Liberty Is Essential

While breaking my self-imposed isolation yesterday for a supply run, I saw an older gentleman beside the road in a lawn chair with two flags, an Old Glory and a Gadsden. He was holding a sign that read, “Liberty is Essential”. I couldn’t help but think to myself how appropriate this was right now. Around the country from Maine to California, everyday people are coming together to protest the draconian restrictions, loss of business and the loss of their civil liberties that have become so synonymous with COVID-19.  They are demanding that their states begin to reopen their economies and let people get back to work and take care of their families.  Seeing these loud but peaceful protests springing up, and this one man sitting alone beside the road, makes me proud of what our country can be. 

No doubt you have seen how quickly our rights have been stripped away in the interest of “public health”. Businesses not defined as “essential” by their state or local government have been ordered closed. Of course, there is no standard definition of what essential is. In some areas even those allowed to stay open cannot sell so-called non-essential items such as vegetable seeds or plants. Large retailers are allowed to remain open while small mom & pop shops are ordered closed. Health care has been limited to emergency care only. “Outside is for a brief respite” only. Otherwise, you are expected to remain in your home. 

Yet the worst infringements have attacked our natural, constitutionally protected rights. Religious services banned. The ability of the people to assemble banned. The right to petition our government banned. The right to bear arms banned. 

All of this has been done in the name of public health. Yes, I know. With no effective means to treat or vaccinate against COVID-19, the current best way to prevent the spread of the disease is isolation, social distancing along with protective masks, gloves and good old-fashioned hand washing. Yet all of that can be accomplished without taking away our rights. 

It’s important to keep in mind our constitutionally protected rights don’t have an asterisk next to them. There is no condition, natural or manmade that suspends our rights. In fact, in times of a local, regional or national crisis, I would argue our constitutionally protected rights are even more important. 

Yet our history tells us our governments have done just that. Notably during Hurricane Katrina when personally owned firearms were confiscated from everyone, even those trying to protect their lives and property or attempting to flee the city. Residents were not allowed to congregate and were forcibly removed from their own homes and property seized.  By all accounts, Katrina was a human rights disaster. As a result, laws were passed to prevent abuses like this in the future. Somehow, all this seems to have been forgotten today. 

This crisis has seen the same overzealous enforcement of emergency executive orders as we saw during Katrina. Leaving your home for anything not expressly listed as an essential activity subjects you to arrest. Examples from around the country have shown clearly inappropriate uses of force to enforce social distancing and stay-at-home orders.  

In a protest rally at the capitol in South Carolina, a protestor was arrested, and others dispersed by the State Capitol Police. The Raleigh Police defended the action by putting out a statement “Protesting is a non-essential activity.” 

In Mississippi and Kentucky, among other places, people attending religious services in parking lots, while sitting in their cars, windows rolled up and listening to the services on low-power radio stations, were cited or reported to health departments for mandatory 14-day quarantines. 

Firearms and ammunition retailers have been forced to closed in numerous states and localities as they are not considered “essential”. At the same time, liquor stores and marijuana dispensaries in the same areas have been allowed to operate. 

Probably the most telling comment comes from the Governor of New Jersey when questioned about why he allowed arrests at religious services to be part of coronavirus quarantine enforcement. Asked; “By what authority did you nullify the Bill of Rights in issuing this order? How do you have the power to do that?” The governor responded, “That’s above my pay grade, Tucker, I wasn’t thinking of the Bill of Rights when we did this.”

So there you have it. Enacting laws and executive orders without considering the Constitutional implications OR, not giving a damn about the Bill of Rights or just plain figuring they can do anything they want. Either way, our rights are being stripped away. 

If you’re thinking, well… this is just a temporary measure for everyone’s safety and protection, isn’t it better to give up our rights for a while? Unfortunately, that’s not how it works. Rights taken away are seldom fully returned. There are always asterisks, conditions and exceptions that come along with it that allow rights to be taken away again and taken further away. This year it’s COVID-19. Next year it could be an earthquake or flood, or a bad year for the seasonal flu, or a small group of protesters marching to the capitol. Are you willing to give up your rights during any time of crisis? 

Our natural rights were so important that our Founding Fathers listed them in the Bill of Rights, a document that doesn’t grant those rights, but rather limits our government’s ability to restrict them. This nation was founded during a time of crisis, when we were fighting for our independence from an oppressive government. Men and women were putting their lives on the line and dying so that we could live free.  Knowing our history, how can anyone believe our Constitution and Bill of Rights do not apply in a time of national emergency?  

I’d like to thank that gentleman sitting beside the road yesterday for reminding me and everyone who went by of what is really important. Unfortunately, I’ll likely never know his name and I was only able to give him a couple of beeps of my horn as I passed, but if he provides a little inspiration for just a few us of, then his time very well spent.  

Liberty is Essential 

Bob

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COVID Part 3: Send Lawyers, Guns and Money

Send Lawyers, Guns and Money

Following the liberal / progressive strategy of “Never let a crisis go to waste”, gun control politicians around the country have been using COVID-19 to make further infringements on your Second Amendment protected natural rights. Calling firearms retailers non-essential, they are ordering these businesses closed.  This comes at a time when hundreds of thousands of Americans are choosing to purchase firearms for the first time to protect themselves and their families. Their justifiable fear comes from their local and state governments’ own actions of limiting the types of calls law enforcement will respond to while simultaneously releasing prisoners from state and local lockups “to protect them from COVID-19”.  Just as they have always done, the gun control politicians are creating public safety problems and not allowing law-abiding citizens to protect themselves. 

There are many facets to this problem. With non-essential businesses closed down, retail property is left unprotected. Downtown shopping districts in cities around the country look like they are preparing for a hurricane with windows and doors boarded up to help protect the property from break-ins. Of course, burglaries have been on the increase despite the pleas from local politicians for criminals to stop their law-breaking activity. Go figure. 

At the same time, many law enforcement agencies are no longer responding to non-priority calls, instead taking reports over the phone. Physical arrests are being replaced by citations in most non-violent misdemeanor and felony cases. These actions are meant to minimize the potential exposure of officers, protect the offenders from COVID-19 and not over burden the emergency systems. 

To make things even worse, state, county and local officials are releasing thousands of convicted prisoners from jails and prisons ‘to protect them from COVID-19’. In some areas like California, they claim they are only releasing “non-violent” offenders. Of course, keep in mind that California considers assault with a deadly weapon on a peace officer; battery with serious bodily injury; solicitation to commit murder and rape/sodomy/oral copulation of an unconscious person or by use of a date rape drug all non-violent. New York has even gone to the trouble of providing transportation, hotel rooms and pre-paid cell phones at no cost to the prisoners being released for COVID-19 protection. In some states, the ACLU is petitioning for large scale release of prisoners to “protect them from COVID-19”. The results of this are what you would expect. Violent crimes, including rape, robbery and murder have been committed by these released convicts. 

So now an environment has been created where property is unprotected, officers are not responding to calls and so-called “non-violent” criminals are being released back into the community. This on top of a nationwide shortages of essential consumer goods and millions of people out of work with no source of income. 


Guns

A natural response to this would be the desire to protect yourself and your family. Firearm retailers around the country have been mobbed with people looking to purchase firearms and ammunition. So much so that many stores are selling out on a daily basis and desperately seeking new inventory from distributors. NCIS (National Instant Criminal Background Check System) reported running 3,740,688 background checks in March, a number 33 % higher than the previous record of more than 2.8 million set in February. 

But of course, the reaction from the gun control groups has been predictable stating: “As a result of fears stoked by the National Rifle Association (NRA) and other gun-industry groups, we saw more federal background checks initiated in March 2020 than any other on record.” 

While the desire to purchase firearms has been an entirely organic response to the decrease in public safety, the most radical anti-gun control states and communities have decided that firearms and ammunition, a natural right protected by the Second Amendment, are not essential and closed firearm and ammunition retailers. 

A few examples from around the country: 

  • The governors of Pennsylvania, New York, New Jersey (see below) and New Mexico decided firearms retailers were not essential and ordered them closed. Some exemptions were given to those retailers and ranges that service law enforcement or security companies.   
  • New Jersey shut down all firearms sales by simply shutting down the state system used to do background checks. One of 12 “point of contact” states that perform their own background checks, it gives the state instant ability to stop sales statewide with the click of a mouse. (Side note: California’s DROS (Dealer Record of Sales) system has the ability to shut off single retailers, groups, geographic regions or the entire state but surprisingly has not been used in this situation, or at least not yet.) 
  • In North Carolina and Ohio, Sheriffs who were overwhelmed by the influx of pistol and concealed carry permit requests decided to stop processing them until after the COVID-19 crisis, effectively shutting down handgun purchases and new concealed carry permits. 
  • The Los Angeles County Sheriff, and other local authorities, determined firearms retailers were not essential and ordered them to be closed. 

Lawyers

If you’ve read any of my articles before, you already know I’m not a fan of lawyers and filing lawsuits to overturn gun control laws. Even in the absolute best of circumstances, it’s a crapshoot. The chances of getting gun control laws reversed is slim at best and even when they are reversed, new ones are crafted to take their place. 

But I’ll be the first to admit that in this particular crisis, we have seen some success in getting the executive orders closing firearms and ammunition retailers and ranges reversed. It hasn’t been across the board and in places like Los Angeles County, they have flip-flopped back and forth so often it’s difficult to keep track of the current status. 

Highlighting the issue these lawsuits have is that courts are still using “intermediate scrutiny” to determine the merits of the case. Some courts, especially in most liberal circuits are also relying on faulty evidence and ignoring the Constitution and Supreme Court precedence to reach their decisions. The hope is that someday the United States Supreme Court will rule in favor of “strict scrutiny” for all Second Amendment cases. It won’t solve activist judges ignoring the law, but it will be a start. 

One positive thing that has occurred at the federal level is the March 28 guidance from the Department of Homeland Security. In it, the updated list of “essential critical infrastructure workforce” now includes “Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges.”

Money

Protecting our rights isn’t free. It should be, since supporting the Constitution and the Bill of Rights should be what every United States citizen does every day. But we’ve come to realize that there are those who wish to subvert our rights for the enrichment of their own needs. 

Sadly, lawsuits must be filed which means lawyers are involved. So giving to the Second Amendment / firearm rights protection organization of your choice is essential. If you can’t afford to right now, then volunteer a little time to send letters or emails and help get others to contribute. 

But always remember, the ONLY way to keep these kinds of unconstitutional laws from being enacted in the first place is to STOP electing anti-gun politicians. Regardless of how attractive their other platform items are, if they can’t support and defend the most basic elements of the United States Constitution and the Bill of Rights, how are you going to trust them to do anything else? Find and support politicians at the local, county, state and federal levels who will support and defend the Constitution. 

Warren Zevon got it right, the sh*t has really hit the fan during this health crisis. But rather than sitting back and watching our rights erased before your eyes, it’s time to get up off your ass and do something about it. While mass marches and protests at the capitol aren’t the wisest move during a pandemic, if you have a phone or an internet connection, you can make a HUGE difference. Let your elected representatives know how you aren’t willing to give up your rights for COVID-19. And when you get that “Dear Constituent” letter blowing you off back in the (e)mail, you’ll know who you won’t be supporting in the next elections. 

Time to get on the list! 

Bob

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COVID Part 2: I’m From The Government And I’m Here To Help

“The nine most terrifying words in the English Language are ‘I’m from the government and I’m here to help.’” Ronald Regan’s quote has come to symbolize everything that can and usually does go wrong when the government becomes involved. Our nation was founded on the basis of limited government as witnessed by the Bill of Rights which limits the powers of the government instead of granting rights to the individuals as is the current fad of understanding. Whenever the government tries to help, there is inevitably more red tape, cost, abuse and waste. And is often the case, those who need the help the most are the least likely to get it. Look at the ‘help’ the government, mostly at the local and state level, are providing during the current pandemic for examples.

State and local governments around the country have implemented “Shelter-In-Place” or “Stay-At-Home” guidelines. Which of course, given the contagious nature of COVID-19, is sensible. In many cases however, this hasn’t been the end of it. Government imposed closing of all but essential services have put millions out of work around the country. What is and isn’t considered an “essential service” is similar to the definition of a so-called “assault rifle”, it’s purely up to the government official making up the list and subject to change at any time. 

Typical essential services have included health care, emergency services, grocery stores, pharmacies, gas stations and the transportation industry. But not without exceptions. Non-emergency surgery is typically not considered essential resulting in the indefinite cancellation of thousands of needed procedures. Liquor stores and marijuana dispensaries may or may not be considered essential, depending on where you are. Likewise, firearms retailers may or may not considered essential, depending on location and if they have law enforcement customers. 

Social distancing and wearing masks in public is another highly specific, and contentious set of regulations. Strictly enforced in some situations, they are ignored in others. 

While the stated intent of all these regulations are to protect public health and not over burden the health care system, what is occurring goes well beyond that. A few examples: 

  • Stopping vehicles with out of state license plates entering the state to mandate 14-day quarantines for the occupants (Rhode Island/Florida). 
  • National Guard members going door to door looking for out of state residents (Rhode Island).
  • Putting GPS ankle monitors on those who have tested positive for COVID-19 and their uninfected families to ensure they remain quarantined (Kentucky).
  • Banning religious gatherings even if social distancing guidelines are adhered to (Kentucky, New Mexico)
  • Closing pubic parks, beaches and other public facilities (California, Vermont, etc.)
  • Restricting the goods that can be purchased at essential stores to only government designated essential products, which does not include items such as vegetable seeds and plants (Michigan, Indiana, Vermont)
  • Using the State Police to go conduct surveillance of essential and non-essential businesses and order them closed (New Mexico).

But perhaps the most concerning are the ways the social distancing regulations are being enforced. 

  • A father was arrested and handcuffed in front of his six-year-old daughter for throwing a ball in a park even though the park was not closed, and they were following social distancing guidelines (Colorado).
  • 10 officers drag a man off a public transit bus for not wearing a face mask. A second person was removed from the bus for wearing a scarf – in compliance with local health guidelines – instead of a facemask. The transit employee ordering the people off was himself not wearing a facemask (Pennsylvania).
  • Ticketing and reporting the occupants of vehicles at ‘religious drive-in services’ to the health department for mandatory quarantines (Kentucky).

Despite the heavy-handed approach from some cities, counties and states, there are of course, exceptions to government mandated regulations.

  • The Mayor of Chicago went out for a haircut despite hair salons not being essential services. Her justification? “I’m on national media and I’m out in the public eye.” “I take my personal hygiene very seriously. As I said, I felt like I needed to have a haircut. I’m not able to do that myself, so I got a haircut. You want to talk more about that?”
    • This despite her order for all other Chicagoans who must remain indoors except to go out for the essentials. ““You cannot go on long bike rides. Playgrounds are shut down,” the mayor said. “You must abide by the order. Outside is for a brief respite, not for 5Ks.”
  • The Mayor of New York’s daily 11-mile drive from Manhattan to walk in a park in Brooklyn is considered essential, despite living next to another park in the city. His justification? It is something he needs to do “to be most effective.” Also falling into this essential need is working out at a local (closed to everyone else) YMCA. 
  • An Associate Supreme Court Justice working out with her trainer at a (closed) gym twice a week. 
  • The Sonoma County Director of Emergency Management took his family to a closed (by him) beach “to enjoy an otherwise abandoned, unnamed beach,” Photos of his trip were labeled: “Road tripping up the coast. Beautiful drive and nice views. Family beach time together. Grateful for fresh air and the ocean.” 
    • A County Supervisor backed his actions by saying: “I want my top people who are responding to this crisis to be of sound mind, body and health. And if that means going to the coast to feel better, I’m all for it.”

One of the foundations of our American way of life is that everyone is treated equally and fairly under the law. Sadly, we have been thrust into a situation where some in our government have decided to take advantage of the situation and exercise almost unlimited power regardless of preexisting laws and Constitutional limitations. And, as with many government regulations, they themselves are exempt. 

It shouldn’t take increasingly draconian control measures from oppressively inclined government officials to keep you from passing on or catching COVID-19. The most basic level of personal responsibility, social distancing and sanitation, is enough to stop this, without giving up our rights. 

Public health emergency or not, restrictions on religion, assembly, speech and firearms become unconstitutional very quickly. If left unchecked, this is the end of our natural rights and freedom in our country. 

Bob

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COVID Part 1: The Needs Of The Many..

To say that we are living in unprecedented times is as much of an understatement as Noah saying, “It looks like rain”. To have our country and the entire planet shut down but for essential services is unheard in the history of man. Not even the Spanish Flu pandemic of 1918 caused such a widespread shutdown of global commerce and everyday life. The lessons learned from this and other past pandemics has shown the most effective means of preventing the spread in our communities is isolation.  Yet somehow, we have a minority of people who believe this does not apply to them. Why? Quite simply we have been raising generations of self-entitled ME FIRST! brats that have no sense of community or responsibility. If you want to know where this came from, look no further than the indoctrination centers we used to call schools and the lack of parenting.

While the ultra-trendy “woke” members of our society look at traditional primary education as being too focused on the nationalism vs. the individual, that patriotic view of our society is what brought us together as a nation. Nowhere in the world is there a nation built from so many different cultures or with such strong individual rights. 

But patriots are difficult to control, which is why the United States Constitution and Bill of Rights has never been duplicated around the world. It is also why the focus of our education system became less and less about our rights and duties in a sovereign nation and more about human interaction within a society. In other words, this is why Civics was replaced with Social Studies. If the people don’t know what their rights are, they won’t demand to exercise them. 

Along with this, we began losing our sense of community and belonging. Our communities and our nation became a distant second to the wants and desires of individuals. As long as the individual gets what they want, the impact to others or the community doesn’t matter. With less and less individual’s contribution to the community, more and more tasks and responsibilities were given over to the government, where they were gleefully taken up. 

With the rise of technology, we’ve also seen the decline of the family. Parents used to spend a lot more time with their children, teaching and mentoring them in everything from basic life skills to the norms and mores of the community. Then came television, the first substitute parent and babysitter, followed by computers, video games and the Internet. Family interaction and communication was replaced by artificially scripted worlds of fantasy where there is no responsibility for your actions. 

As a result, we now have a couple of generations of self-entitled individuals who care nothing about anything that doesn’t enrich their own lives. These aptly named COVIdiots can’t be bothered with self-isolating to avoid catching COVID-19 or self-quarantining to keep others from catching it from them. COVIdiots come from every walk of life, every socioeconomic status           in every part of the country. What they all have in common is the disregard for anyone other than themselves. 

The current worldwide COVID-19 crisis will pass in time. As testing becomes more available outside the circles of the rich, famous and powerful, more can be done to treat and isolate those who are infected. Effective treatment and vaccinations will become commonly available. Until then, it is up to us to act responsibly for ourselves, our families and our communities.  

It shouldn’t take increasingly draconian control measures from oppressively inclined government officials to keep you from passing on or catching COVID-19. The most basic level of personal responsibility, social distancing and sanitation, is enough to stop this, if we can be bothered to think about the needs of the many before the needs of the one. 

Oh yea, and we can do this without giving up a single one of our natural rights.  

Bob

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