ANOTHER CLICHE ABOUT GUNS -
HAPPINESS IS A WARM ONE ??
The Beatles sang in the "White Album" -
The Beatles sang in the "White Album" -
"Happiness is a Warm Gun."
Carole King sang in "Tapestry" -
"You can't talk to a man with a shotgun in his hand"
Do we have to distinguish between Right and Violence?
1791 - The First Ten Amendments to the Constitution.
THE SECOND AMENDMENT, UNITED STATES CONSTITUTION OF 1789,
"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."
As a retired Military Officer, obviously I believe in the sanctity of this Amendment.
As an Attorney and Home Owner, I have to warn my fellow citizens what may not be so obvious.
The right to BEAR ARMS does NOT IMPLY THE RIGHT TO SHOOT PEOPLE.
As a retired US Army JAG, it is important to emphasize that even Armed Forces of the USA in uniform of full combat battle array, must comply with the Rules of Engagement. That means you can only shoot when you are allowed to shoot.
Please remember both Tom Cruise military movies to date.
"Top Gun" and "A Few Good Men."
In both movies there was an underlying element of the Rules of Engagement.
"Cougar" asked for permission to fire on a fictitious Soviet aircraft harassing his F-14 TOMCAT.
The response of the Ship Commander was:
"Negative. Do not fire unless fired upon."
This was "Rules of Engagement" of that military operation.
See thhe film "Rules of Engagement", (2000) Tommy Lee Jones, Samuel L. Jackson, Guy Pearce, Ben Kingsly.
The film is an enlightening Military JAG court room drama on the subject.
It has interesting ties between the Cold War-Vietnam era and today's mideast terrorism - diplomatic scenario. Exciting flick.
The average first bullet into any intruder may cost you time and money in defending your shooting position.
Self defense and Defense of Property vary from State law to State law. Then there are dozens or even hundreds of cases defining the defenses further.
You may have the burden of proof to prove you had the RIGHT TO SHOOT.
The dispute over these issues has been raging now for many years since 1791 when they were ratified.
Weapons will always be a challenge for society.
Will the current Constitution of the United States of America of 1789 always be the law?
Did the Founders intend for it to last this long?
Would the Founders be astounded to learn their document was still the law in the 21st Century?
It was Law Day, May 1, 1987, Fort Riley, Kansas.
Winter on the Great Plains of America was over.
Spring arrived.
The US Army, Staff Judge Advocate Office (SJA),
First Infantry Division, (1stID)
hosted a wonderful and entertaining debate by two actors in Authentic costume of the 1700's at the Officers Open Mess and Officer's Club.
One actor portrayed Thomas Jefferson.
The other was Alexander Hamilton.
They debated a scholarly issue of FEDERALISM in the era of President Ronald Reagan.
To all Lawyers, this is exactly like a fight between
"Rocky" and "Ali."
It is classic.
It is orgasmic.
It defines the Law of the USA.
I have to ask all readers of this short article a question.
Would the Founders believe it is time to write a
NEW CONSTITUTION of the USA?
I have to wonder,
Would Thomas Jefferson say that he and his colleagues wrote "A Constitution for Our Time."
"You now have to write one for your time?"
I will leave that issue for another blog Somme day.
But then there was that episode of "Alfred Hitchcock Presents."
Do we have to distinguish between Right and Violence?
1791 - The First Ten Amendments to the Constitution.
THE SECOND AMENDMENT, UNITED STATES CONSTITUTION OF 1789,
"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."
As a retired Military Officer, obviously I believe in the sanctity of this Amendment.
As an Attorney and Home Owner, I have to warn my fellow citizens what may not be so obvious.
The right to BEAR ARMS does NOT IMPLY THE RIGHT TO SHOOT PEOPLE.
As a retired US Army JAG, it is important to emphasize that even Armed Forces of the USA in uniform of full combat battle array, must comply with the Rules of Engagement. That means you can only shoot when you are allowed to shoot.
Please remember both Tom Cruise military movies to date.
"Top Gun" and "A Few Good Men."
In both movies there was an underlying element of the Rules of Engagement.
"Cougar" asked for permission to fire on a fictitious Soviet aircraft harassing his F-14 TOMCAT.
The response of the Ship Commander was:
"Negative. Do not fire unless fired upon."
This was "Rules of Engagement" of that military operation.
See thhe film "Rules of Engagement", (2000) Tommy Lee Jones, Samuel L. Jackson, Guy Pearce, Ben Kingsly.
The film is an enlightening Military JAG court room drama on the subject.
It has interesting ties between the Cold War-Vietnam era and today's mideast terrorism - diplomatic scenario. Exciting flick.
The average first bullet into any intruder may cost you time and money in defending your shooting position.
Self defense and Defense of Property vary from State law to State law. Then there are dozens or even hundreds of cases defining the defenses further.
You may have the burden of proof to prove you had the RIGHT TO SHOOT.
The dispute over these issues has been raging now for many years since 1791 when they were ratified.
Weapons will always be a challenge for society.
Will the current Constitution of the United States of America of 1789 always be the law?
Did the Founders intend for it to last this long?
Would the Founders be astounded to learn their document was still the law in the 21st Century?
It was Law Day, May 1, 1987, Fort Riley, Kansas.
Winter on the Great Plains of America was over.
Spring arrived.
The US Army, Staff Judge Advocate Office (SJA),
First Infantry Division, (1stID)
hosted a wonderful and entertaining debate by two actors in Authentic costume of the 1700's at the Officers Open Mess and Officer's Club.
One actor portrayed Thomas Jefferson.
The other was Alexander Hamilton.
They debated a scholarly issue of FEDERALISM in the era of President Ronald Reagan.
To all Lawyers, this is exactly like a fight between
"Rocky" and "Ali."
It is classic.
It is orgasmic.
It defines the Law of the USA.
I have to ask all readers of this short article a question.
Would the Founders believe it is time to write a
NEW CONSTITUTION of the USA?
I have to wonder,
Would Thomas Jefferson say that he and his colleagues wrote "A Constitution for Our Time."
"You now have to write one for your time?"
I will leave that issue for another blog Somme day.
But then there was that episode of "Alfred Hitchcock Presents."
Two veteran well trained detectives did everything to find the attack weapon on the Husband.
They interviewed the widow wife for weeks and weeks.
They searched the property and home for weeks and weeks.
The two detectives were there so often and so long, the widow began to cook for them.
She served them a fantastic LEG OF LAMB ROAST.
It had been frozen solid for weeks and weeks.
THEY ATE THE ATTACK WEAPON.
You can take away their guns eventually.
You may somme day rescind and revoke the right to bear arms of the Constitution of the USA.
How do you take away the attitude needed to use one in violence and aggression?
Talk to Abel about Cain.
The Lord God was the very first detective on that case.
You can read all about the case in Genesis of your Holy Bible.
The first recorded attack was done in the living presence of the Lord Thy God.
No guns were needed.
Is it a mistake to disarm America?
Would that be the absolute opposite way to go?
Is every enemy of the USA secretly hoping we do that?
What if there was National Gun Registration and Training requirement?
All Americans would have to Register each and every gun, pass a rigorous training course test. Owners would pay registration tax fees for each and every gun each year just as they do with their vehicles, boats and trailers. Sales would be done just as they are with the latter.
Along with the local Department of Motor Vehicles (DMV), there would a Department of Firearms Authorization (DFA) in each state Government.
This would be a new growth industry.
Such regulations would spark local industry and business to meet the demand by fostering local Gun Clubs.
This would stimulate commercial Arms Rooms to house and protect individual weapons from deterioration, rust, illegal use, accidents and theft.
Everyone wins.
Is it a mistake to disarm America?
Would that be the absolute opposite way to go?
Is every enemy of the USA secretly hoping we do that?
What if there was National Gun Registration and Training requirement?
All Americans would have to Register each and every gun, pass a rigorous training course test. Owners would pay registration tax fees for each and every gun each year just as they do with their vehicles, boats and trailers. Sales would be done just as they are with the latter.
Along with the local Department of Motor Vehicles (DMV), there would a Department of Firearms Authorization (DFA) in each state Government.
This would be a new growth industry.
Such regulations would spark local industry and business to meet the demand by fostering local Gun Clubs.
This would stimulate commercial Arms Rooms to house and protect individual weapons from deterioration, rust, illegal use, accidents and theft.
Everyone wins.
