Gun Control
The rights to life, liberty and property are meaningless
without the right to self defense. I oppose all federal restrictions on the
sale and possession of defensive weapons.
- The second amendment to the Constitution is clear: "...the right of
the people to keep and bear arms shall not be infringed."
Historically, the founding fathers never intended there to be a standing
army during peacetime, recognizing that governments would be inclined to
use them for purposes other than the defense of the country. Their
preference was for every citizen to be capable of self defense and
national defense. The 'well-regulated militia' were legionnaires, a
guerrilla army spread throughout the country, guaranteeing that no
foreign aggressor could invade without prolonged and persistent
opposition from every capable citizen. Local armories provided weapons
training to any citizen who wanted to participate in the national
defense.
- The military circumstances today are vastly different from what the
founders envisioned, but the philosophical and tactical merits of their
position has not changed. The right to life means that you have a right
to defend yourself against personal aggression, with whatever means are
necessary. You also have a right to defend another victim when it is
evident that they are being assaulted. Although police forces like to
suggest that they will 'protect and defend' everyone against any
assaults, police can only act lawfully after someone's rights have been
violated. The best protection against criminal behavior is for the
criminal to know, or at least suspect, that every citizen is capable of
self-defense.
- The legal issue regarding weapons follows from the concept that a
criminal who has violated the rights of others looses claim to all or
part of their rights. Their property, liberty and life can be taken if
they have acted to destroy the life, liberty or property of another
innocent person. Courts, and more specifically, juries, have the
obligation to objectively decide who is guilty or innocent of a crime
against another. In no way does this 'rule of law' preclude an
individual from making a rational and just determination about
self-defense when that decision is most critical and consequential.
- The modern problem is where to draw the line on whether or what weapons
can reasonably be considered appropriate for self-defense and when that
right can be withheld. Obviously, convicted felons can properly be
precluded from owning any weapon. It's also apparent that a
child, or even an untrained adult, cannot use certain weapons in
self-defense. Their attempted use could put life and limb in serious
jeopardy, both their own and others. We also assume that a minor or
retarded person cannot provide informed consent to a transaction that
involves a deadly weapon. Moreover, weapons come in various degrees of
proximate risk to innocent bystanders. Some are simply not appropriate
for self-defense. My neighbor may like the idea of having an armed M-1
tank in his garage, but it can hardly be classified as a tool of
self-defense!
- States may properly limit the acquisition and possession of certain
weapons by felons, the mentally ill and children. As with other real
property, it may provide or require ownership registration. As it does
with vehicles, it may properly require certain training and demonstrated
knowledge of common law regarding the use of weapons.
- All of these restrictions are optional for each state. The Constitution
prohibits the federal government from imposing any of these restrictions
on the states, by virtue of both the 2nd and 10th Amendments. As a
Congressman, I will oppose the imposition of any guidelines on any state
in the union. If a state chooses to impose no penalty or control of
police, sport or personal defense weapons, the federal government has no
constitutional basis to intervene. Nor does the federal government have
the power to use federal tax dollars to support any state registration
or enforcement.
- It is the federal government's primary obligation to protect and defend
constitutional rights against unreasonable and confiscatory state laws.
As a congressman, I will oppose any federal laws relating to the import,
export, interstate trade, safety or registration of any non- military
weapons. I will seek to repeal the Brady Bill and restrict the BATF to
the investigation of illegal transfers of military weapons.
- The incumbent 24th Congressional District Representative has
co-sponsored four bills that would impose federal restrictions (HR12,
HR476, HR492, HR1047) on non-military weapons, has endorsed the Brady
Bill, and favored a broad expansion of federal control over defensive
weapons.