First, We Kill All the Dogs

Well, I think the line has finally been crossed.  Tonight I’m going to start looking into what it takes to purchase a gun or two.

I’ve been resistant to the idea of owning a gun.  I’ll be frank: guns scare me.  When I was a kid, my father taught me to shoot one, but seeing what a gun could do just made me realize I wanted to be far away from them and have nothing to do with them.

Unfortunately, the type of gun I really need is not available to me, because I live in a Nation of Laws which, when it isn’t busy violating it, simply ignores its own Constitution.

Because what I really need is a weapon that will allow me to fight my own government, and they have some pretty damn big guns.

The Second Amendment to the United States Constitution notes:

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.

Of course, the right of the people to keep and bear Arms is routinely infringed.  By “law.”  In California, for example, the people are currently allowed to bear Arms, but since the Second Amendment forgot to expressly mention the ammunition that goes with it, the guns must be unloaded. A lot of good being able to bear unloaded Arms does.

Of course, when the Revolution starts, California can go fuck itself.

At any rate, as Scott Greenfield, Radley Balko, Jeff Gamso, Norm Pattis, Robert Guest and Brian Tannebaum have done, so do I bring you this disgusting video:

The police in the video followed the “accepted procedure” of our courts, announcing themselves (under cover of darkness) giving the occupants a few seconds to rouse themselves before busting down the door, rushing in and shooting the family dog.  Apparently, the dog must have refused to comply with their orders even after being shot, because after a brief pause several more shots are fired into the dog, silencing its screeches of pain.

Fortunately, they appear to have missed the children.

The officers are dressed in exactly the type of outfit that would have roused George Washington, Thomas Jefferson, James Madison, Elbridge Gerry and the thousands of other Founders of our nation to go to war against their government.  And anyone who doesn’t think these men would go to war against the government under circumstances like we face today simply doesn’t know much about the history of this country.

This is one reason the government wants to ensure that you do not exercise your right to bear arms.

George Washington, for example, reportedly said:

Firearms stand next in importance to the Constitution itself. They are the American people’s liberty teeth and keystone under independence. From the hour the Pilgrims landed, to the present day, events occurrences and tendencies prove that to ensure peace, security and happiness, the rifle and pistol are equally indispensable. The very atmosphere of firearms everywhere restrains evil interference – they deserve a place of honor with all that’s good.

In actuality, there is no reliable evidence that Washington made this statement.  But he should have.  Because it’s true.  “Firearms stand next in importance to the Constitution itself.” They are our “liberty teeth” intended to protect us against our own government. The reason we have the right to bear arms is in case we need to shoot back at our own government.  This is why the right belongs to “the people” as the right of each one of us.

Don’t believe me?  You don’t think the Founders thought we might need to protect ourselves from our own government?  They frequently made comments about the fact that one thing that made America different, and unlikely to fall to a tyrannical government, was the fact that Americans own guns.

James Madison wrote in Federalist No. 46, that people had nothing to fear from the federal government partly because of “the advantage of being armed, which the Americans possess over the people of almost every other nation….”1

Thomas Jefferson, third President of the United States, said,

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it’s natural manure.2

And Jefferson also said, in that same letter,

What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance?  Let them take arms.3

Even Noah Webster, of Merriam-Webster (yes, the dictionary) fame, said,

Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme Power in America cannot enforce unjust laws by the sword, because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States.4

In 1873 — admittedly now taking us out of the realm of the Founders — a Justice of the United States Supreme Court, Justice Story, wrote that:

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.5

Story was, however, citing Tucker — as would our current Supreme Court in the 2008 case of District of Columbia v. Heller — and Tucker was writing in 1803, shortly after the founding of the United States.  And while I can’t say the same for our current Supreme Court, Tucker was no nutcase.  In a time when integrity, intelligence and honor were still the best guarantee of success, he was a judge of the Virginia Supreme Court and later the United States District Court in Virginia.

But, again, views like these are the reason why our government wants to take away our right to own weapons, or, in the alternative, wishes to limit the types of weapons we can own.  The Founders, by the way, talked about that, too.  They knew that tyrannical governments first work to disarm their citizens.  Today, that starts by making sure the weapons available to us are not nearly as powerful as the ones the government uses to shoot our dogs.

This move needs to be resisted politically.  We can vote out any politicians who try to limit our right to own weapons powerful enough to protect us against them.  For as Rich Mason of Tennessee put it,

If the arms of the soldiers of this era are automatic rifles, machine guns and sub-machine guns then it is the right, in fact the obligation, for the citizens of this country to possess such arms themselves. It is laughable on its face, as some have stated, that the Second Amendment would grant to us the right to only have flintlocks or muskets, such weapons as were in use at the time of our countries founding, to defend ourselves against an armed force raised by the government to oppress us, or to defend against an invading enemy. … If anything, we have the rights to limit the governments use of technology, not the other way around.6

And, frankly, to those apologists for the police who frequent this site, there is no excuse for the increasing militarization of our police force and for their willingness to shoot defenseless citizens and their puppies.

I echo the words of Norm Pattis:

So if you are thinking about bursting into my home with or without a warrant, be forewarned: Shoot to kill my dogs, and I will shoot to kill you. Period.

And if anyone has a recommendation on a good weapon, drop me an email.  Unfortunately, for now — I am an attorney until the Revolution starts, after all — I’m looking for one that’s powerful, but strictly legal.  Still, it needs to be a good one: Fresno’s police department is fond of shooting citizens, as well as dogs.

Oh, yeah, in fairness I think I have to mention: the little “war on drugs” involving the cops who busted down the Missouri family’s door and shot what I understand was a Corgi were ultimately able to charge the homeowner with misdemeanor possession of marijuana.

That’s right: misdemeanor.


Endnotes:

  1. The Federalist Papers, No. 46, at p. 296 (James Madison) (Clinton Rossiter, ed., Signet Classic 2003). []
  2. Thomas Jefferson, letter to William Stephens Smith, November 13, 1787.—The Papers of Thomas Jefferson, ed. Julian P. Boyd, vol. 12, p. 356 (1955). []
  3. Jefferson, supra, letter to William Stephens Smith. []
  4. Webster, An Examination into the Leading Principles of the Federal Constitution, in Pamphlets on the Constitution of the United States (P. Ford ed., 1888) 25, 56. []
  5. Joseph Story, Commentaries on the Constitution of the United States: with a Preliminary Review of the Constitutional History of the Colonies and States Before the Adoption of the Constitution (1873) p. 620.  Story cited to 1 Tuck. Black. Comm. App. 299 for this.  It is worth noting that in the recent United States Supreme Court case of District of Columbia v. Heller (2008) 128 S.Ct. 2783, 2805 [171 L.Ed.2d 637] cited this same quote from St. George Tucker’s version of Blackstone’s Legal Commentaries in support of its opinion that the right to bear arms was personal; i.e., that individuals and not just militias, have the right to bear arms. []
  6. Rich Mason, “Why the Right to Keep and Bear Arms is Important to You” (1999) available online at http://www.tennesseefirearms.com/articles/rkba_important.asp, bold-face emphasis in the original. []

About Rick

Rick Horowitz is a criminal defense attorney with an extreme dislike of the criminal "justice" system which routinely ignores the Constitution, the Law, and the lives it ruins.

In addition to this blog, Rick also writes at Fresno Criminal Defense.

Comments

  1. I’d go with a shotgun. It’s much more powerful than any handgun and much easier to hit what you want. You can also load it w/ birdshot, which won’t penetrate through your walls or windows far enough to hurt your neighbors. 12gauge shotguns have some kick, so I would get a local birdhunter to show you how to shoot it (key is to hold firmly, but relax your shoulder/upper body so it flows back with the kick — the bad way is to tense up, so you just pound your body w/ the blunt stock). However, you can even go with a 20gauge, which will be manageable even at a novice level and still be powerful enough. Even a “minor” hit from a shotgun will likely be debilitating.

    Whatever you do, buy a bunch of ammo and go shoot at the range so you can handle it well. Be careful who you take advice from at the range however, guns seem to attract posturing idiots.

    Good luck!

  2. allen thomas cummings says:

    Brilliant, im glad to hear, even in type, people saying the things that need to be said. i hate guns too, but youre right, how else can you protect yourself from the authorities. the cynic in me would like to point out that you better get yourself some icbms and slave prison system infrastructure while youre at it though, you know if more than a few took this seriously youd already be in jail. (being in the legal field maybe not jail, guantanamo enemy combatant status maybe?) great article though, when everyone can agree on this ill sleep better, even to a chorus of gunfire. oh yeah, shotty, best for home defence, well the only gun ive ever fired actually, but what about when you leave home?

  3. First, guns don’t work very well against governments, but as we see here, cameras do. The camera is the new “gun”. Second, I would get a copy of the search warrant, find out who the judge is, publish his/her picture and Bio with a imbed of the video. Try to get some ambush journalism featuring this “judge”. Imbed those videos. Do whatever voters can do in that jurisdiction to get the idiot off the bench. The only way that we can protect the 4th amendment is go make these judges accountable. If all they do is sign warrants without testimony or even reading them, then more of this stuff is bound to happen.

  4. I really liked my 9mm Ruger, but, as a left-hander, I seem to recall that the brass was ejected toward my face. I now have a .38 revolver, and don’t practice enough, but if you’re within 15 feet of me, look out!

    “D E” is right about a shotgun – you don’t have to be perfect in your aim in order to hit something. The trouble with a shotgun is, it may be YOU who ends up hitting your pets. He’s right about taking advice at the shooting range, too. In fact, that applies to advice in general, so that’s enough from me on that.

    I am sick to death at the erosion of our personal freedoms in this country, and greatly fear the ongoing battle to disarm the citizens. I like “Steve’s” suggestion regarding cameras and documentation. Voting can still be a powerful weapon if we are prepared to use it to defend ourselves.

    Keep writing, Rick! And let me know when you want to go gun shopping.

  5. I’m with Norm Pattis.

  6. Busting down doors and killing pets has become standard operating procedure for “law” enforcement all across America. Here is another example http://www.cbsnews.com/stories/2008/08/08/national/main4331948.shtml

    A 357 Magnum round goes right through body armor. A shotgun and a 9mm do not. Of course, if you shoot a member of “law” enforcement who busts down your door in the middle of the night without taking time to announce that he is “law” enforcement, once known as peace officers, you will be prosecuted even if the enforcer was busting down a door at the wrong address. If you don’t believe me, see http://reason.tv/video/show/mississippi-drug-war-blues

    Still, there is a slim chance that you may be able to convince a jury that you did not know that a cop was busting down your door. However, in most cases, once you shoot a cop, you will not make it to trial. Three people who killed cops in the last couple of years in Florida ended up with over a hundred rounds fired into them.

    If you don’t think that cops would break the law, you might be surprised to know that every day, right here in the “good” old USA, hundreds of Americans are beaten and raped by U.S. “law” enforcement and an average of two are murdered by U.S. “law” enforcement. If you don’t believe me, see the admissions by Congress and the DOJ in Why does the U.S. Government Torture People? at http://dailycensored.com/2009/06/24/why-does-the-u-s-government-torture-people/

    If you want to know how those in government get away with violating our rights and ignoring our wishes, see Why Does the Government Ignore Our Wishes? at http://dailycensored.com/2009/09/11/why-does-the-government-ignore-our-wishes/ and don’t miss my 18 minute speech.

    If you take a look, you’ll learn why those in power and those who can influence them get away with violating our rights, abusing their power, and committing horrible crimes. My article on torture includes a link to the U.S. Supreme Court case which explains how one of our stolen rights makes the difference between justice and injustice, between freedom and slavery.

    For more on what the Founders might think of the “law” enforcement that we face today, check out a law review article which was published in the Seton Hall Constitutional Law Journal. By the way, Seton Hall is a top ranked law school. See Are Cops Constitutional? at http://www.constitution.org/lrev/roots/cops.htm

    If you do read Are Cops Constitutional, you will find that a couple of U.S. Supreme Court Justices acknowledged that contraband was often planted by “law” enforcement to make arrests. I’m just surprised that these cops only had a misdemeanor amount available to plant on this family in the banana republic of Missouri.

  7. stupidamerkin says:

    These nazies are out of control sanctioned by the courts, (dens of corruption) across this country. Where the hell are the sheriff’s or are they all criminals too. I could not and would not finish watching your video. It is unimaginable how we have morphed into police states with their local empires that continue to rob and fleece the people under the color of law and the disguise of respectability. Most of these so called law enforcement officers are nothing more then paid thugs. These criminals don’t even know the first article of the bill of rights even though they signed an oath to serve and protect and everyone thinks this is ok or just the way it is and it’s business as usual. I could show you example after example of text book nazi fascism across this country. Welcome to AMERIKA