The First Amendment Saved the Second Amendment. What’s Next?

XP002By Kamenev (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons

“It’s impossible to effectually outlaw guns,” I wrote in 2015, “without also outlawing writing, speaking and thinking about guns.” I was referring to a US State Department censorship order requiring Cody Wilson and Defense Distributed to remove 3D printing files for the plastic “Liberator” pistol from the Internet.

With the help of the Second Amendment Foundation, Wilson and his firm sued against the order.  With the help of the First Amendment, they won. The US government realized it had a losing case and settled. Effective August 1, America goes back to having a free press vis a vis guns.

A free press plus rapidly proliferating DIY production technology equals the final nail in the coffin of “gun control” as a practical notion. Not that it ever really was one, what with more than 250 million guns already in the hands of more than 100 million Americans. But now it’s no longer just a lop-sided contest, it’s a done deal. “Gun control” is over.

Wilson hasn’t been idle while awaiting his big win. He’s gone from plans for 3D gun printing in plastic to offering a consumer-priced CNC milling machine — the Ghost Gunner — with software that can turn a block of metal into the frame of an AR-15 rifle or a .45 semi-automatic pistol right in anyone’s home workshop. No serial number. No permit. No background check. That’s that. We’re done here.

As the clock runs forward, it’s now also going to run backward. Because 3D printers and CNC mills will make whatever they’re programmed to make, consider the National Firearms Act of 1934 repealed. If there aren’t already CAD files out there telling home milling machinery how to turn out machine guns and silencers, there soon will be. You don’t have to like it. That’s how it is whether you like it or not.

For decades, “gun control” advocates have, from behind the sturdy shield of the First Amendment, agitated for willful misinterpretation of, or even repeal of, the Second. They still have that shield, as well they should. What they no longer have is any plausible case that they can get their way.

So, are “gun control” advocates ready for a ceasefire? Are they willing to start discussing real ways of achieving their supposed goal — reducing violence in American society — instead of continuing to pursue their lost cause?

I doubt it. Lost causes are both more fun and more profitable than getting serious. But let’s hope.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Elections: More than Half of Americans Believe Fairy Tales are Real

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According to a new poll conducted by Ipsos  in partnership with the University of Virginia Center for Politics, 51% of respondents agree (15% “strongly” and 36% “somewhat”) with the statement “American elections are fair and open.”

The Ipsos headline characterizes that percentage as “only half.” That’s akin to noting that “only half” of Americans believe the Earth is a flat disc of provolone cheese, balanced atop the fingertips of seven celestial belly dancers. “Only” half?

Republicans, males, people over 55, people making more than $50,000 a year, and whites are more likely to believe this bizarre claim than Democrats, females, younger voters, the under-$50k crowd, and non-whites, but even among the latter buy-in is disturbingly high.

That over-55 demographic is plenty old enough to remember that after Ross Perot made it onto the presidential debate stage in 1992 (as an independent) and 1996 (as the Reform Party’s nominee), the Commission on Presidential Debates added a 15% polling bar to its rules to ensure that only Republicans and Democrats need apply.

Every four years, the CPD — established after the National Commission on Elections recommended  “[t]urning over the sponsorship of Presidential debates to the two major parties” — makes millions in illegal in-kind campaign contributions to Republican and Democratic presidential and vice-presidential candidates, and no others, in the form of joint campaign commercials falsely advertised as “debates.”

Most disturbing: 49% of self-described “independent” voters — voters deprived of choice by a tangled web of ballot access laws expressly designed to keep third party and independent candidates off the ballot and campaign finance laws that keep them marginalized if they get over those ballot access hurdles — still believe in the Fair and Open Election Fairy.

American elections started becoming less fair and less open in the late 19th century when state governments started printing “Australian” ballots and controlling access to those ballots. Before that, American voters hand-wrote their ballots, orally dictated their ballots to election officials if they couldn’t write, or used pre-printed ballots provided to them by their parties or candidates of choice.

While movements for more fair and more open elections have made some advances since then — for example,  constitutional amendment to provide for female suffrage, and partial gains versus attempts to suppress the African-American vote — we’ve still got a long way to go.

As champions of addiction recovery like to say, the first step is admitting we have a problem. Fairies aren’t real. And American elections aren’t fair and open. Yet.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Have Mueller and Rosenstein Finally Gone Too Far?

U.S. Department of Justice headquarters, August 12, 2006.jpg
The Robert F. Kennedy Department of Justice Building in Washington, D.C., headquarters of the United States Department of Justice. Source: Wikipedia. Creative Commons Attribution-Share Alike 3.0 Unported by CoolCaesar
 

Friday the 13th is presumably always someone’s unlucky day. Just whose may not be obvious at the time, but I suspect that  “Russiagate” special counsel Robert Mueller and Deputy US Attorney General Rod Rosenstein already regret picking Friday, July 13 to announce the indictments of 12 Russian intelligence officers on charges relating to an embarrassing 2016 leak of Democratic National Committee emails. They should.

Legally, the indictments are of almost no value. Those indicted will never be extradited to the US for trial, and the case that an external “hack” — as opposed to an internal DNC leak — even occurred is weak at best, if for no other reason than that the DNC denied the FBI access to its servers, instead commissioning a private “cybersecurity analysis” to reach the conclusion it wanted reached before hectoring government investigators to join that conclusion.

Diplomatically, on the other hand, the indictments and the timing of the announcement were a veritable pipe bomb, thrown into preparations for a scheduled Helsinki summit between US President Donald Trump and Russian President Vladimir Putin.

House Republicans, already incensed with Rosenstein over his attempts to stonewall their probe into the Democratic Party’s use of the FBI as a proprietary political hit squad, are planning a renewed effort to impeach him. If he goes down, Mueller likely does as well. And at this point, it would take a heck of an actor to argue with a straight face that the effort is unjustified.

Their timing was clearly intentional. Their intent was transparently political. Mueller and Rosenstein were attempting to hijack the Trump-Putin summit for the purpose of depriving Trump of any possible “wins” that might come out of it.

They secured and and announced the indictments “with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States.”

That language is from 1799’s Logan Act (18 U.S.C § 953). Its constitutionality is suspect and no one has ever been indicted under it in the 219 years since its passage. Rosenstein and Mueller aren’t likely to be the first two, and may not even technically have violated its letter. But I’d be hard put to name a more obvious, intentional, or flagrant act in violation of its spirit.

Rosenstein and Mueller are attempting to conduct foreign policy by special prosecutor, a way of doing things found nowhere in the US Constitution. Impeachment or firing should be the least of their worries. I’m guessing that there are laws other than the Logan Act that could, and should, be invoked to have them fitted for orange coveralls and leg irons pending an appointment with a judge.

That they even have defenders is proof positive that some of Trump’s most prominent opponents consider “rule of law” a quaint and empty concept — a useful slogan, nothing more — even as they continually, casually, and hypocritically invoke it whenever they think doing so might politically disadvantage him.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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