The Conservative Case For An Assault Weapons Ban – There Isn’t One

Posted: December 21, 2012 by ShortTimer in Conservatism, Democrats, Government, Guns, Leftists, Liberal Fascists, Second Amendment, Tyranny

From one of HotAir’s quotes of the day, Judge Larry Alan Burns suggests that a real conservative can really be conservative and sustain conservatism while being a big-government statist:

Bystanders got to Loughner and subdued him only after he emptied one 31-round magazine and was trying to load another. Adam Lanza, the Newtown shooter, chose as his primary weapon a semiautomatic rifle with 30-round magazines. And we don’t even bother to call the 100-rounder that James Holmes is accused of emptying in an Aurora, Colo., movie theater a magazine — it is a drum. How is this not an argument for regulating the number of rounds a gun can fire?

I get it. Someone bent on mass murder who has only a 10-round magazine or revolvers at his disposal probably is not going to abandon his plan and instead try to talk his problems out. But we might be able to take the “mass” out of “mass shooting,” or at least make the perpetrator’s job a bit harder.

To guarantee that there would never be another Tucson or Sandy Hook, we would probably have to make it a capital offense to so much as look at a gun. And that would create serious 2nd Amendment, 8th Amendment and logistical problems.

I assume that last line is an attempt at humor.

The facetious “I get it” ignores that infringing on the rights of 310 million other Americans because of a handful of nut-jobs is by no means acceptable.  By this logic, the slippery slope is already there and all guns should simply be banned, since the citizen is incompetent, dangerous, and not to be trusted.  Every citizen is a potential mass murderer, so we must take away all of their rights… goes the logic.

“How a politician stands on the Second Amendment tells you how he or she views you as an individual… as a trustworthy and productive citizen, or as part of an unruly crowd that needs to be lorded over, controlled, supervised, and taken care of.”

– Former TX State Representative Dr. Suzanna Hupp

More from the judge:

So what’s the alternative? Bring back the assault weapons ban, and bring it back with some teeth this time. Ban the manufacture, importation, sale, transfer and possession of both assault weapons and high-capacity magazines. Don’t let people who already have them keep them. Don’t let ones that have already been manufactured stay on the market. I don’t care whether it’s called gun control or a gun ban. I’m for it.

Wow, what a conservative idea!  Prohibition and confiscation, destruction of sports and hobbies enjoyed by millions, all because of a few who slip through the cracks of the mental health system.

Also, you’ll find you may get a bit more resistance on that “don’t let people keep them” than you think, Judge.

I say all of this as a gun owner. I say it as a conservative who was appointed to the federal bench by a Republican president. I say it as someone who prefers Fox News to MSNBC, and National Review Online to the Daily Kos. I say it as someone who thinks the Supreme Court got it right in District of Columbia vs. Heller, when it held that the 2nd Amendment gives us the right to possess guns for self-defense. (That’s why I have mine.) I say it as someone who, generally speaking, is not a big fan of the regulatory state.

So what.  Judge, you’re from California, a place that already has it’s own assault weapons ban, and such onerous regulations that many gun companies refuse to do business with your state.  It’s so bad that Ronnie Barrett won’t service weapons in your state owned by law enforcement agencies because your state perpetually demonizes his products.  California is furthermore a may issue state, not a shall issue state, for concealed carry.  The rich and powerful are given tools to defend themselves, the poor and middle class are left to either break the law or are at the mercy of criminals.  No wonder they have contempt for their government.

And I say it, finally, mindful of the arguments on the other side, at least as I understand them: that a high-capacity magazine is not that different from multiple smaller-capacity magazines; and that if we ban assault weapons and high-capacity magazines one day, there’s a danger we would ban guns altogether the next, and your life might depend on you having one.

But if we can’t find a way to draw sensible lines with guns that balance individual rights and the public interest, we may as well call the American experiment in democracy a failure.

Yeah, Judge, you don’t understand them.  There is a slippery slope, and that’s the intention of the gun-banners.  Mayor “All Guns Should Be Illegal” Bloomberg has already said you don’t need more than 2 or 3 rounds for hunting… which has nothing to do with the 2nd Amendment.  He wants a total ban.

So do you, judge, you’re just too stupid to realize it.

The sensible line is to deal with the crazy factor that is the same in every one of those mass killings.  The lunatic in Aurora, CO, the lunatic in Connecticut, the lunatics like Charles Whitman (with a host of prescriptions and an undiagnosed brain tumor) are all things that can be dealt with by addressing the problem – it’s the people, not the guns.

Taking guns away isn’t conservative.  It’s totalitarian.

Photo by Oleg Volk.

And just to further hammer in the point, I’ll beat up on some people in the comments section:

Medusa at 1:32 AM December 21, 2012It’s lunacy to claim a need for assault weapons to ensure “we” can form a civilian rebellion and “take back” government from a future despot.  That claim may have been a valid and possible course of action in 1776, but not in 2016. Rifles will not suffice against drones, satellites, supercomputers, tanks, aircraft, mobile missile lauchers, rpg’s, all part of the wonderful array of weapons that the government would control. Listening to these claims is exactly like listening to a naive, uninformed, yet earnest and sincere child.  It’s a theory,but completely irrational. Yea, a rifle against a nuclear carrier group.Good luck.

This ignores the understanding of how conflict works.  Armed conflict is a test of will.  It’s a question of whether or not each belligerent has the will to win.  I’m guessing Medusa has missed out on the last 11 years worth of news.

muj in afghanistan 1987Those guys seem to be doing a pretty effective job against the best military in the world with little more than rifles, a few machineguns, and some creativity.  They beat the second best military, and they’ve succeeded in getting the best one’s command at home to give up.

ronocaster at 1:22 AM December 21, 2012Ban semi-automatic assault rifles, cop killer ammunition, and large capacity magazines.  We don’t need to forcibly collect them, the numbers will be lowered through volunteerism and confiscations, and over time our children (or theirs) won’t have to live in fear of these weapons in order to feel free.

Some say that they need the ability to defend themselves from a tyrannical government.  And this could be a real possibility in the future, not likely, but a possibility.  Today’s reality is that little children are lying in little caskets, and a semi-automatic rifle with high-capacity magazines made it easier for that sick monster.  Some seem all too ready to offer the little children of others upon the alter of their freedom.

Ban semi-automatic assault rifles, cop killer ammunition, and large capacity magazines now.

Semi-automaitc assault rifles (a rifle based on looks), cop killer ammunition (includes all deer rifle rounds), and standard capacity magazines… down the slippery slope they go.  Lowered through volunteerism and confiscations?  Oh, lovely.  There will be resistance to that.

Children are smart.  They don’t fear things.  They do fear people.

See, the problem with ignoring the “real possibility in the future” means you disarm yourself against a worse future.  I find it amazing that an anti-gunner could even acknowledge that, but it’s pretty impressive.  However banning the tools to preserve your freedom in the future means you set the stage for worse massacres.


oleg volk government killing

The Indians and Wounded Knee gave up their guns “for their future”, and it got them graves and a dozen generations of poverty and forcible relocation.

Franklin stated it quite well that those who would give up their liberty for security deserve neither, and will lose both.

Brass Tax at 1:36 AM December 21, 2012

I think you missed the class about the Bill of Rights when you went to law school sir. My god… go so far as to say that the only reason you wouldn’t make it a capital offense to even look at a gun are those pesky ammendments and logistical issues. The Bill of Rights specifically ensures the protection of the indiviuals god given rights from the desires and needs of the masses. You anti gun zealots are going to have to find another way around this, maybe next time try finding a solution that would actually work and also doesn’t involve destroying my rights as an American citizen. I could understand a layman feeling this way……but a judge that doesn’t understand the lynch pin document that is the very foundation of the relationship between the people and those they chose to allow to govern them? Shameful, please turn in your robe.

See, you don’t make many friends by telling those in power that the reason for the Second Amendment was to make sure that you had defense against those in power.  Those in power want to consolidate it, not give you the tools to remove them.

There is no conservative case for an assault weapons ban, or any other ban.

And lastly, just to pick on Chucky Schumer, because he’s a moron, albeit a connected, powerful moron, who intends on staying in power no matter what you or I wish, this quote:

Now that Heller has ruled out the possibility of anyone ever taking away their weapons, gun owners should be more open to some reasonable limitations. No individual right is absolute, after all. While the First Amendment protects freedom of speech, no one has a right to falsely shout “Fire!” in a crowded theater, nor to traffic in child pornography. Likewise, the Second Amendment’s right to bear arms also comes with limits.

Heller hasn’t ruled that out, but Chucky goes through the whole piece saying that in order to kind of smooth things over and lull people into a false sense of security.  And “reasonable” is easily translated as “DO WHAT I WANT”, but put into a nicer “just the tip, baby” package.

Schumer notes you can’t yell “Fire!” in a crowded theater falsely.  Amazing that he would change that from the usual leftist argument of can’t yell it at all.  But here’s where Chucky sows the seeds of his own undoing.  Just like you need the First Amendment to protect that right in case of fire, so to do you need the Second to protect you – not for what one horrible person does against the amendment, whether that be yelling “Fire!” to see people trampled to death, or committing murder; but so that you, the good citizen (who vastly outnumber the monsters) can yell “Fire!” when there is one, and defend yourself against enemies foreign and domestic.

And I’ll let one more commenter blast Chucky’s whole idea to pieces:

12/20/2012 10:39 PM CST
Q. Why would a Civilian need a high-capacity magazine for self-defense? They are only good for killing large numbers of people. Only the police and military should have these…blah … blah … blah…

A. I don’t know any law-enforcement agency whose job it is to kill large numbers of people, do you? Why would the police need high-capacity magazines? When you figure that one out, there will be your answer.


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