Vail Daily letter: Oppressive legislation
March 3, 2013
Because of the misunderstanding of the Second Amendment and resultant votes in the Colorado Legislature by Diane Mitsch Bush on behalf of her constituents, I fear that prospective Colorado law in the making concerning this issue will become ever bit as invasive and egregious as the mischief afoot in Washington D.C. It is precisely this type of thought process and basic ignorance of the Constitution and of the causation of criminal acts that will be the ruination of this republic and of liberty itself. In her recent commentary, Ms. Bush declares that “both the U.S. Constitution and the Colorado Constitution establish the right to bear arms in defense of home and country against crime and tyranny.”
Well, she got part of it right in that the main reason for this right is for the armed citizen to defend himself against tyranny in any form. However, the Constitution does not establish the right, as Ms. Bush avers.
The right of self-defense is so instinctual and ingrained in our very humanity that it exists notwithstanding the laws of society. Whether a man is alone, confronted by another human, a member of a community, nation or globally speaking, the right is established by nature, not by the U.N. Charter, Colorado or U.S. Constitutions, as Bush maintains.
From the philosophies of Locke, Jefferson, and Madison as memorialized in the Declaration of Independence and the Second Amendment to the Constitution, this inalienable right is only recognized and reiterated (not established) by those indentures.
As Thomas Paine would put it, this is common sense. If you accept this premise, then it would follow that any legislative qualification (law) that would limit this right of self-defense would be a proscribed infringement on it.
Humans are fallible, and can abuse or expunge the rights of others in the enjoyment and entitlement to their rights. So therein lies the very foundation and justification for laws to preserve the rights of individuals or a community of individuals.
Needless to say, the heinous and criminal acts of those in our society or by government itself that are inimical to the rights of the law-abiding citizen must be curtailed or constrained as far as legally permissible.
Ms. Bush justifies her affirmative votes for more qualifying legislation for all citizens in her statement: “These gun safety bills we voted on this week aim to reduce and, hopefully, prevent violence by criminals who use guns to inflict injury or death on Colorado resident.”
This is a very naive statement, as the only affect these proposed laws would have on a deranged or abusive criminal would be negligible. One who would murder children in the sanctity of a school will not be deterred by a law prohibiting the size of a magazine, one that requires registration between two individuals in a private sale, or one that prohibits guns on a university campus.
To the contrary, the touted laws of Ms. Bush only further erode the Second Amendment rights of the law-abiding citizen and perhaps placate the conscience of a state representative who wants something done about the affect of guns in the hands of a criminal.
Would it be more appropriate for Ms. Bush and her fellow representatives to concern themselves more about the affect of guns in the hands of the law abiding citizen, and his deterring affect upon crime in general? Perhaps then the Bush, Pelosi, Feinstein, Reid, Obama, Clinton sort could see the merits of an armed citizen’s presence on a campus or in an elementary school house. Perhaps she could appreciate the benefits of the private trade or sale of weapons between law-abiding citizens without the oversight of a government that sells guns to criminal cartels or weapons to the Muslim Brotherhood.
The University of Colorado is my alma mater, but I will not feel safer on its campus knowing that it is a “gun free” zone pursuant to a Bush law. Fuzzy-feeling legislation with high-sounding names legislated into existence by representatives “working for us all” will render free men and women impotent under an oppressive government, both state and federal. Witness the Patriot Act.