
[To my fellow Ohioans committed to protecting their constitutional rights from government abuse: I recommend paying a visit to The 1851 Center for Constitutional Law.]
"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."You and I know that those 27 words guarantee an individual right. Some still insist, however, on the primacy of the first clause -- that is, the necessity of "a well regulated militia" to be armed somehow trumps "the right of the people."
"That the people have a right to bear arms for the defense of themselves and the State; and as standing armies in time of peace are dangerous to liberty, they shall not be kept up: and that the military shall be kept under strict subordination to the civil power."Adopted in 1802 -- the year before Ohio achieved statehood and just 11 years after the U.S. Bill of Rights was ratified -- that leaves no doubt about the purpose of granting the People an individual right to bear arms: "for the defense of themselves and the State."
"The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power."That language remains in force today, underscoring that every citizen of The Great State of Ohio rightfully may bear arms "for their defense and security." It also reminds us why military forces must be "well regulated" -- because "standing armies, in time of peace, are dangerous to liberty."
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."The first Constitution of the State of Ohio (1803) incorporated similar principles, addressing "natural, inherent and unalienable rights" in Article VIII, Section 1:
"That all men are born equally free and independent, and have certain natural, inherent and unalienable rights; amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; and every free republican government, being founded on their sole authority, and organized for the great purpose of protecting their rights and liberties, and securing their independence; to effect these ends, they have at all times a complete power to alter, reform or abolish their government, whenever they may deem it necessary."In the 1851 revision, which saw Ohio citizens' enumerated rights given proper prominence, the "inalienable rights" passage became more concise. This is Article I, Section 1:
"All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety."Notice that both versions of this section -- the second of which is still in force, by the way, 161 years after its adoption -- codify two fundamental rights before all others: "enjoying and defending life and liberty" and "acquiring, possessing, and protecting property."
Is Your Wife Helpless or Dangerous --Allow me to state the obvious -- a quick flip through any modern-day gun magazine reveals that manufacturers' approach to women has changed dramatically over the last 98 years. Ads now speak directly to women, acknowledging their role as gun owners and empowered (not "helpless") defenders of life and Castle. That's a good thing.
in these times when more idlers
make more burglars and brutes?
These times make more idlers. More idlers mean more Burglars and Brutes. Burglars and Brutes break your house; shock your wife into permanent hysteria and mark your children with a horrible fear for life.
A ten shot, easy-to-aim Savage Automatic converts your helpless wife into a dangerous defender of her children -- more dangerous to face than a mother grizzly bear.
Fathers, it is a serious duty in these times to arm your home by day and by night with a Savage Automatic -- the one arm which every Brute and Burglar fears. They fear its 10 lightning shots, 2 to 4 more than others; they fear the novice's power to aim it as easy as pointing your finger. Therefore take pains that you get the Savage -- the one the thugs fear.
As harmless as a cat around the house, because it is the only automatic that tells by glance or touch whether loaded or empty.
Take home a Savage today. Or at least send for free booklet, "If You Hear a Burglar," written by a famous detective.
Shoot the First Shots Out of the Window!Yes, you read that right -- exactly 100 years ago, encouraging an inexperienced shooter facing an intruder to fire a few rounds out the window was considered a good idea. I know we're talking about deadly force and home defense here, but honestly, I can't help laughing.
That is the very best thing to do when you find a burglar in the house, says Wm. P. Sheridan, famous detective, in the Woman's World Magazine. Arouse the whole neighborhood with shots! These first two or three shots will cause neighbors to jump to the 'phone and call the police.
Save the rest of your shots in case the burglar attacks you.
"Our forefathers who framed the Constitution of the United States recognized the right of citizens to protect their persons and property.If Iver Johnson or his sons were around today, I'd like to think that they'd be advocating for our Second Amendment rights -- with or without a commercial interest, political correctness be damned.
"And so the second amendment was inserted, which says, '...the right of the people to keep and bear arms shall not be infringed.'"
We hold from God the gift which includes all others. This gift is life -- physical, intellectual, and moral life.Feel free to swap "nature" for "God" and "Creator," should you find Bastiat's deism bothersome -- it doesn't alter the meaning one bit.
But life cannot maintain itself alone. The Creator of life has entrusted us with the responsibility of preserving, developing, and perfecting it. In order that we may accomplish this, He has provided us with a collection of marvelous faculties. And He has put us in the midst of a variety of natural resources. By the application of our faculties to these natural resources we convert them into products, and use them. This process is necessary in order that life may run its appointed course.
Life, faculties, production -- in other words, individuality, liberty, property -- this is man. And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are superior to it. Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.
What, then, is law? It is the collective organization of the individual right to lawful defense.
Each of us has a natural right -- from God -- to defend his person, his liberty, and his property. These are the three basic requirements of life, and the preservation of any one of them is completely dependent upon the preservation of the other two. For what are our faculties but the extension of our individuality? And what is property but an extension of our faculties? If every person has the right to defend even by force -- his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly. Thus the principle of collective right -- its reason for existing, its lawfulness -- is based on individual right. And the common force that protects this collective right cannot logically have any other purpose or any other mission than that for which it acts as a substitute. Thus, since an individual cannot lawfully use force against the person, liberty, or property of another individual, then the common force -- for the same reason -- cannot lawfully be used to destroy the person, liberty, or property of individuals or groups.
Such a perversion of force would be, in both cases, contrary to our premise. Force has been given to us to defend our own individual rights. Who will dare to say that force has been given to us to destroy the equal rights of our brothers? Since no individual acting separately can lawfully use force to destroy the rights of others, does it not logically follow that the same principle also applies to the common force that is nothing more than the organized combination of the individual forces?
If this is true, then nothing can be more evident than this: The law is the organization of the natural right of lawful defense. It is the substitution of a common force for individual forces. And this common force is to do only what the individual forces have a natural and lawful right to do: to protect persons, liberties, and properties; to maintain the right of each, and to cause justice to reign over us all.
"My view from the start has been, it seems incomprehensible to me under any form of stand-your-ground law -- or any absurd law as I view it -- that somebody could shoot somebody who turned out to be unarmed and not even being arrested on the night. In Britain where I come from, that would cause a sensation the likes of which our justice system has never seen before."Last night, at least, he solicited the perspective of one Ted Nugent. Here's the complete transcript of their exchange:
"As far as British law is concerned, if this had happened in Britain, there would be no stand-your-ground defense and he would have been arrested. I'm more comfortable with the way we do things."
MORGAN: The rally to bring justice to Trayvon Martin. The tragedy brings out a lot of emotions and everyone has an opinion on the shooting, including my next guest, Ted Nugent. Everyone knows he never holds back. And I thank him for joining me tonight. Ted, welcome back.There's some great stuff in there -- thanks, Ted.
Last time, we were having a fairly jocular debate about all this. But this is a bit too serious for that. You've heard the attorneys on both sides there. What do you make of this case in its entirety?
NUGENT: Well, first of all, thanks for going after this very tragic situation, Piers. And thank you for having me on. But let me clarify one thing, very, very important, that you alluded to earlier in your program, that you believe that the vast majority of Americans want Zimmerman arrested.
Let me tell you what the vast majority of Americans want. We're saying prayers for the Martin family and all those other black youths that are slaughtered every week. Those are the people that we constantly cry out for.
So be very careful what you assume. Those of us that love life and respect life, we don't see any color. But we wonder where the outcry is when every week these youths are slaughtered across the streets of America. So that's the most important statement I want to make right here.
MORGAN: But, I mean, look, there are always, with all these cases, innumerable other cases that can be thrown in as why don't you care as much about that? The reality of this case is that, I believe, it's popped in America as a big cause because of the precise nature of what happened after Trayvon Martin was killed.
That is this particularly extreme version of stand-your-ground. You have to use that phrase, because it is in Florida. It's particularly wide-ranging. And it has allowed a situation where somebody can shoot an unarmed teenager and actually be allowed to go home that night without even being arrested.
That's why I understand people feeling exercised about why he wasn't arrested on the night. Shouldn't he have been? Even for someone like you, that believes in right to bear arms and guns and everything else, shouldn't he have been arrested?
NUGENT: You saw the tape. I saw the tape where he was handcuffed, Piers. That's arrested. He was arrested. He was questioned. The stand-your-ground law does have specific ramifications.
But I also want to clarify something else, that really you should be ashamed of, that you said earlier. You don't believe that a person should be able to stand your ground. And you referenced your homelands of England, where if someone invades your home, an English homeowner, by law, has to retreat.
Piers, I offer to you that that's anti-human, that that disrespects the gift of life, and it actually encourages recidivist criminal behavior by sending out a message that we're not going to stand our ground; we're going to retreat.
Piers, you're in America now. And in America, we have a Second Amendment right. And we value life more than sheep do. And we don't back down. So the stand-your-ground law is common sense. It's logical. And it's the right thing to do.
MORGAN: Right. I mean, American has 270 million guns, by common estimation. Britain, I think, has about two million.
NUGENT: I think more than that.
MORGAN: Well, maybe more than that. OK. The last record said 9,484 homicides involving guns in the last year that was recorded. Britain had 68. I suppose my point is this, is that I don't defend all the laws in Britain. Many of them are ridiculous. I don't defend all the laws in America or attack all the laws. Some, to me, seem ridiculous. Others seem perfectly fair and balanced.
It's a great country with a great legal system in many ways. I don't denigrate America with this. But on the stand-your-ground law, in particular, it seems to me unbelievable that a young, unarmed teenager in America today can actually be shot dead for possession of a bag of Skittles, on his way home to his father's girlfriend's house.
My point was, when they were mocking British law, by the way -- they started this. I said back in Britain, that wouldn't have happened. You couldn't do that without being arrested and almost certainly charged. Now I think many Americans -- let's not say the majority. I don't know the statistics. But many Americans feel uncomfortable that this could happen in modern America and that George Zimmerman would simply be allowed to go home that night when Trayvon Martin goes to a coffin.
NUGENT: Piers, you have expressed that you don't want to try this on television. I also do not want to try this on television. I think we both agree that there's a tragedy that it is being tried and that Zimmerman has been convicted across the media in many instances.
So let's not do that here. So let me propose to you a scenario that I think you can grasp and support. You must be aware, and if not I'll inform you now, how many professional law enforcement heroes are killed every year with their own weapon. I'm not juxtaposing this with the Trayvon and the Zimmerman situation.
But it does happen, where an assailant will start beating a person so badly that those of us that are armed, we have a responsibility to keep that new assault from taking our weapon, because if the assault escalates to that degree -- certainly the fist can go into a deadly situation if they get a hold of the gun bearer's gun.
So we have to be cognizant of that. If it wasn't for backup guns in law enforcement and in civilians hands, oftentimes, that the perpetrator and the person getting beat up is killed with his own gun. So let's not dismiss that reality that is documented over and over again across this country.
MORGAN: But do you believe that a neighborhood watch official acting in that capacity should be armed and using that firearm?
NUGENT: Yes.
MORGAN: OK. Well, Ted, we'll agree to disagree over that. I hope we can do that again in an extended way soon, because your opinions are always very interesting to hear. Thank you for joining me.
NUGENT: Thank you, Piers. My family sends their best and our prayers are with the Martin family.
Well, I won't back downI won't minimize the tragedy of Trayvon Martin's death, nor should you infer that I'm leaping to defend shooter George Zimmerman. But facing elected officials' cowardice and largely one-sided coverage of Sanford, it's time for those of us who responsibly exercise our right to self-defense to make our voices heard.
No, I won't back down
You can stand me up at the gates of hell
But I won't back down
Gonna stand my ground
Won't be turned around
And I'll keep this world from draggin' me down
Gonna stand my ground
And I won't back down
Hey, baby, there ain't no easy way out
Hey, I will stand my ground
And I won't back down
Well, I know what's right
I got just one life
In a world that keeps on pushin' me around
But I'll stand my ground
And I won't back down
"I think all of us have to do some soul-searching to figure out how does something like this happen. And that means that we examine the laws and the context for what happened, as well as the specifics of the incident."Let's be clear here: Zimmerman pursued Martin and, apparently, either confronted the unarmed teenager or provoked a confrontation, so the stand-your-ground law doesn't come into play. Still, one senseless death resulting from one stupid, irresponsible act will be exploited by those who seek to prevent law-abiding citizens from defending themselves and their families.
"I'm 63. I've been clean and sober my whole life. I was raised in a hard-core disciplined environment. To be the best that I can be. And not guess at things but to study evidence. Study conditions. Be aware of my cause and effect.In that way he distinguishes himself from the demagogues dominating talk radio and populating our politics. He knows the difference between populism and principle, and he holds fast to the latter -- and that's why, around here, we like Ted Nugent.
"And make a decision not based on what felt good or what was comfortable for me but rather what lessons of life taught me. So when I put forth what people call an opinion...I don't project opinions as much as I do share observations of life's realities and the evidence that brings either a quality of life when adhered [to] and learned from, or [destroys] life when ignored and not learned."
Home defense is nothing new, of course. And while it might be unusual for today's well-armed American to defend his or her castle with a five-shot .32 or an eight-shot .22, the mindset behind that Iver Johnson ad is as relevant now as it was in 1917."'For years I have carried insurance on my life and home and jollied myself into thinking that this was all the protection a husband and father could throw around his family.
"'Last night a burglar broke into my neighbor's house. IF Reynolds had only had a revolver he --
"'That was enough for me! No temporizing with burglars in my home. I'm for real protection. I'll take this revolver I have in my hand, Mr. Clerk.'
"Are you ready -- when the time comes -- to do your duty by your burglar? Will you master him or will he master you? Will you give your family protection that is one jot short of real, full, complete protection?"
"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."We have our liberty -- for now -- but we must never forget its price: eternal vigilance.