I have to be careful writing this so that it doesn’t come out the wrong way.  This is a purely academic exercise.  A stray thought let out to play but will be called back inside as soon as Dad notices.

1.  Inalienable right (from God):  Life.   Applies to everyone, but Atheists are free to surrender their own as a matter of conscience.  Oops, sorry.  I forgot that being an Atheist means never having to say you’re sorry… because you have no conscience.

2.  Natural right:  Self preservation.  Application of this law varies from place to place.   

3.  Constitutional Right:  2nd amendment right to keep and bear arms.  Specifically for the purpose of defending the community as an enabler for 1 and 2 above and to suppress the natural tendency of government to become tyrannical.  Specifically forbids the national government from restricting possession of guns by citizens of the USA.  it does nothing for aliens, visitors, and people who reside in other countries.  

4.  State Constitutional rights:  (read your own).  May or may not forbid your state and local governments ability to prevent you from enabling 1 and 2 above.

Nothing there about deer hunting or target shooting for the Olympics .  Nothing there as “exceptions”.  Nothing there about limited calibers or limited effects. 

So of course I am naturally peeved by those intellectual midgets who claim that the founding fathers only had black powder Brown Bess rifles so that is all that is protected.

Thus:   It is my awkward dream that one or more of the most offensive people on the other side might die tragically from a 58 caliber lead ball entering their vital organs at low velocity.  It would be ironic and poetic justice.  Of course it would never happen.  It would put the shooter at greater risk of both accomplishing his task and getting away with it.  But, more importantly, since we know that black power – weapons are not that dangerous, no one would ever die that way.  So this is just a pointless fantasy.  Similarly, those marlin lever-action “repeating rifles” in 45-70 Govt are nice fireplace decorations but could never be used to harm anyone. 

Obviously, I would never do such a thing.  I don’t own such a weapon and I am scrupulously law abiding when it comes to weapons.  I have never and would never use one irresponsibly.  For the record, I have pointed assault rifles at living human beings that I did not intend to kill.   I even pulled the trigger while doing so.  They did the same to me and we had dinner later together.  No harm done.  I used to do that a lot.  In the Army, we call it “training”.   So much for NRA safety rule #1.

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About Professor Hale

Currently living in Virginia
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6 Responses to Petards

  1. Cranberry says:

    petards, I think?

    The FFs saw weapons evolve and improve in their own lifetimes. There is nothing to suggest they thought the state of weaponry was going to remain static once the Constitution was ratified.

  2. Thanks for the correction.

  3. LL says:

    Hey, what happened to the weight tracker? Did you quit doing that diet plan?

  4. I have not quit. I am seriously considering it. but I committed to continueing it for science. I have another two weeks to go on the diet. I moved the tracking post into the “dieting” tab above just to keep the rest of the blog cleaner.

    I am already looking forward to real food again. But I am also moving into a new house in late march and will need my strength.

    Overall, my high weight was 204 so I am already down almost 30 pounds from that. And down 15 from when I started this particular experiment.

  5. Jean says:

    Nit-picking: the Brown Bess was a musket (smooth bore), not a rifle. :-) Don’t confuse the youngsters.

    Second Amendment recognized that self-defense was a right, it does not grant the right; it does limit the Government’s ability to disarm you. As noted to a state representative today, either the Constitution is or is not the final authority, can’t be both. This was noting supremacy clause WRT 2A: if the states can make restrictions on 2A, the Constitution isn’t the authority. If the Constitution IS supreme, states are bound by the same strictures.
    Though as my law professor said, the law doesn’t have to make sense, or be enforceable, or even consistent. (Which begs the question, Why bother?)

  6. You are correct that the Brown Bess was smoothebore.

    I happen to believe that teh federal constitution only restricts the powers of the federal government in general and the states by explicit exception. The bill of right were never intended to apply to the states. They each have their own constitutions for that.

    Supremacy only applies when the state and federal govts disagree in an area where the federal government has authority. In most cases, it does not. Guns are one of those areas where state law is superior to federal law. But as long as we have judges and lawyers who believe that the law is whatever they tell you it is, we are doomed.

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