The Chan case is of particular interest today. Many well meaning people are upset by the media blitz concerning the separation of children from their mothers. The hue and cry was virtually zero up until the media found that the Trump Administration *****.
I am not arguing for any policy, except equal protection under the law. Equal protection of the law is a hallmark of America that the Political Elite from time to time ignore to foster political expediency.
The DEMAGOGUES have staked a position fueled by half truths and deception. People who resort to this type of tactic are a clear and present danger to democracy and follow the tenets of our enemies.
The Obama administration placed children in cages not because they were monsters or precursors of the Trump Administration – they were following the law. The law as written is indeed harsh, and was engaged by congress. Congress when it enacted the law thought it was acting in good faith and indeed most of the good people who address this charged political situation agreed. Only the hypocrites and demagogues have closed minds.
The law separating children from the parents accused by our society of committing crimes has its origins in parents patrie. It is cruel and unusual punishment to submit a child to prison because the parent has been charged with a crime. The harsh conditions of prison were deemed not appropriate for children, ergo children are relegated to the care of close relatives or government protected facilities. The law is generic and makes no exception for people illegally trying to enter the United States.
The ploy of seeking amnesty/Asylum is in most situations exactly that. Under Law Asylum is not an option, unless it is Mexico (i.e. the country of origin) that is threatening the life of the applicant. Indeed, you and I have had experience with Amnesty/asylum .
Chan, was an engineer by trade living in China. The Red Guard went on a government sponsored rampage and killed all of his family except his grandmother and he. He was shipped to a camp for retraining. When he returned he returned to his job as an Engineer; however, it was not long and the Red Guard became active again. This time they killed grandmother and Chan barely escaped with his life to Hong Kong.
For a finite period of time Chan resided in Hong Kong; however, with the Red Guard sentence of death it was not long before his life once again was in clear and imminent danger. The family arranged for Chan to obtain employment on a Ship (as a seaman) and to travel to the United States. When the Ship arrived in the US, Chan slipped over the side and began his new life. He sought employment in his engineering trade.
As the US takes a dim view ASIAN illegal entry, INS 7 years later seized Chan, he was arrested and charged with the crime of making an illegal entry into the United States. Chan was ordered deported but before this could occur the family arranged for him to come to Chicago. In Chicago the family made the rounds of the immigration bar in anticipation that Chan would be rounded up again. The Bar told the family that Chan was "dead meat" and would be going back to his DEATH in China via Hong Kong.
When Chan was arrested he was immediately prepared to be expelled from the US. I was retained and I filed a petition in the Administrative Court provided by INS. I asked for suspension of the deportation order based upon the fact that Chan’s life was forfeit the second that he arrived in the orient.
The ASA, and the Judge were amused by my petition. The judge ridiculed me by asking me if I knew something that he did not know. I informed him that indeed I did, but assured him that he also knew things I did not know. The Judge then asked me if there was a foreign relations problem with Britain that he had not heard of informing me that the last conflict we had was in 1812. Under the law to be entitled to HC or amnesty Chan would have to prove that the elements required were all in play NOW! The amnesty/protection would then be afforded Chan as they related to the country that he was going to be deported to! In other words – the fact that China would kill Chan on sight, he was not going to be deported to China – he was going to be deported to Hong Kong – Hong Kong was administered to by England. As we had no current problem with England and England was not a danger to Chan my plea was 180 degrees wrong. My petition was to be denied. CHAN WAS GUILTY OF A SERIOUS CRIME – i.e. entry into the United STates illegally – he could either be sentenced to jail or deported. The government chose to deport him. (I recall that Chan had married and had a young child – however, this issue was not raised or considered – Chan would have been separated from his child under our law. If Mrs. Chan was illegal both would have been separated = the child is a CITIZEN and cannot be removed without the consent of his parents. The family would be reunited when returned to the country of origin)
With hat in hand I asked for 24 hours to amend my petition. I read the statute word by word and was confronted with the proposition that Chan having been in the United STates and acting as good person was eligible to a hardship consideration. I presented a "hardship" petition. It was granted and Chan was given a priority admission to the United States from Toronto – Canada.
As you are aware, I was delighted and spraining my arm patting myself on the back when I realized that to get in Canada Chan needed PAPERS. I tried the Chinese– they invited Chan and me to the consulate to talk – I knew that Chan once in the consulate would be a prisoner, so I declined. The US government refused to grant me any considerations and in fact I was told: "If you don’t know what you are doing, you should not do it" I had on the surface no way to get into Canada. The smart ass ASA suggested that I sneak Chan into Canada.
I did not sneak Chan into Canada. As you recall I complied with Canadian Law and accomplished my goal. (I called the Canadian immigration and arranged for an exclusion hearing for Chan – the hearing was scheduled for late in the afternoon so that it had to be adjourned until the next day.) Mr. Chan was paroled into my custody and we went to the American consulate, picked up the papers required for the priority entry, returned to the Court, agreed to the exclusion and Chan was deported to the United States complete with the documents necessary to complete a priority LEGAL admission.
Chan has since become a citizen of the United States of America.
The pictures of caged children and the wild allegations of the demagogues are all political deceptions calculated to advance the political adventures of dishonorable members of the Political Elite and no friends of the proposed immigrants. The hate mongering and intolerance is deplorable and the concern for the immigrants is an oxymoron. If the demagogues had a scintilla of humanity in them, they would address the problem honestly and directly – however, they do not want to do so.
As an example, the demagogues could propose a bill in congress to exempt the immigration scenario from the parens patrie separation of children from their families! Watch – not one of these miscreants will join in proposing legislation or passing such legislation — it is easier and more profitable to continue their policy of deception and fraud.
Arch Scammer Winston Shrout’s defense team is just Full of tricks, getting the sentencing postponed again. A grand jury indicted him, the Oregon USDC tried him, a jury of his peers convicted him, and he has skillfully avoided sentencing for over a year.
Anna Reizinger, Pope of Cow Plop, your future is calling.
Jury Verdict as to Winston Shrout regarding Winston Shrout (1) Guilty on Count 1s-7s,8s-10s,11s-13s,14s-19s. (bp) (Entered: 04/24/2017)
Here are the most recent docket entries, showing an effort to get him declared mentally incompetent. He must be crazy to spread cow plop regarding paying debts and taxes with international bills of exchange and harvesting unwarranted tax refunds through the 1099-OID scam.
ORDER by Judge Robert E. Jones Granting 123 Third Motion to Continue Sentencing Hearing Date as to Winston Shrout (1) for the compelling reasons submitted in defense counsel’s materials. The Court advises there will be no further extensions for any reason. Sentencing is set for 5/17/2018 at 10:00AM in Portland Courtroom 10A before Judge Robert E. Jones. Sentencing set for 2/20/2018 at 11AM is STRICKEN. (bp) (Entered: 01/23/2018)
Unopposed Motion for Authorization to Travel by Defendant Winston Shrout. (Iniguez, Ruben) (Entered: 03/07/2018)
AMENDED ORDER by Judge Robert E. Jones Granting 127 Motion for Authorization as to Winston Shrout (1) to travel per request in the defendant’s motion and return before his scheduled sentencing on May 17, 2018. ORDER allowing Pretrial Services to return the defendant’s passport and defendant to return the passport within 72 hours of his return. (bp) Modified on 3/12/2018 regarding passport (bp). (Entered: 03/08/2018)
Motion For Leave To File Reply Memorandum In Support of Motion for Hearing To Determine Mental Competency Under Seal by Defendant Winston Shrout. (Iniguez, Ruben) (Entered: 04/25/2018)
ORDER by Judge Robert E. Jones Granting 136 Motion For Leave To File Reply Memorandum In Support of Motion for Hearing To Determine Mental Competency Under Seal as to Winston Shrout (1). (bp) (Entered: 04/25/2018)
Scheduling Order by Judge Robert E. Jones as to Winston Shrout. Oral Argument is set for 5/7/2018 at 11:00AM before Judge Robert E. Jones in Portland Courtroom 10A. (bp) (Entered: 04/26/2018)
Minutes of Proceedings: Granting 129 Motion for Hearing as to Winston Shrout (1). A hearing will be set after the expert witnesses are available for a hearing. Motion Hearing before Judge Robert E. Jones as to Winston Shrout held on 5/7/2018. Sentencing hearing set for 5/17/2018 at 10AM is STRICKEN and will be reset at a competency hearing. ORDER: The court is ordering a competency evaluation by Dr. Lopez at OHSU with a report due no later than 6/29/2018. A competency hearing will be set in July after the evaluation has been completed. ORDER: Defense counsel will submit an unredacted copy of Dr. Martin’s report to the Court. Stuart A. Wexler, Lee Langston present as counsel for plaintiff(s). Ruben L. Iniguez present as counsel for defendant(s). (Court Reporter Jill Jessup.) (bp) (Entered: 05/07/2018)
Crooked attorney Neil Garfield, ever concerned about public exposure to crooked or incompetent attorneys, writes to readers of his Living Lies blog:
Warning: Conduct your Due Diligence on ANY Attorney you Hire
by Neil Garfield Before you hire ANY attorney for a phone consultation, to conduct an analysis of your case, or retain them to represent you, please conduct your due diligence first. A simple google search with their name will usually suffice.
In fact, before you hire Neil Garfield for a consultation, case analysis, or other legal matter I suggest you conduct your due-diligence like you would when hiring any professional.
Always use caution if the Bar has publicly reprimanded an attorney.
JAX DAILY RECORD MONDAY, AUG. 1, 2016 12:00 PM EST
Supreme Court disciplines 32 attorneys
The Florida Supreme Court disciplined 32 attorneys — disbarring six, revoking the licenses of two, suspending 16 and publicly reprimanding eight.
Two attorneys were also placed on probation and another was ordered to pay restitution.
The attorneys are: […]
Neil Franklin Garfield, Parkland, to be publicly reprimanded. (Admitted to practice: 1977) In at least four instances, Garfield accepted money to represent clients and failed to follow through. In one case, Garfield did not perform the work and, when asked for a refund, denied knowing the client. In other cases, he failed to communicate, charged excessive fees, failed to return refunds upon request and failed to timely respond to Bar inquiries.
Frivolous Filings and Bogus Legal Theories
Neil Garfield’s frivolous filings and bogus legal theories have already cost at least one client, Zdislaw Maslanka, a wad of attorney fees in an utterly frivolous action to get his house free even though he remained current in his mortgage payments. As the docket entries below show, the Florida 4th District appellate panel affirmed the 17th Circuit’s dismissal of the case and ordered Maslanka to pay the attorney fees of the two mortgage creditors that he sued.
4D14-3015-Zdzislaw E. Maslanka v. Wells Fargo Home Mortgage and Embrace Home Loans
Affirmed Per Curiam Affirmed
Order Granting Attorney FeesUnconditionally
ORDERED that the appellee Embrace Home Loans Inc.’s September 2, 2015 motion for attorney’s fees is granted. On remand, the trial court shall set the amount of the attorney’s fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee
Order Granting Attorney FeesUnconditionally
ORDERED that the appellee Wells Fargo Home Mortgage’s September 3, 2015 motion for attorneys’ fees is granted. On remand, the trial court shall set the amount of the attorneys’ fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
Last but not least, here is the text of an 8-page report that Neil Garfield charged Vincent Newman THOUSANDS of dollars for, advising a foreclosure defense and TILA rescission strategy. Newman obtained a pick-a-pay loan in 2010 to purchase a home, then defaulted. Garfield idiotically suggested mailing a notice of TILA rescission in 2016, and then suing to enforce it, without regard to the fact that the TILA statute of repose of 3 years for conditional rescission had already tolled, and the creditor had not violated TILA. Garfield thereby illustrated his delusional misunderstanding of conditional TILA rescission which the law allows only for non-purchase-money loans like refinances and HELOCS in which the creditor failed to give the borrower required disclosures of the right to cancel and the cost of the loan not more than $35 understated. No such TILA violation occurred in Newman’s case. Thus, Neil Garfield’s incompetent advice, had Newman heeded it, would have caused Newman expense and embarrassment through a frivolous, failing TILA rescission effort.
Dear Authors of Senseless (is there any other kind?) Gun Control Articles:
Why don’t our federal and state governments allow citizens to prevail in law suits against law enforcers for failing to protect the citizens?
First of all, governments claim sovereign immunity to lawsuits they don’t want to entertain. Courts have ruled that the First Amendment right to petition for redress does not require government to redress or even to read or listen to the petition.
Second, when two parties have a dispute, an intervenor on the scene has no way of determining who is right or wrong, or to what extent. The rules of evidence and of civil and appellate procedure allow the courts (judges and juries) to determine the facts and governing laws in any dispute. But many judicial activities are hopelessly crooked.
For supporting considerations read Criminal Law 2.0, 9th Circuit Judge Alex Kozinski’s 2015 preface to the Georgetown Law Journal. He shows how flawed evidence gets through the holes in the criminal justice system, crooked prosecutors corrupt due process by manipulating grand juries and intimidating innocent defendants into pleading guilty, and police lie incessantly. Then he makes many suggestions for improving justice. He wouldn’t have done that but for the corruption and criminality of the criminal justice system actors. We simply cannot trust them
Now, then, why doesn’t government have the right to restrain the public from owning and possessing, and carrying dangerous arms (guns, knives, clubs, etc)?
First of all, the 2nd Amendment prohibits such restraint and acknowledges that militias require armed members and ONLY militias and armed individuals can repel tyrants, thugs, invaders, insurrectors, rapists, murderers, psychopaths, and sundry bad guys of any and all sorts.
Second, the people cannot trust Government to protect them from malicious treatment by foreign and domestic enemies; only fools think the law requires police to protect them. In fact, the people know that police don’t care who starts an armed dispute, for they will arrest both the non-government aggressor and the defender, and let the court sort it out. Law enforcers, of course, will not arrest government operative aggressors, and the citizen will just become a victim of that aggression unless he has sufficient arms to repel the aggressor and law enforcers.
You see the point here, right? NOTHING but the citizens’ arms and their indomitable will to use them stands between them and aggressors of all sorts. Any adult who has paid attention to news stories knows that many government operatives are just badged criminals intent upon abusing whomever they wish, without probable cause, often upon fabricated evidence.
I hope you will keep the foregoing realities in mind before penning further gun control advocacy pulp fiction.
Yes, crazy people can grab an AR15 sporting rifle, shoot up a school, and slaughter students and teachers while the FBI sleeps on complaints about the shooters and cops run for cover outside. You well know that gun control won’t solve that problem, for determined assailants can always find weapons for killing unsuspecting people.
But better arming and training for teachers and administrators, and better security procedures at schools, churches, and other public facilities can prevent such incidents. Crazed assailants usually duck and run when defenders start shooting back at them.
Yes, determined and clever aggressors can wear body armor or attack from long distances with bombs or sniper rifles. If they annoy government enough, government will go after them. But the people have no guarantee of it. That just means the citizenry and its militias need ever-more advanced weapons, technology, and means to track the aggressors to their source and eliminate them.
I predict that in due course Islamic Jihadis will perpetrate ever more devastating terrorist acts against the people of the USA. That means the Americanist citizenry must become ever more vigiliant, prepared, armed, and DANGEROUS to violent aggressors through its militias.
There is “no free lunch” when it comes to defending the homeland and its citizens against determined terrorists. I hate thinking of anybody becoming victim of them, but when terrorists come, I hope they come for you first. At least they’ll know that you don’t have any dangerous firearms to ward them off. And we’ll have lost an idiot who wants government to take away our automatic weapons and other means of defending ourselves, our families, our homes, and our communities.
The Florida Legislature prudently disagrees with the utterly stupid and Communist idea of banning assault weapons. Here’s a good reason: An AR15 is a semi-automatic rifle that can hold a 10, 15, 20, or 30-round magazine. That does not make it an assault rifle. An assault rifle like the M4 Carbine has a switch for selecting safe, semi-automatic, or either fully automatic (M4A1, see photo) or 3-round burst mode (M4). The automatic and burst modes are for target practice and and killing people, not game animals.
But more importantly, the individual responsible adult citizen has the constitutionally guaranteed right AND the DUTY as a local militia member to own and possess small arms as functional and effective as the best small arms the military provides to its soldiers. Dude. Yes. We should have fully automatic weapons suitable for slaughtering the enemy in a pitched or emergency battle, including individual or groups of thugs attempting or threatening to mug, rob, rape, pillage, or plunder.
Military service is not intended to pussify recruits into fearing dangerous firearms in the hands of responsible citizens. It is intended to turn recruits into disciplined combatants who can go into warrior mode and become intensely and lethally dangerous to a foreign or domestic enemy when the need arises.
Why does individual lethality become so important?
Because we, the people, cannot EVER depend upon Government’s military, sheriffs, or police to protect us from invasion, insurrection, or random criminal activity. In fact, the Supreme Court ruled in 2005 that police have no legal duty to protect people, not even under an injunction. See https://en.wikipedia.org/wiki/Town_of_Castle_Rock_v._Gonzales.
The US Constitution’s 2nd Amendment provides this:
“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.”
I don’t believe I have read a clearer, more concise provision in the Constitution than the 2nd Amendment. It acknowledges that the people must have combat weapons (arms) to function as soldiers in a militia, and that they must have those arms available at all times for defense of their persons, family, home, property, community, and other rights, including hunting, target practice, and drilling, maneuvering, and bivouacking with the militia. One armed citizen standing guard against rioters at the community entrance can constitute a militia.
People learn quickly in life how dangerous government can and does become through its laws, its armed investigators, its secret agents, its police and code enforcers, its courts and sheriffs, and its military. People intuitively know that the Constitution is just a piece of paper with no means of enforcing its provisions.
How then do those provisions get enforced? They get enforced through the collective will of an armed populace, most especially through the militia. The militia IS the local, militant force of the people of the several states.
Federal law provides for a militia in the form of the National Guard of the United States and separate National Guards of the several states. The President runs the US National Guard, and the Governors run their state National Guards. The Constitution requires Congress and the States to organize, arm, train, and provide leadership for the militia.
But what happens when the people and the governments operate at cross purposes, or when the government fails in its duty?
Only one force stands between the people and an abusive, tyrannical government, or individual tyrants in government: the local militia organized, armed, trained, and led by the local citizenry. In case you haven’t stopped to notice, governments have sneakily, nastily encroached on numerous constitutional rights, especially the right to keep and bear arms, and the people have done nothing about it because we have no organized militia. If this bothers you, get busy organizing and joining a local militia today. And POUND on your legislators to remove restriction on the right to keep and bear arms.
Take note that school teachers should demand for the schools or the local militia to arm and train them so that they can shoot and kill malefactors who threaten to hurt them or their wards.
Southern belle, structural engineer, and confessed liberal millennial, mother, and wife Anastasia Bernoulli blogged in favor of gun control. She attempted to use commonsense reasoning to engender disdain for public possession of assault rifles like the AR15, M16, or M4 carbine.
She began by explaining that as a former US Army soldier, she received training on and loved the accuracy and ease of use of the M4 carbine. Then she explained why she believes the American public has no need or use for such a weapon other than for killing lots of people fast, the very use to which several deranged militants have put the assault carbine.
She seems to think all such weapons should be locked inside an armory the way the military kept them when soldiers did anything but combat or weapons training. It goes without my saying, I suppose, that she also believes people with such weapons at hand should have no ammunition for them except during live fire at the shooting range or in sergeant-supervised combat. She flat-out believes that civilians with assault weapons could never successfully engage government troops with much more advanced and meaner weapons. She never experienced guerrilla war, I suppose.
That aside, Anastasia could quit her engineering job any day and switch to journalism. I like her writing style that much. And her liberal mind-set (inability to reason rationally regarding civilians possessing weapons of war) perfectly suit her move to such a career. Read her blog articles for yourself. I write my response to them below.
As much as I love the flow and style of your writing, I kept noticing logical fallacies in your arguments, particularly when you cite an analogy or example to support your point. I’ll cut to the chase here. Your idea has holes, but you could patch them up. Okay, now I’ll drone on…
Example of bad logic. You wrote that 18% of NYPD bullets miss the target and hit elsewhere, implying the bullets will hit innocent people, and if cops can’t shoot straight, then civilians certainly cannot shoot straight and will end up killing each other by accident.
“Dude. NO.” Every unarmed able person runs and hides when the shooting starts, leaving the shooter alone. Cops miss from adrenaline nerves, or from ducking and dodging while running for cover. But when the cops start shooting back, the bad guy’s aim goes bad, and he starts missing. If nobody shoots back, the bad guy just keeps killing. THERE you have the problem with your logic.
As for the effectiveness of a pistol, a person who knows the point-and-shoot technique fires accurately by pointing, without aiming. A 9mm can easily kill and maim at 50 yards, and most school shootings occur at much shorter distances indoors or in classrooms. That moots your rifle logic.
Schools should arm patrol guards with bullpup 5.56mm carbines like the Tavor with frangible rounds. They should arm teachers with compact 9mm pistols with frangible rounds- females can wear a bra or thigh holster to conceal it. And it will take only a couple of dead teen thugs to teach students not to try disarming the teacher, a lesson worth the grieving of parents who feel secretly glad to have lost their bad egg.
Genghis Kahn was said to have remarked that government doesn’t miss dead children because parents can make more of them in short order, but it sorely misses dead taxpayers and soldiers. I tend to agree. If allowed to thrive, bad eggs victimize many during their formative and adult years – society should nip them in the bud, along with the parents who produce and train them to iniquity. Besides, if you want to make an omelet, you have to break some eggs, right? How’s that for logic contretemps?
This brings me to the most glaring flaw in your “Dude. No.” gun control thesis. It ignores the salient reality that 25% of the nation’s population has an IQ barely higher than a bucket of rocks. That disease has no cure. Doesn’t everybody know that children inherit their stupidity or intelligence from their parents?
Use your engineering mind to evaluate the Gaussian distribution of IQ scores of racial groups. I found that roughly 22 million Negroes, 25 million non-white Hispanics, and 33 million Caucasians have IQ below 85, the minimum IQ one needs to graduate from a high school that administrators have not intentionally dumbed down to allow the stupid to pass.
That gives the USA 80 million people who have gravitated to crime and welfare abuse because they cannot compete for the better jobs or mates. They procreate without restraint, unlike their much smarter counterparts who, ironically, don’t seem to have the intelligence needed to procreate at a rate sufficient to sustain their gene groups.
Stupid people cause most street crime. Stupid children become miscreants in school because throwing them in with smarter students makes them feel frustrated and angry. Smarter students hate being around them, but have no choice.
Medicos administer Ritalin and other mind altering drugs to stablize children, but it can make them violent. Wherefore, school integration of the smart, the stupid, and excessive numbers from wildly alien cultures, has contributed to the craziness that leads to school shootings.
Pogo said it best: “We has found the enemy, and he is us.” America should not remain a breeding ground for intellectual maggots, and should not force children of extreme cultural and intellectual differences to interact with one another in an academic environment.
The abject absence of procreation controls, and incompetent immigration controls, have dramatically increased the percentage of irresponsible people in the population. Our schools hurry that process along by integrating the smart in with the stupid.
You know what that means – fecund children fuck, and procreate with, only those they meet in school or socially, and the smart seldom fraternize with the stupid outside of school. Thus, willy-nilly integration dumbs down the gene pool. But for schools, the stupid and the smart would never meet till after they have selected mates from their own gene groups.
Until America cures the foregoing problems, Americans should pack heat and keep an assault weapon handy at home in case things go really bad. That brings me to your apparent theory that only the government should control access to assault weapons.
Before I start, I ask that you keep the rabidly insane, mind-blowingly expensive military conflicts of Vietnam, Iraq, Afghanistan, and Syria in the background of your thoughts. The crazy-ass government put our citizens into centuries if not millennia of debt to send hundreds of thousands of our precious men and women into those actions to slaughter or become casualties. THAT INSANELY dangerous government wants to control OUR access to dangerous weapons.
Giving Government the benefit of the doubt (?!)… No matter what you wish, Government forces cannot go everywhere at once, and governments can and do go rogue, such as at Ruby Ridge, Waco, and recently in the Oregon Bundy land dispute.
No one can blame communities of people for arming themselves against such rogues. We can feel fortunate because we have not seen Nazi SS troopers invading our homes, bashing, raping, and looting. But European immigrants have witnessed it and their descendants comprise some of the staunchest advocates of gun freedoms. The news media has shown mobs of Negroes and Democrats intimidating, looting, and destroying. We trust that our government will stay essentially good and prevent or quash such public menaces, but nothing, absolutely NOTHING, guarantees it, and indeed, history exposes Government’s character as an evil empire.
Congress should organize, arm, and discipline the militia, and the state governments should provide its officers and training. The President commands only that part of the militia reserved to federal service. The National Guard constitutes the formal militias of the states under federal law, but the US military conscripted the National Guard for foreign conflicts like the wars in Iraq and Afghanistan, causing much trouble in the homes of the Guard members.
Theoretically a secondary state militia consists of all other able bodied people aged 17 to 64. I have not in my lifetime learned of any organization of a militia of such people by state or federal government. And frankly, having a state militia under total control of the President can easily run at cross purposes to the welfare of the people of the state, particularly when some branch of government becomes tyrannical. We have no choice but to presume that the states intend never to rely upon local militias, not even if reptilian people come running out of their holes in the earth to terrorize us.
But unless you have stinking thinking, you know that only the militias of the several states can enforce the US Constitution’s 2nd Amendment right to keep and bear arms. A populous, strong, responsible, and adequately armed militia keeps otherwise evil Government restrained on a short leash.
Until we see actual local militia organized under state leadership, and not under complete dominion of the federal government, we must surmise none does or will exist until a crisis has come and gone. In other words, the purported militia, the National Guard of each state, is nothing more than a federal government tool, so the people of a state cannot depend upon it to protect them from government tyranny.
It has become monumentally evident that governments OPPOSE any free militia because only a free militia can threaten government abuse of power. So, NOW constitutes the only viable time for a population to arm itself against invasion, insurrection, riot, mayhem, or the terrorism of Islamic Jihadists or government thugs disguised as law enforcers. Wherefore, our weaponry should suffice for that purpose. Otherwise why bother?
THAT shoots the biggest hole in your gun control theory. Yes your arguments soften our hearts, but your logic has an inescapable sourness to it, the faint but unmistakable stench of tyranny in the making through rank, namby-pamby negligence and lapse of the eternal vigilance necessary to responsible liberty.
By the way, let me address your argument that “we had weapons in the armory but we didn’t carry them around” on your military base. I’ll give you the main reason. In combat, you have a definite chain of command, operative, and in force. A sergeant has grilled, disciplined, and stood on the necks of his minions throughout boot camp and other training. And his commanding officer stands on him and all the troops through the chain of command, ensuring that they will follow orders or face severe discipline.
The command chain keeps subordinates under constant scrutiny and on a short leash, lengthening it only for soldiers of proven trustworthiness, and only for a given mission. But when soldiers go about their personal business unarmed, nobody stands by to scrutinize and control their behavior or pull them up short on that longer leash. This variety of leash length, so to speak, gives reasonable liberty and control to the organization and its members.
But take a look at the members, as young as 17 who might not have the intelligence to graduate from high school, depending on the branch of service and the crises of recruitment. Many, if not most, have lived under negligent to abusive parental supervision. The smarter ones would have gone to college if they could afford it. The military tries, but cannot, undo a lifetime of malingering, conniving, malfeasance, thuggery, wimpiness, pampering, or abuse at the hands of irresponsible parents.
That explains why a sergeant and a chain of command stand on the recruits 24/7 during basic training, and closely monitor them thereafter, hoping they will stand firm or advance bravely in the face of enemy fire, and officers stand ready to shoot any combat cowards. Government simply cannot trust its soldiers to behave according to orders, even after the rigors of basic training. Wherefore, it keeps combat weapons under lock and key except during weapons training or combat deployment.
The public has no chain of command upon which it can rely for highly trained, excellent leadership. Until a more selfless and enlightened ethos becomes the world pattern for living, the people must fend for themselves without good leaders or military-quality police to protect them and to prevent unauthorized access to their living quarters, business offices, training grounds, and streets. Furthermore, the citizenry have no reasonable assurance of freedom from abuse by the police and courts.
That might seem unfortunate to some, but liberty has its blessings to justify its curses. Many, I among them, believe that the legalized plunder that characterizes modern western governments has enslaved populaces through low productivity of the stupid and high debt and taxation on the productive. Corrupt government funds the miscreants and feckless of society, including corporate and foreign welfare recipients. That enslavement has taken on the hue of an evil force inimical to the welfare of intelligent and productive people. Only ONE force keeps that evil in check: the locked and loaded pistols, shotguns, rifles, and assault weapons of the more responsible elements in the populace, particularly when organized in militias with a will to use those weapons to suppress tyranny.
In summary, your Pollyanna misgivings about effectiveness of public possession of sniper, assault, and fully automatic machine guns against tyranny must bow to the history written in the blood of populations whom tyrants or poverty disarmed. So a few crazy bastards get their hands on assault rifles and take out a bevy of students or abortion clinic patients or night club revelers. In view of the history of tyranny, that loss constitutes a minuscule price to pay for the freedom to possess dangerous firearms and munitions. In time, government will find effective ways to keep crazy bastards from getting their hands on such weapons, without disarming responsible citizens.
So, Dude. Yes. Americans have good and sufficient historical reasons for acquiring assault weapons, training with them in local militias and at shooting ranges and sporting events, and keeping them stashed at home with a trove of ammo, easily owner-accessible, well-maintained, and ready for emergency use.
We never know when peace, good will, order, and public safety will go totally and quickly to shit. But we have examples: the slaughter at the October 2017 Las Vegas strip Harvest Music Festival slaught4er; the June 2016 Orlando Pulse night club slaughter; and the August 2014 rampaging Negro riots in Ferguson, MO. No National Guard militia attended those events. So, what advantage do they give us?
Let your engineering mind consider this: any reasonably well-trained combat marksman with a 9 mm Sig Sauer P320 pistol could have instantly terminated the recent slaughters at the schools, churches, movie theaters, and night club; and any combat marksman with an assault rifle could have terminated the slaughter at Las Vegas. I see no reason why school teachers could not receive training in combat marksmanship or become card-carrying, steely-eyed militia members with a “Fuck You – I Like Guns” attitude.
If recent episodes of mayhem worry you, start blogging about the need for state and county governments to form, train, and arm LOCAL militias for LOCAL use only, maintain local, fast-access militia armories, coordinate local militias with local police and sheriff deputies, and provide assault-weapon-armed, volunteer former US Marine/SpecOps citizens to patrol public assemblages that law enforcers simply cannot or will not accommodate.
I end my comments by pointing out the elephant in the room. Constitutional rights don’t belong to everyone in the USA. The 2nd Amendment applies only to people with a nexus to government such as those who might serve in a militia or back them up at home. Americans well-understand, and do not complain, that illegal aliens, felons, minor children, mental incompetents, and protection injunctees do not have the legal right to own or possess firearms under federal and state laws.
So, I construe your arguments as an exhortation to tighten the restrictions on the irresponsible, such as by stripping 2nd Amendment rights from users and addicts of mind-altering substances, habitues of vices that incline them to further criminal behavior, epileptics and others with bad motor control or seizures, mental defectives, people with IQ below 90, people who demonstrate profound irresponsibility like career welfare recipients, people with long arrest records, people with a history of bullying, threatening, intimidating, or unjustified violent behavior, people who taunt, tease, and tend to drive others crazy, and people with no firearms safety or marksmanship training. Maybe you can add other irresponsibles to the list.
To any who say, “Fuck You – I Like Guns” you might warn “Then behave responsibly, learn good manners, and DON’T make a nuisance of yourself, or else we’ll get the court to take your guns away from you and sell them at auction.”
Every southern belle knows that even angels lose their liberty when they cannot or will not behave responsibly.
See? You have a happy medium. You have no problem with bridled personal LIBERTY exercised RESPONSIBLY. Do you?
Anastasia, please forgive any confusion I caused by injecting to-be verbs or passive voice into my comments above. I don’t write for a living.