Tag Archives: Freddie Gray

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There’s No Such Thing as an Illegal Knife

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“Nationwide, knife laws vary in neighboring towns, counties, cities and states,” writes Jesse J. Holland for the Associated Press. “This mishmash makes it difficult for citizens to comply.”

The AP’s interest in knife laws stems from the recent death, in police custody in Baltimore, of Freddie Gray. Police justified Gray’s arrest by claiming he was carrying an “illegal”  switchblade knife. It turned out that the knife was a perfectly “legal” blade.

That aside, Holland is wrong in any case. Knife laws don’t vary from town to town, county to county, state to state. There’s one federal knife law. It applies to all levels of government in the United States, and unlike most laws these days it is simply written and impossible to misunderstand:

“[T]he right of the people to keep and bear arms shall not be infringed.”

You may recognize that as the operant clause of the 2nd Amendment to the US Constitution. And you should recall that the US Constitution proclaims itself the “supreme law of the land,” superseding all others which conflict with it in any way. As Chief Justice John Marshall wrote in Madison v. Marbury, “an act of the legislature repugnant to the constitution is void.”

Freddie Gray’s knife was not illegal, because in valid US law there is no such thing as an illegal knife (or gun). State, county and local ordinances which infringe on the right to own or carry any weapon are plainly unconstitutional and therefore void. They are also indescribably stupid and evil.

Stupid, because laws are only effective  if they are obeyed. Since criminals don’t obey laws, the sole effect of laws prohibiting possession of weapons is to disarm victims.

Evil, because in the priority of rights — life, liberty and the pursuit of happiness — life comes first. You can’t be free, nor can you seek happiness, if you’re dead.

Indisputably corollary to the right to life is the right to defend that life against any and all threats. Lacking the anatomical defenses found in other animals (claws, poison glands, etc.), we must instead rely on wit and invention. To forbid us possession of the tools of self-defense is to preemptively deny us the exercise of our primary right.

There’s no such thing as an illegal knife. There’s no such thing as an illegal gun. That claim, made explicit in the 2nd Amendment, is implicit in the laws of nature.

Thomas L. Knapp 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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Cops Should be Held to Higher, Not Lower, Standards

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The six Baltimore Police officers charged in Freddie Gray’s homicide.
The six Baltimore Police officers charged in Freddie Gray’s homicide. Top row left to right: Caesar R. Goodson Jr., Garrett E. Miller and Edward M. Nero. Bottom row left to right: William G. Porter, Brian W. Rice and Alicia D. White. (Photo credit: Wikipedia)

I don’t live in Baltimore. I will not be a juror on any of the cases relating to Freddie Gray’s death from injuries he sustained while in police custody. I’m not going to predict the verdicts in those cases, or speculate as to what those verdicts should be.  Those accused of crimes are entitled to fair trials, presumption of innocence, and a burden on the prosecutor to prove the charges beyond reasonable doubt.

That said, the handling of this case, and of most alleged crimes in which police officers are suspects, demonstrates some severe inequities that tend to explain why we see people protesting police violence on the streets.

If you and I go out and abduct someone off the street, hog-tie him, throw him in a vehicle, then drop him off severely injured at a hospital, we’re not going to walk free for a week between then and his death. After he dies, we’re not going get ten days off with pay while a prosecutor conducts a leisurely investigation. We’re not going to make bail without seeing the inside of a holding cell (if we’re allowed bail at all).

We’re going to go directly to jail, without passing Go. We’re going to be immediately charged with kidnapping and assault, and a few days later we’re going to be charged with murder. We’re going to cool our heels in jail for a couple of days before our arraignments and bail hearings.

Freddie Gray was arrested on April 12. He died on April 19. It wasn’t until April 21 that the six officers involved in his abduction and death were suspended (with pay). They were not charged with a crime until May 1. Then they were booked and immediately released on bail.

The difference between you and I and those six cops is that they’re government employees with shiny badges. That’s it. That’s all.

Defenders of the existing system want us believe that, having entrusted those government employees with those shiny badges, we owe them an additional duty of special lenience and extra benefit of doubt in all situations even remotely related to the exercise of their duties.

I say that’s exactly backward. The standards of behavior for cops should be higher, not lower, than for civilians precisely because of the special powers with which they are entrusted.

As soon as it became clear that the officers who arrested Freddie Gray had abused those powers — stopping him without probable cause and arresting him on charges for which they possessed no evidence (the knife he was carrying was legal), they should have been arrested and charged with false imprisonment and armed criminal action.  Followed, a few days later, by the charges relating to Gray’s death.

The “police force” as we know it is a young institution, dating back only a couple of centuries and mere decades in its current, abusively powerful form. The jury is still out on whether that institution can be reformed, or whether we’re better off abolishing it.

Thomas L. Knapp 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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Yes, Mitt, We Have Mass Incarceration in America

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Quoth Mitt Romney on Fox and Friends: “We don’t have mass incarcerations in America. Individuals are brought before tribunals, and they have counsel. They’re given certain rights. Are we not going to lock people up who commit crimes?”

Finding hard statistics on how many Americans are caught up in the nation’s “justice” system is difficult. Here are a few, culled from various sources, which ring true:

One in every three Americans has a “criminal record.”

One in every thirty or so Americans is, at any given time, under some sort of “correctional supervision” — prison, jail, house arrest, probation or parole.

Double those numbers to get some idea of the “justice” system’s impact on African-Americans. Triple them and you’re starting to get into the ballpark when it comes to African-American males.

Two million Americans, give or take, are at any moment actually behind bars. Some polemicists highlight this figure as “the biggest per capita prison population in the world.” I don’t know if they’re right (official figures from, say, North Korea are naturally suspect), but they’ve definitely got a case.

92% of Americans accused of crimes accept “plea bargains,” admit to lesser charges, and forgo their right to trial in return for lighter sentences. 6% go to trial and are convicted. 2% go to trial and are acquitted.

The Mitt Romneys — and, not so long ago, the Bill Clintons — of the world refer euphemistically to this system as “rule of law.”

The rest of us refer to it as “government gone wild.”

How wild?

Wild enough that the most calculatedly centrist, mainstream politician on the American hustings, Hillary Clinton, thought it necessary to take a poke at the problem in reference to the riots in Baltimore following Freddie Gray’s abduction by police and death en route to jail, for the perfectly understandable “crime” of not wanting to hang around an area when the police showed up.

But apparently not too wild for Mitt Romney.  Following two failed presidential campaigns, Romney has re-branded himself as the talk circuit’s new Alfred E. Neuman — “what, me worry?”

Hillary has a point. Or, rather, she’s catching on late instead of never to an existential threat.

To paraphrase Abraham Lincoln, America cannot endure one third criminal and two thirds awaiting arrest. It will cease to be divided. It will re-embrace freedom or it will continue to devolve into totalitarian police statism.

Thomas L. Knapp 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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