Second Amendment Trumps All Other Constitutional Rights…Again

I want to preface this post by admitting that the attempt to articulate a deep, impotent sadness over the country’s bizarre and dangerous permissiveness of mass casualty gun violence will pale in comparison to the genius of Esquire’s Charles Pierce. Both of these pieces are worth a full read, but the titles alone suggest the feelings of many exhausted warriors in the battle to secure a right to life above the right to unload magazine clips on one’s fellow Americans:

Nothing Really Changed on That Ballfield Yesterday

When White People Realize American Politics Are Violent

In the former post, Pierce writes:

“If Sandy Hook wasn’t enough, Simpson Field is not likely to be, either. Until there’s no profit in hatred, until civility proves to be a ratings juggernaut, nothing will change. Until the instruments of mass killing are regulated as stringently as we regulate automobiles, nothing will change. Until we have as serious a conversation about the actual misuse of the Second Amendment as we are currently having about the alleged misuse of the First, nothing will change.”

In the second musing, Pierce says of Thursday night’s Congressional Baseball Game telecast on C-SPAN:

“The broadcast crew, from a Washington radio station, kept up the patter and there was a lot of talk about unity and civility, because that was the order of the day. And I continued to wonder where it was that all these people grew up.”

I have a close friend, Beth, who introduced me to the concept of losing one’s bones several years ago. You know that condition when a situation is so frustrating and hopeless, there’s just nowhere to put your feelings? So metaphorically, and oftentimes physically, the body cannot remain upright and hold its shape. The skeleton and soul collapse in on themselves, landing a person in a fetal crouch – without the reassuring comfort.

Many of us have lost our bones this week, simultaneously grappling with cognitive-dissonance inducing gratefulness that we still have cartilage left to shed. 51 year-old House Majority Whip Steve Scalise will survive his injuries with luck and quality medical care (a luxury available to members of Congress that Republican policy puts out of most Americans’ reach), but Wayne Chan ‘s life is over.

Who is Wayne Chan, you ask? A 56 year-old man murdered in a mass casualty event on the same day that Scalise was shot on an Alexandria, Virginia ballfield. Chan was an employee of a UPS facility in San Francisco, killed along with 50 year-old Bensen Louie and Michael Lefiti, 46. The names of these men deserve as much press as Scalise, not the least because none of them publicly carried water for the National Rifle Association. Earlier this week, New York Daily News writers Meera Jagannathan and Leonard Greene observed:

“In May 2015, he introduced the Firearms Interstate Commerce Reform Act, legislation that aimed to modify the criminal code to relax restrictions on cross-state gun sales — or, as he put it, eliminate ‘archaic red tape burdening gun owners who legally purchase firearms across the nation…’

‘The NRA thanks Rep. Scalise for his leadership in this important effort,’ the gun group said in a statement.”

Whenever the NRA expresses gratitude to loyal ambassadors of Second Amendment regulatory annihilation, you can be sure dead people will follow. All in the name of freedom (profits). In 2016, gun sales broke an 18-year record, with 28 million firearms purchased. That number does not encompass weapons acquired through theft or other illegal means. Although the list of verboten procurement methods grows ever smaller owning to the NRA’s wildly successful lobbying efforts.

It may be tempting to indulge the fantasy of chastened Republican (and Democrats) lawmakers currently in the pocket of Wayne LaPierre, undergoing a spiritual awakening in light of Scalise’s critical condition. But as another close friend of mine likes to advise with regard to magical thinking, “Wish in one hand, shit in the other. See which one gets full first.”

The false narrative doggedly peddled by LaPierre and his ilk remains unchanged in the wake of this week’s events – the only thing that stops a bad guy with a gun, is a good guy packing equal or greater heat. Evidence to the contrary be damned. Alabama Congressmen Mo Brooks, just hours removed from nearly meeting his Maker in Alexandria, said this to CNN:

“It’s never easy to take when you see people around you getting shot and you don’t have a weapon yourself so you are not in a position where you can help defend.”

There it is. The usual cynicism, impervious to reality. The answer is ALWAYS more guns.

Guess What Corporate Media? There’s More Than One Gun Lobby Worth Covering

everytown_final_logo

“Hell yes. The only thing that stops a cynical operation profiting from the death of innocent Americans is a positive operation, sick of the killing and ready to fight for change. Does the media possess the courage to cover the growing chorus of regular Americans calling for it?”

Click here to read the full article on the Contemptor website.

Florida’s “Stand Your Ground” Law: Not Guilty? (July 15, 2013)

Unless you’ve been hiding in a cave the last 48 hours (and given an increasingly depressing news cycle, who could blame you?), you’ve heard the news. Florida’s George Zimmerman was acquitted of the charge of second degree murder in the February 26, 2012 shooting death of 17 year-old high school student Trayvon Martin. A six-person, all-female jury found the prosecution unable to create reasonable doubt around the self-defense argument, and this was compelling enough to return a “not guilty” verdict.

If you spent any amount of time on Twitter over the last two days (full disclosure: I don’t tweet and never will), you might be tempted to confuse “not guilty” with “innocent,” but such is certainly not the case. No one, not even George Zimmerman, claims that Trayvon’s young life was brought to a premature end by another’s gun. No one disputes that the two men struggled during an altercation precipitated by the armed, hypervigilant chase of Zimmerman, even as 911 dispatchers cautioned him to relinquish pursuit. Not a soul contends that Martin was himself armed with more than a package of Skittles and a beverage on that fateful night.

A nation weary of gun violence, divergent police response in relation to ethnicity, and fearful of the implications of the verdict on the safety of young black men has come largely together to bemoan a miscarriage of justice. The problem, however, is that as current Florida law stands, the verdict was right on the money. And if we wish not to open a Pandora’s Box of similar tragedies, a growing gang of armed vigilantes deciding for themselves that any sort of perceived threat is license to open fire, we must focus our attention on repealing the law that begat this catastrophe.

In the interest of unedited disclosure, I am reprinting the terms of the Florida statute (“Stand Your Ground”) in full:

Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

If we cut through the legislative and legal jargon, what Florida’s law means in absolute practice is that an armed individual need only suspect possible illegal activity in relation to another’s personal property before drawing their weapon. And upon engaging the suspected perpetrator, if the investigating party feels at any time that their person or life is in jeopardy, they may proceed to open fire without the risk of prosecution.

In other words, any lay person with a gun in the Sunshine State is deputized and fully invested with the authority to check into malfeasance, and put an end to it with no training other than the guide of gut and emotions. The surprise then, is not that Zimmerman was found “not guilty” of second degree murder, but that he was even charged in the first place.

And indeed, local authorities initially declined to press charges before public furor erupted, rendering the possibility of doing nothing so much PR hari kari.

And exactly who do we have to thank for the increasing prevalence of “Stand Your Ground” type laws, which now exist in some form in 24 U.S. States? The gun lobby of course, more specifically the NRA, which occupies its usual place at the intersection of Second Amendment overreach and the compromise of public safety. Permit me to quote from a March 31, 2012 ABC News story: “Do a quick search for ‘Stand Your Ground’ on the National Rifle Association’s website and the first video result features the story of a Florida man exonerated of murder charges in January 2012 under the State’s ‘Stand Your Ground’ law.”

Writer Michael Ono goes on to observe: “The pro-gun group championed the passage of the original law in Florida back in 2004 and lobbied to pass similar legislation in other states, according to the Center for Public Integrity. In light of the recent controversy, the NRA has stalled its lobbying efforts in to pass the law in Alaska, according to Bloomberg News.”

The NRA has long been aware of the emotion of fear as a great motivator, and in most cases, the motivation is increased gun sales. When will we as a nation get wise to the truth? Though the NRA membership includes thousands of sane, law-abiding citizens who are safely in observance of their Constitutional rights, the Association’s bureaucratic and lobbying arms are not reflective of these ideals. Were I a gun owner myself, I might consider it high time to withhold my annual dues until Wayne LaPierre and his ilk get out of the business of state sanctioned death as a method of increasing sales.

George Zimmerman: “not guilty,” according to strict tenets of the law maybe, but by no means innocent. The NRA and “Stand Your Ground” laws: Zimmerman’s accomplices with Trayvon Martin’s blood all over their hands.