I am writing to express my opposition to any renewal or extension of the co-called Assault Weapon Ban that is set to sunset in September 2004. My opposition is based primarily upon my views of the role of government vis a viz it citizens, and my strong belief that one of the best means to assure that the government rules by consent of the people is to ensure that the people have the means of defending themselves from all threats, domestic and foreign.
The Second Amendment in the Bill of Rights grants the citizens of the United States an inalienable right to bear arms. This protection is not for recreation or sport. It stands as the original “homeland defense” envisioned by the founding fathers. Semi-automatic (i.e., non-machinegun) firearms based on reliable and time-honored military designs are arguably the most effective tool we can place in the hands of law abiding citizens as a deterrent against crime, terrorism, tyrrany, and our ever growing list of international enemies. Judge Kozinski of the 9th Circuit Court of Appeals recently discussed this issue with far greater eloquence than can I. He wrote that it is important not to fall "prey to the delusion . . . that ordinary people are too careless and stupid to own guns," and the delusion that we "would be far better off leaving all weapons in the hands of professionals on the government payroll." Judge Kozinski has identified, I think, the mindset behind the Assault Weapons Ban and far too many gun laws. He has also identified the flaw in such reasoning:
[i]The simple truth—born of experience—
is that tyranny thrives best where government
need not fear the wrath of an armed people.
Our own sorry history bears this out:
Disarmament was the tool of choice for
subjugating both slaves and free blacks in
the South. In Florida, patrols searched blacks’
homes for weapons, confiscated those found and
punished their owners without judicial process.
See Robert J. Cottrol & Raymond T. Diamond,
The Second Amendment: Toward an Afro
Americanist Reconsideration, 80 Geo. L.J. 309,
338 (1991). In the North, by contrast, blacks
exercised their right to bear arms to defend
against racial mob violence. Id. at 341-
42. As Chief Justice Taney well appreciated,
the institution of slavery required a class
of people who lacked the means to resist. See
Dred Scott v. Sandford, 60 U.S. (19 How.) 393,
417 (1857) (finding black citizenship
unthinkable because it would give blacks the
right to “keep and carry arms wherever
they went”). A revolt by Nat Turner and a few
dozen other armed blacks could be put down
without much difficulty; one by four million
armed blacks would have meant big trouble.
All too many of the other great tragedies of
history— Stalin’s atrocities, the killing
fields of Cambodia, the Holocaust, to name but
a few—were perpetrated by armed troops
against unarmed populations. Many could
well have been avoided or mitigated, had the
perpetrators known their intended victims
were equipped with a rifle . . . . If a few
hundred Jewish fighters in the Warsaw Ghetto
could hold off the Wehrmacht for almost a
month with only a handful of weapons, six
million Jews armed with rifles could not so
easily have been herded into cattle cars.
Judge Kozinski continued:
The prospect of tyranny may not grab the
headlines the way vivid stories of gun crime
routinely do. But few saw the Third Reich
coming until it was too late. The Second
Amendment is a doomsday provision, one
designed for those exceptionally rare
circumstances where all other rights have
failed—where the government refuses to stand
for reelection and silences those who protest;
where courts have lost the courage to oppose,
or can find no one to enforce their decrees.
[b]However improbable these contingencies may
seem today, facing them unprepared is a mistake a free people get to make only once.
[/i][/b]
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I believe Judge Kozinski has it exactly right.
Restrictions on ownership of weapons, particularly as in the case of aesthetic criteria as with so-called "assault weapons" also leave the law-abiding citizens at the mercy of the unlawful. The courts of law in our country have decided that police departments cannot be responsible for the protection of everyone. Able citizens should be encouraged to take up and become trained in the safe handling and legal operation of firearms for the safety of themselves and our country.
Finally, Senator Cantwell, I want to urge importance of enforcing vigorously all of the protections in the Bill of Rights, lest the entire instrument lose its effectiveness as a bulkward for liberty and freedom. This is an issue where, I think, the Democaratic party -- while appealing to me on other issues -- has been particularly disappointing and generally loses my vote. As the protectors of freedom and individual rights, you should consider how the persistant disregard of the Second Amendement has eroded the rest of our fundamental protections. If the type of legislation currently applied to firearms were applied to free speech under the First Amendment, then we would be seeing bans on high-capacity newspaper vending machines. Or, we would be seeing legislation against printing presses that are any more modern than the type of presses used by the founders. Computers and the internet, which as I remember stand as the source of much of your own personal wealth, would be viewed as simply too powerful for "mere citizens" to use, and would be restricted to government and law enforcement use only. Already, the other amendments in our Bill of Rights are losing vital strength. I wonder, Senator, whether John Ashcroft's justice department would have been able to so broadly expand its powers, purportedly in the interest of fighting terrorism, if not for the already draconian gun laws in this country.
Please vote against any efforts to extend, add to, replace, or reenact the so-called Assault Weapons Ban in any form. The original 1994 enactment was an uncommonly bad and outright unconstitutional law that has done not a single thing to impact crime. It is high time that the absurd law be allowed to pass into obscurity whence it belongs.
Very truly yours,
________________________
Constitent