Amendment is to secure our ability to oppose enemies foreign and domestic, a guarantee against disorder and tyranny. Consider the words of Supreme Court Justice Joseph Story: The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defense of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. The Second Amendment has been ruled to specifically extend to firearms in common use by the military by the U.S. Supreme Court ruling in U.S. v Miller (1939). In Printz v U.S. (1997) Justice Thomas wrote: In Miller we determined that the Second Amendment did not guarantee a citizens right to possess a sawed-off shot gun because that weapon had not been shown to be ordinary military equipment that could could contribute to the common defense. A citizens right to keep and bear arms for personal defense unconnected with service in a militia has been reaffirmed in the U.S. Supreme Court decision ( District of Columbia , et al. v Heller,
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2008). The Court Justice Scalia wrote in the majority opinion: The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.. Justice Scalia went on to define a militia as comprised all males physically capable of acting in concert for the common defense . The Anti-Federalists feared that the Federal Government would disarm the people in order to disable this citizens militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens militia would be preserved. he explained. On September 13, 1994, the Federal Assault Weapons Ban went into effect. A Washington Post editorial published two days later was candid about the bans real purpose:[N]o one should have any illusions about what was accomplished [by the ban]. Assault weapons play a part in only a small percentage of crime. The provision is mainly symbolic; its virtue will be if it turns out to be, as hoped, a stepping stone to broader gun control. In a challenge to the authority of the Federal government to require State and Local Law Enforcement to enforce Federal Law (Printz v United States ) the U.S. Supreme Court rendered a decision in 1997. For the majority opinion Justice Scalia wrote: . this Court never has sanctioned explicitly a federal command to the States to promulgate and enforce laws and regulations When we were at last confronted squarely with a federal statute that unambiguously required the States to enact or administer a federal regulatory program, our decision should have come as no surprise.. It is an essential attribute of the States retained sovereignty that they remain independent and autonomous within their proper sphere of authority. So why should non-gun owners, a majority of Americans, care about maintaining the 2nd Amendment right for citizens to bear arms of any kind? The answer is The Battle of Athens, TN. The Cantrell family had controlled the economy and politics of McMinn County , Tennessee since the 1930s. Paul Cantrell had been Sheriff from 1936 -1940 and in 1942 was elected to the State Senate. His chief deputy, Paul Mansfield, was subsequently elected to two terms as Sheriff. In 1946 returning WWII veterans put up a popular candidate for Sheriff. On August 1 Sheriff Mansfield and 200 deputies stormed the post office polling place to take control of the ballot boxes wounding an objecting observer in the process. The veterans bearing military style weapons, laid siege to the Sheriffs office demanding return of the ballot boxes for public counting of the votes as prescribed in Tennessee law. After exchange of gun fire and blowing open the locked doors, the veterans secured the ballot boxes thereby protecting the integrity of the election. And this is precisely why all Americans should be concerned about protecting all of our right to keep and bear arms as guaranteed by the Second Amendment! Throughout history, disarming the populace has always preceded tyrants accession of power. Hitler, Stalin, and Mao all disarmed their citizens prior to installing their murderous regimes. At the beginning of our own nations revolution, one of the first moves made by the British government was an attempt to disarm our citizens. When our Founding Fathers ensured that the 2nd Amendment was made a part of our Constitution, they were not just wasting ink. They were acting to ensure our present security was never forcibly endangered by tyrants, foreign or domestic. If there is a staggering legal precedent to protect our 2nd Amendment right to keep and bear arms and if stricter gun control laws are not likely to reduce gun related crime, why are we having this debate? Other than making us and our elected representatives feel better because we think that we are doing something to protect our children, these actions will have no effect and will only provide
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us with a false sense of security. So, what do we believe will be effective? First, it is important that we recognize that this is not a gun control problem; it is a complex sociological problem. No single course of action will solve the problem. Therefore, it is our recommendation that a series of diverse steps be undertaken, the implementation of which will require patience and diligence to realize an effect. These are as follows: 1. First and foremost we support our Second Amendment right in that 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. 2. We support State and Local School Boards in their efforts to establish security protocols in whatever manner and form that they deem necessary and adequate. One of the great strengths of our Republic is that State and Local governments can be creative in solving problems. Things that work can be shared. Our point is that no one knows what will work and there is no one single solution, so lets allow the State and Local governments with the input of the citizens to make the decisions. Most recently the Cleburne Independent School District will become the first district in North Texas to consider allowing some teachers to carry concealed guns. We do not opine as to the appropriateness of this decision, but we do support their right to make this decision for themselves. 3. We recommend that Assisted Outpatient Treatment (AOT) laws be passed in every State. AOT is formerly known as Involuntary Outpatient Commitment (IOC) and allows the courts to order certain individuals with mental disorders to comply with treatment while living in the community. In each of the mass shooting incidents the perpetrator was mentally unstable. We also believe that people who have been adjudicated as incompetent should be simultaneously examined to determine whether they should be allowed the right to retain/purchase firearms. 4. We support the return of firearm safety programs to schools along the lines of the successful Eddie the Eagle program, which can be taught in schools by Peace Officers or other trained professionals. 5. Recent social psychology research clearly indicates that there is a direct relationship between gratuitously violent movies/video games and desensitization to real violence and increased aggressive behavior particularly in children and young adults (See Nicholas L. Carnagey, et al. 2007. The effect of video game violence on physiological desensitization to real-life violence and the references therein. Journal of Experimental Social Psychology 43:489-496). Therefore, we strongly recommend that gratuitous violence in movies and video games be discouraged. War and war-like behavior should not be glorified. Hollywood and video game producers are exploiting something they know nothing about. General Sherman famously said War is Hell! Leave war to the Professionals. War is not a game and should not be sold as entertainment to our children. 6. We support repeal of the Gun-Free School Zones Act of 1990. This may sound counter-intuitive, but it obviously isnt working. It is our opinion that Gun-Free Zones anywhere are too tempting of an environment for the mentally disturbed individual to inflict their brand of horror with little fear of interference. While governmental and non-governmental organizations, businesses, and individuals should be free to implement a Gun-Free Zone if they so choose, they should also assume Tort liability for that decision. 7. We believe that border states should take responsibility for implementation of border control laws to prevent illegal shipments of firearms and drugs. Drugs have been illegal in this country for a long, long time yet the Federal Government manages to seize only an estimated 10% of this
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contraband at our borders. Given this dismal performance record that is misguided and inept (Fast and Furious), we believe that border States will be far more competent at this mission. 8. This is our country, these are our rights. We believe that it is time that we take personal responsibility for our choices and actions rather than abdicate that responsibility to someone else under the illusion that we have done something that will make us all safer. We have a responsibility to stand by our principles and act in accordance with them. Our children are watching and they will follow the example we set. The undersigned Quiet Professionals hereby humbly stand ever present, ever ready, and ever vigilant.

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