Second Amendment

Ethics (And Judicial) Hero: Federal Judge Roger Benitez

/ Jack Marshall / 15 Comments

cartoon-guns

If one bothers to read his opinion, which most anti-gun, anti-Second Amendment zealots will not, including your outraged friends on social media, it is clear that that the U.S. District Court for the Southern District of California judge’s long overdue ruling striking down the state’s three-decade-old unconstitutional ban on so-called “assault weapons” is well reasoned, well-researched, and difficult to rebut. As usual, those who want to remove the right to bear arms from law abiding Americans (while law-defying Americans continue to do as they please) are resorting to emotion and dishonesty to argue their case.

It is unfortunate that the judge, who is not one of those evil Trump judges but a moderate appointed by President Bush II, began his opinion with an invitation to be misquoted and misunderstood. “Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment,” Judge Benitez wrote, so furious would-be gun-grabbers are aping California Governor Gavin Newsom, who tweeted,

“Overturning CA’s assault weapon ban and comparing an AR-15 to a SWISS ARMY KNIFE is a disgusting slap in the face to those who have lost loved ones to gun violence. This is a direct threat to public safety and innocent Californians. We won’t stand for it.”

This raises the question, so frequently encountered on Ethics Alarms, of whether a speaker is deliberately lying, or just stupid. In this case, it is also possible that he only read the first sentence, which is irresponsible. Benitez, as the rest of his opinion makes crystal clear, was comparing the versatility of an AR-15 to a Swiss Army Knife, not their characteristics as weapons. An important part of his opinion explains that when the California legislature banned semi-automatic rifles,it never even considered the weapon’s value for self defense, and not just as a “sporting rifle.” (The Red Sox have a utility player named Marwin Gonzalez, and I have heard him compared to a Swiss Army Knife because he can play almost any position; in other words, he’s versatile. No baseball writer has been so foolish as to mock the characterization by saying that the comparison is ridiculous because the knives aren’t alive, Gonzales isn’t Swiss, and he’s much, much bigger.) It is also a non sequitur to call a ruling based on black letter law a “slap in the face” to anyone. Not following the Constitution, as California frequently wants to do, is a slap in the face of democracy.

Continue reading →

The Murder of Megan Montgomery And The Death Of Journalism [Corrected]

/ Jack Marshall / 9 Comments

-megan-montgomery-jason-mcintosh

Here is the NBC News headline: “The state of Alabama took his gun away. When authorities gave it back, he shot and killed his wife.” Here is the sub-head: “Alabama authorities took his gun away after a violent domestic incident. Nine months later they gave it back, and he used it to shoot and kill his wife.”

And this is what readers don’t learn until, (let’s see) 17 paragraphs into the story:

“On the night of Feb. 23, 2019, [Megan] Montgomery and [Jason] McIntosh got into a physical altercation at their home. Fellow officers from McIntosh’s department responded to a 911 call from McIntosh, who reported that Montgomery had a gunshot wound. According to the responding officers, Montgomery said she had grabbed McIntosh’s duty weapon with her right hand for her own protection. The two began to struggle for the weapon. Montgomery, 5’8″ and 135 pounds, was shot in her upper right arm. McIntosh, 6’4” and 225 pounds, told the responding officers that during the struggle he thought Montgomery had his cell phone in her hand. According to the report, McIntosh said it was only when the gun went off and the bullet hit his wife that he realized they’d been fighting over a gun. Because McIntosh was a police officer, the head of the Alabama Law Enforcement Agency (ALEA) ordered Special Agent Vince Cunningham to investigate the incident….Cunningham took McIntosh’s firearm as evidence. He interviewed Montgomery on Feb. 26, 2019. She told him that during the incident “she was afraid,” according to the investigative summary written by Cunningham…The ALEA summary says that when Montgomery was asked if the shooting was an accident, she said yes. The summary also says that the officer who took Montgomery to the emergency room told Cunningham that when doctors asked Montgomery what happened, she told them, “He shot me.”….The district attorney did not file charges, concluding in a letter there was “no evidence of the commission of any felony offenses by either Mr. Mcintosh or Ms. Montgomery.” The DA left open the possibility that the City of Hoover could file a misdemeanor offense against either one of them. That never happened. Meanwhile, McIntosh was repeatedly texting ALEA Special Agent Cunningham asking to get his gun back, according to documentation reviewed by NBC News. McIntosh claimed he needed the gun to get a new private security job….Though he had used it as a duty weapon with the Hoover Police Department, the gun was his personal property.”

That is all material information necessary to understanding the tragic incident, isn’t it? Indeed, if the story is really intended to let readers know what happened and why, that part of the story needed to be part of the narrative, right at the beginning. Instead, the reporters set out to spin the facts to maximize anti-gun rights sentiment. An estranged wife with a history of physical altercations with her husband was shot and killed by him after an earlier incident involving his gun, after she had filed for divorce, after a restraining order, and after he had been given his gun back by the backwards state of Alabama. Outrageous! How could that happen?

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Monday Morning Ethics Warm-Up, 4/27/2020: It’s Come To This…

/ Jack Marshall / 12 Comments

…I have to rely on cute Jack Russell Terrier videos to keep me from heading to the bridge…

1.  No, guys, it’s not unethical to retract a bad law. SCOTUS Justices Samuel A. Alito Jr, Thomas and Gorsuch were annoyed that the Supreme Court refused to consider the Constitutionality of a New York anti-gun law after the state not only repealed the law, but passed a law preventing a similar law from being passed again. The Supreme Court today dismissed a major gun rights case that Second Amendment activists had hoped would clarify the right to bear arms. The decision dismissing the case was unsigned, but the dissent was signed, so we also know who made up the majority.   “By incorrectly dismissing this case as moot, the court permits our docket to be manipulated in a way that should not be countenanced,” Alito et al. hurrumphed. The law’s removal rendered the case moot and denied the Court an opportunity to explore whether there is a right to carry a gun outside the home.

I’d say that when the prospect of being slammed by the Court makes a state back down from an overreaching law, that’s a win. Stop complaining. Continue reading →

Morning Ethics Warm-Up, 4/22/2020: Krugman, Whitmer And Lemon

/ Jack Marshall / 8 Comments

Good morning, all!

1. Bad guys 1. Paul Krugman’s column yesterday had the despicable headline, “The Right Sends In The Quacks.” “The quacks” according to Krugman are the Americans who are protesting in public to send a vivid message to increasingly dictatorial mayors, governors and police departments that opening society and allowing people to live their lives like free citizens rather than inmates needs to be a priority, a concept many in office as well as much of the news media appear to have discarded.

Why are the protesters “quacks?” Well, for one thing, they don’t regard protesting government policy as a non-essential activity, as we were told last week by one of our courageous, first-responder police departments. Second, many of them wore MAGA hats, meaning they are per se racists and idiots. Worst of all, some of them carried guns, legally, but still. Guns bad.

Although if I were a protest consultant, I would advise against the guns, legal weapons symbolize the Second Amendments assertion that individual rights much not be squashed by government over-reach, and that citizens have a right to arm themselves as a matter of self-defense, against their own government if necessary. It may be a message that progressives and anti-Second Amendment fanatics are incapable of processing, but it is a crucial message nonetheless, particularly when Americans are witnessing things like this, or this.

2. Or this: Democratic Michigan Governor Gretchen Whitmer, currently the face of Wuhan virus crypto-totalitraianism, told  Rachel Maddow last week that she was considering extending social distancing guidelines in response to Michigan  protests against her stay-at-home restrictions. “We might have to actually think about extending stay-at-home orders, which is supposedly what they were protesting,” Whitmer said.

“Supposedly.” Nice. Continue reading →

Monday Morning Ethics, 3/30/2020: As Another Fun Week Looms…

/ Jack Marshall / 19 Comments

Yes, I’ve been thinking about this episode (“The Shinning”) of “The Simpsons” a lot lately…

Of course, in my case, I’m writing on the walls, “No baseball, no seminars make Jack Go Crazy!”

1. And speaking of people going crazy: the various anti-gun mayors and governors who are arguing that gun stores are “non-essential” are displaying their irrational Second Amendment phobia, much like Ohio and Texas attempting to prohibit abortions as “non-essential” surgery. The ability to self-arm is more essential at times of social disruption than usual. Looting and attacks on homes are just around the corner as resources dwindle and people become desperate, and we already have plenty of evidence that irresponsible, anti-social and unstable members of the public are not as rare as we might wish. The comparisons of the Wuhan virus crisis to zombie scenarios (as in “World War Z”) are invitations to hysteria, but in one respect the analogy is apt. Guns are useful tools to have around in both situations.

2. Good. From CNN:

The Justice Department has started to probe a series of stock transactions made by lawmakers ahead of the sharp market downturn stemming from the spread of coronavirus, according to two people familiar with the matter. The inquiry, which is still in its early stages and being done in coordination with the Securities and Exchange Commission, has so far included outreach from the FBI to at least one lawmaker, Sen. Richard Burr, seeking information about the trades, according to one of the sources. Public scrutiny of the lawmakers’ market activity has centered on whether members of Congress sought to profit from the information they obtained in non-public briefings about the virus epidemic.

And if this causes the Republicans to lose control of the Senate, they deserve it. Burr, in particular, should resign now. He should not be allowed to run for re-election.

3. I would think that this is a slippery slope we don’t want to get on… Continue reading →

After School Ethics Special, 1/6/2020: Stupidity On Parade

/ Jack Marshall / 24 Comments

 

“Help?”

A grateful pointer to Althouse for finding this photo, which raises automatic ethics questions. I am viscerally opposed to putting sweater, clothes and costumes on dogs, in part because all of our dogs have hated it, and one, our feisty Jack Russell Dickens, would twist himself like a contortionist to get out of any garb, whereupon he would rip it to shreds. Several of her commenters make a great point, however: it is unethical to force dogs bred for warm and dry climates to live in wet, cold ones. I have dog-lover friends who insist that dogs are humiliated by being dressed up, like Ralphie in his bunny pajamas. That, I think, is a stretch.

1. Don’t blame Disney. Emerson Elementary School in Berkeley, California decided to raise money for the PTA by selling tickets to a screening of  The Lion King. CNN explains,

“One of the dads bought the movie at Best Buy,” PTA president David Rose told CNN. “He owned it. We literally had no idea we were breaking any rules.” While the school doesn’t know how exactly the company discovered the movie was played, Rose said the school’s PTA will “somewhat begrudgingly” cover the cost of the screening. An email sent to the school by Movie Licensing USA informed Emerson faculty that the company had “received an alert” that “The Lion King” was screened during an event on November 15. Movie Licensing USA manages licensing for Disney and other major studios. And since the school does not have a license with the company, it’s been asked to pay $250 for the screening — and $250 per showing of the movie at any future events at the school.”

What? “Somewhat grudgingly”? They had “no idea” charging for tickets to see copyrighted material broke any rules? Those rules are well-displayed on any DVD, and any duty of reasonable intelligence should be able to figure out what’s illegal about doing what they did. There weren’t any lawyers among the organizers and attendees?

In its story about this episode, Boing Boing, an entertaining site with an annoyingly “woke” staff, implies that Disney is being an greedy old meanie, and that the PTA was an innocent victim of another evil corporation.  Wrong, and stupid. If companies don’t protect their copyrights and trademarks, they can lose them. Disney has been overzealous in this area, but not on this occasion.

2. KABOOM! Chris Matthews suggested yesterday that the Democrats should consider nominating Adam Schiff for President. Continue reading →

Ruby Tuesday Ethics Round-Up, 1/21/2020: The Boy Scouts Are Going Down, Curtis Flowers Is Getting Out, And David Hogg Is Still An Ignorant Yutz

/ Jack Marshall / 23 Comments

Good morning, everybody!

Good morning, Mick!

It’s disturbing how things get planted in my head: I couldn’t get the Rolling Stones out of it after someone commented, in reaction to an observation that we had another anti-Trump freakout looming when Justice Ginsberg dies, to the effect that she was the Keith Richards of the Supreme Court. Okay, but she has to leave us sometime,  as do we all, and I would bet that she cannot last another four years. I don’t even like to think about how low Democrats, the “resistance” and the news media will go to try to block the confirmation of a conservative replacement, or the hysteria that will follow.

1. The Lesson: organizations tend to act to protect themselves, not the victims of their misconduct. The Boy Scouts of America may face bankruptcy as lawsuits alleging sexual abuse by leaders and volunteers proliferate. The crisis is greatly aggravated by the loosening statutes of limitations across the country. The District of Columbia  eliminated the statute of limitations that restricted  the time for sexual abuse survivors to pursue civil litigation,  and created a two-year window for survivors under the age of 40 to file suit regardless of the date of the incident.  Accordingly,  Abused in Scouting filed suit in Washington, D.C., on behalf of eight men who say they were victimized as boys by Scout leaders and volunteers. The same process is going on in California, where similar suits are underway by 14 plaintiffs. California’s Assembly Bill 218 just kicked in on January 1, like D.C.’s law allowing victims of child sexual assault to file suit until age 40 and opening a three-year window for those abused as children to sue for past incidents.  Many more states have or soon will follow suit.

This appears to be ready to follow the awful path of the Catholic Church’s child molestation scandal, with similar evidence of cover-ups. The BSOA are a lot smaller than the Church, but they also have far less money to pay in multi-million dollar court settlements. It didn’t take a lot of imagination to see this coming, and the Scouts were already in trouble, with a blurring mission, falling membership and gender issues.

The Boy Scouts saved my father’s life, as I’ve related on Ethics Alarms elsewhere. I’m glad he didn’t live to see this. Continue reading →

Martin Luther King Day Ethics Overview, 1/20/2020: Another Warren Lie, The Times’ Misandry, Doris Kearns Goodwin Gets Dorian Grayed, And More

/ Jack Marshall / 22 Comments

Let us be grateful today for Rev. Martin Luther King.

I have no doubt that the nation would be a worse place today without the leadership of Martin Luther King, and I believe a holiday dedicated to honoring him is appropriate. He is also a symbol, perhaps, of the toxic hypocrisy dividing the nation, as well as the excesses and exploitation of the civil rights movement since his death.

From Jonathan Rauch’s review of Christopher Caldwell’s new book, “The Age of Entitlement”:

In Caldwell’s telling, the Civil Rights Act, which banned many forms of discrimination, was a swindle. Billed as a one-time correction that would end segregation and consign race consciousness to the past, it actually started an endless and escalating campaign of race-conscious social engineering. Imperialistically, civil rights expanded to include “people of color” and immigrants and gays and, in short, anyone who was not native-born, white and straight — all in service of “the task that civil rights laws were meant to carry out — the top-down management of various ethnic, regional and social groups.”

With civil rights as their bulldozer, in Caldwell’s view, progressive movements ran amok. They “could now, through the authority of civil rights law, override every barrier that democracy might seek to erect against them”; the law and rhetoric of civil rights “gave them an iron grip on the levers of state power.” And so, today, affirmative action discriminates against whites and then lies about it; public and private bureaucracies trample freedom of association; political correctness stigmatizes dissent and censors language and even thought; “every single state must now honor” Martin Luther King Jr., “and affirm its delight in doing so.”

1.  Senator Warren’s latest lie! The previous post about Warren lying omitted her most recent one, which came up while I was drafting it.

Campaigning in Iowa,  Warren was asked  when she plans on using presidential authority for some of her policy agenda instead of relying on Congress. She responded in part,

“Let me remind you, I think, I’m the only one running for president whose actually been on the executive side. Remember, after the consumer agency was passed into law, Barack Obama, President Obama, asked me to set it up. So I set up a federal agency. We effectively went from two employees the day I walked in the door to about 1000 and spent a year getting it up and operational.”

Now, as I did yesterday regarding an alleged Trump lie, the use of “I think” can be a defense to an accusation of lying, since it means, “I could be mistaken.” In Trump’s case, what he erroneously thought (that he had been on more TIME covers than anyone else) could have plausibly been caused by not knowing facts that were not well known or easily found. There is no way that Warren could have thought that her smidgen of executive experience exceeded that of her competition for the nomination. Joe Biden was Vice President, also on the “executive side,” and was in charge of more than helping to set up one tiny agency. Bernie Sanders was once mayor of Burlington, Vermont. Mayor Pete is, after all, a mayor. Mike Bloomberg was Mayor of New York City, which many regard as the equivalent of being a governor. Continue reading →

Unethical Quote Of The Month: USA Today Op-Ed Writer Elvia Diaz

/ Jack Marshall / 26 Comments

“Jack Wilson is a hero alright. It took him only six seconds to kill a gunman at a Texas church, saving countless lives. Unfortunately, that kind of split-second heroism has been turned into a PR tool by gun advocates…. he’s exactly the kind of man you want around with a firearm. But we know nothing about the at least six other parishioners who also appeared to draw their handguns at West Freeway Church of Christ in White Settlement, Texas. And that’s terrifying.”

Elvia Diaz of the  Arizona Republic, USA Today, in a Jan. 1 , 2020  USA Today op-ed.

The paper, soon to be defunct (thankfully—I would not be shocked if it didn’t last the year), has been furiously flamed on social media for this obnoxious and telling commentary. It doesn’t take much, beyond respect for American citizens and the Second Amendment, to pinpoint the ethics illness on display here.

Every mass shooting instantly is politicized into a repetition of the anti-gun propaganda that has become a reflex on the Left and in the mainstream media since the Sandy Hook school shooting. The disappointment among this group over a shooting being foiled by a lawful gun owner has been nauseating. The right to own guns is the right to self-defense, and not to have to depend solely on  the government for self-preservation.

The result in White Settlement should be used to counter the efforts to strip gun rights from citizens, because there are many benefits to society of private gun ownership.

The op-ed perfectly summarizes the media’s distrust of Americans and personal liberty. It’s so terrifying that those owning guns, and prepared to use them lawfully, haven’t been certified as worthy of self-defense rights by obtrusive government overseers. What an ugly bias.

The social media reactions have been impressively on point… Continue reading →

Monday Ethics Pot The End Of The Rainbow, 12/30/19: The Post Turns On Maddow, Second Amendment Rights In Action, And A Fast Food Fiasco

/ Jack Marshall / 26 Comments

There‘s a huge rainbow outside!

Either its the sunshine coming through the just lifted rain, or the LBGTG army has taken over!

1.  But..but..the narrative! On Sunday, a man entered a church in White Settlement, Texas, and started firing on worshippers, until he was shot dead by a member of the church security team. Two worshipers died.  Thettacker was only able to get off two shots before being shot by a security guard ,reportedly an ex-FBI agent, who was an excellent marksman.

Several other armed congregants at the West Freeway Church of Christ grabbed their own firearms and prepared to shoot if necessary.

A 2017 law passed by the Republicans in the Texas legislature allowed church goers to carry licensed guns, on the theory that gun-free zones wouldn’t deter killers and criminals, which yu would think would be self-evident. Democrats and allies of Michael Bloomberg condemned the law.

Where’s that “if it only saves one life” rationalization that President Obama was so fond of? Continue reading →