Monthly Archives: January 2016

Guns and Prejudice

One of the few remaining targets of prejudice, sanctioned by state and private entities, are gun owners and gun-rights organizations.  Evidence of this seems increasingly common; indeed, I find examples almost every week.

The city of San Francisco recently imposed restrictions on legal gun businesses so severe that the last gun store in the city had to leave.  Now the city council of Daly City, California, has refused to allow a gun store to open in that town, even though the proposed business met all requirements of the city charter and had received approval from the town’s planning commission.  Council members voting against the business had no standing law or ordinance on which to base their decision; the 3-2 majority and some residents simply didn’t like the type of business.  This is a perfect example of prejudice: unfairly disfavoring and burdening one type of people or group based upon ideological preferences – burdens not impartially applied to other businesses.

The National Rifle Association (of which I am a member) has for years held an annual outdoor sports show at the huge Pennsylvania Farm Show Complex in Harrisburg, Pennsylvania.  The show is scheduled again for February.  The NRA pays Harrisburg police officers to provide security.  This year, Eric Papenfuse, the Democrat mayor of Harrisburg – who has publicly proclaimed his personal dislike of the NRA – imposed preposterously onerous demands of the NRA: a 60% cost increase and a $250,000 grant to the city.  The NRA declined, but made what seems like a very reasonable counter-offer – a 33% increase in pay and a $25,000 grant to the city.  Instead of accepting, Papenfuse rescinded all offers and refused to allow the hiring of Harrisburg police for security.  No other group using the Harrisburg facility has had such demands made of them.

The NRA has produced television ads for the show.  The ads include brief images of guns, as one would expect for an outdoor sports event.  Comcast told the NRA it will not broadcast the ads unless all images of guns – even shooting ranges! – no matter how innocuous or fleeting, are removed.  About 200,000 people are expected to attend, many to see guns used for hunting and sport shooting.

By doing so, Comcast is imposing censorship of a right established in the U.S. constitution, and one enjoyed by tens of millions of Americans.  And of course, countless movies and TV shows which include guns and gun violence are broadcast over the many channels carried by Comcast.

As is my habit, I have tried to construct a logical argument for why this is not selective prejudice.  I can think of none.

A Justice for the People

Kudos to Arizona Governor Doug Ducey for appointing Clint Bolick to the state Supreme Court.

Bolick, often described as a jurist who stands for “the little guy,” is one of the most principled and independent thinkers appointed to any state court in years.  Though derided by the left as a dangerous conservative (ThinkProgress calls him “The most Chilling Political Appointment You’ve Never Heard Of”), Bolick has taken stands against conventional positions of the left and the right (he is vocal in his condemnation of Sheriff Joe Arpaio, for instance, and he suffered criticism from John McCain for opposing taxpayer-supported funding of a professional sports stadium – another reason I like the man.)

He made his name defending small, independent business owners – and aspiring business owners – against government oppression and injustice (the primary source of the left’s hatred of him), and against government abuses of civil forfeiture.  For these, he has won my admiration and gratitude.

When statists opppose a jurist so vehemently, my first instinct is to suspect that we have a worthy man or woman. I can only wish that men and women like Bolick will fill the Texas courts for generations to come.

The Day a Texas Supermarket Helped Topple Soviet Communism

An interesting story about the day that Boris Yeltsin toured Clear Lake, Texas.  How you goin’ to keep ‘em on the communal farm, once they’ve seen a big honkin’ Texas grocery store?

(The store is still open, under a different name.  I can almost see it from my office window.)

“It was September 16, 1989 and Yeltsin, then newly elected to the new Soviet parliament and the Supreme Soviet, had just visited Johnson Space Center.

“At JSC, Yeltsin visited mission control and a mock-up of a space station. According to Houston Chronicle reporter Stefanie Asin, it wasn’t all the screens, dials, and wonder at NASA that blew up his skirt, it was the unscheduled trip inside a nearby Randall’s location.

“Yeltsin, then 58, ‘roamed the aisles of Randall’s nodding his head in amazement,’ wrote Asin. He told his fellow Russians in his entourage that if their people, who often must wait in line for most goods, saw the conditions of U.S. supermarkets, ‘there would be a revolution.”’

………………….

“In Yeltsin’s own autobiography, he wrote about the experience at Randall’s, which shattered his view of communism, according to pundits. Two years later, he left the Communist Party and began making reforms to turn the economic tide in Russia. You can blame those frozen Jell-O Pudding pops.

‘“When I saw those shelves crammed with hundreds, thousands of cans, cartons and goods of every possible sort, for the first time I felt quite frankly sick with despair for the Soviet people,” Yeltsin wrote. “That such a potentially super-rich country as ours has been brought to a state of such poverty! It is terrible to think of it.”’

Open Carry: Why Do I Care?

In response to my post about the new open carry law in Texas, I am asked: “as you say that you will most likely continue carrying in a concealed manner, what, in your view, is the advantage of openly carrying?”

My fundamental reason for supporting, even celebrating the new law is that it expands personal liberty; convenience or “advantage” matter far less.  Indeed, this for me is sufficient in itself to justify the law.  If citizens of good standing may carry handguns for self-defense – and I believe strongly that they may, for reasons both constitutional and of natural right – then I believe no government may dictate how a citizen chooses to do so.

If I choose to carry concealed more often than not, my decision is made for reasons of discretion, convenience and propriety, not disagreement with the law.  (I don’t believe that open carry is appropriate in some situations, and I wouldn’t usually carry openly simply to make a statement.) Whether I carry openly infrequently or not at all, I stand for the right to do so.  There are many activities and freedoms which I choose not to engage in, but which I oppose the state denying me.

Before anyone accuses me of being a “gun nut,” let us recall that state governments have altered and eliminated gun rights for the purpose of political and civil discrimination.  The prohibition against carrying handguns – openly or concealed – is the last enabled relic (that I am aware of) of old Jim Crow laws and “Black Codes” in Texas state law.  The prohibition is racist in origin and purpose, and thus a standing example of government oppression.

The ban was originally established by Republicans during Reconstruction, to prevent Confederate veterans from continuing the rebellion.  When Democrats gained control of Texas government in 1871 (a dominance they kept until the 1990s), they expanded the ban in place to provide for easy – and selective – prosecution of blacks who might have the audacity to carry a gun.  Clayton E. Cramer, who has a written a book on the subject, summarizes:

“’Throughout much of American history, gun control was openly stated as a method for keeping blacks and Hispanics ‘in their place,’ and to quiet the racial fears of whites,” Cramer wrote for the Kansas Journal of Law and Public Policy in 1995. “The former states of the Confederacy, many of which had recognized the right to carry arms openly before the Civil War, developed a very sudden willingness to qualify that right. One especially absurd example, and one that includes strong evidence of the racist intentions behind gun control laws, is Texas.’”

For a rather supporting viewpoint from the left on this subject, please read this article in The Daily Beast.  I found it interesting that the NRA (of which I am a member) once supported gun laws which unjustly oppressed the rights of black citizens; fortunately, they long ago shed themselves of such positions.

Seen in this light, the Texas legislature has not newly allowed anything; it has repealed a ban on a right that – if justice and equality are our measures – never should have been enacted in the first place.  A liberty which stood from the Founding (and from Texas statehood in 1845) until Reconstruction has been restored in Texas.

The open carry law also removes the possibility of prosecution for accidental or inadvertent display of a legally concealed handgun.  I think this was rarely prosecuted, but it imposed a burden on licensed citizens that I believe was unjustified.

Lastly, convenience.  Clothing and situation can make concealment difficult or unwieldy, especially with dress suitable for Texas summer temperatures.

Two questions of my own: on grounds that meet the tests of logical reasoning, how can these be seeming contradictions be reconciled:

  1. Private, commercial and religious groups may not, by law, refuse to participate in activities to which they object, such as gay marriages,* even on grounds of religious objections, but may refuse to participate in laws providing for the legal right to carry handguns, based on any or no reason at all.  (Even in Texas, businesses may refuse, with no justification required, to allow either or both concealed and open carry.)
  2. Why are some state-issued licenses, such as driver’s licenses and marriage licenses, observed by all states (the Full Faith and Credit clause, along with the Supreme Court’s Obergefell decision establish this, though some important issues remain unresolved), while some states refuse to recognize handgun carry licenses by other states? (The most egregious example: days ago, the Attorney General of Virginia unilaterally – without consultation with or approval of the state legislature, and without consulting the other states themselves – nullified that state’s recognition of handgun carry licenses issued by 24 other states.)

 

*For the record, I support the right of gay people to marry, based on the same principles that guide my positions on gun rights: faith in individual liberty, fairness and equality.

Open Carry Returns to Texas

The new Texas open carry law went into effect as of yesterday, January 1, 2016.  If you don’t know this, you haven’t paid attention to the news. News coverage has been more widespread than for any recent state-level gun law that I can remember, with every major media outlet, print and broadcast, carrying stories on the law.

Many reports express breathless worry for public safety, citizens being “uncomfortable” at the sight of a holstered handgun, or increases in crime.  NBC News, for example, exclaims that the “Controversial Open Carry Texas Gun Law Divides State.”  (This is foolish and meaningless on its face; what meaningful law does not “divide” some portion of the population effected.)

Texas is now the 45th state to allow open carry of handguns – a steep majority indeed.  In other words, only five states (California, Florida, New York, Illinois and South Carolina) do not allow the practice.  With 44 states already allowing open carry, is it such big news that a 45th has done so?  Some states provide for “constitutional carry,” i.e., open and concealed carry without a state license.  So why the fuss over Texas?  From the news stories themselves, the concern is simply over the fact that Texas is now the most populous state to allow open carry.

I’ve got news for them all: not one single Texan who was not allowed to carry a gun on December 31 will be allowed to do so on January 1.  The number of citizens licensed to carry did not increase by the law’s passing or its implementation.  The law allows only those who possess a valid Texas concealed handgun license (CHL) to carry openly, and then only in a belt or shoulder holster.  (According to the Houston Chronicle, only 4% of the Texas population holds a CHL.)  If you see someone carrying a handgun openly today, odds are high that that person was carrying a handgun before Saturday, only not openly.  Armed all the same.

Another reason the attention is foolish: according to crime details from the Texas Department of Public Safety (latest statistics are from 2013), Texans holding CHLs commit violent, gun-related crimes at remarkably low rates.  Anyone wishing to be safe would, by the evidence, wish to be in the company of licensed gun carriers.

As someone who has had a CHL for years, and often carries concealed, I can attest that my reasons for carrying have not changed.  I do not feel more aggressive or violent; indeed, I feel the same hope for peace and goodwill as I felt a few days ago.

I have spent much time in states that allow open carry, and have encountered and spoken with people carrying openly.  They have not frightened or threatened me at all.  In fact, I have found the practice rather encouraging, that such freedom still exists.  Even in states more pro-gun than Texas, such as Arizona, Wyoming and Montana, the practice is still uncommon.  I expect that will be the case in Texas, also.  Every CHL holder I have spoken with says they intend to continue carrying concealed in most situations; I expect to do the same.

Within a few weeks and months I further expect that the fear, trepidation and warnings will all prove unwarranted.  I felt the same last spring when the media were warning of violence, protests and anti-government riots prior to the Jade Helm military exercises.  (An acquaintance of mine foolishly claimed that Texans were exhibiting “mass hysteria” over JH.)  Nothing of the sort took place.  Texans are sensible, reasonable people.  We shall show those who doubt us, and those in states who seek to restrict gun ownership, that we are, as I often claim, more than responsible with our freedoms.  I am glad we elected a legislature which is beginning to act in such knowledge.