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You might be interested in my
position on GUN CONTROL after 25 years in the NYPD.
By
Bruce
J. Emmott
I invite you to visit my web site at
http://brucesplace.homepage.com.
Like many in law enforcement, I am very proud of my profession and am
pleased to present a variety of stories and graphics that serve as mementos of
my life and career in New York City. I hope you will enjoy them as much as I did
while building the site! What does the 2nd.
Amendment REALLY mean? Handgun Control, Inc., Sarah
Brady, Charles Schumer, Carolyn McCarthy, The US Center for Disease Control,
Bubba Clinton and his misled allies in the Fraternal Order of Police would have
you believe the 2nd Amendment is no longer "valid" in modern times.
They further distort the truth and history by stating the Second Amendment only
allows a "Militia" the right to keep and bear arms. This is a total
falsehood.
The following is a work
by a group of Constitutional scholars who traced numerous statements by the
signers of the Constitution to see what they REALLY meant. You should note that
the wording of the Amendments could not cover every conceivable situation, so
ideas were put down in only the most general terms. See here the background for
the statements concerning a "militia" and what it really means ......
It is well to remember the words of James
Madison as we search for truth in government and understanding in this
Amendment.
"Do not separate text
from historical background. If you do, you will have perverted and subverted the
Constitution, which can only end in a distorted, bastardized form of
illegitimate government."
Let it be borne in mind
that ALL of the first ten Amendments are of National effect and NOT binding upon
the States.
Article II
"A well regulated
Militia being necessary to the security of a free State, the right of the people
to keep and bear Arms shall not be infringed."
The operative words in this Article are
"the right of the people to keep and bear Arms SHALL NOT be
infringed.",
Any and all laws, rules, regulations,
proclamations, etc., Pro or Con, which may be entered in the record, addressing
these freedoms are UNCONSTITUTIONAL and therefore NULL and VOID.
Each phrase of this succinct statement of
purpose and restriction upon the Congress and upon the Federal Government is
re-stated below with definition and explanation of its sources and its
application.
"A well regulated Militia"
The Distinction between the National Guard and the constitutional Unorganized
Militia
Most Americans today believe that the
National Guard is the Militia reserved to the states in the State Constitutions
and the Constitution of the United States of America. Nothing could be further
from the TRUTH.
The National Guard did not exist from the
beginnings of the Republic until 1903 when it was instituted and created
by Congress as the Act of January 21 , 1903, known by the name of its sponsor as
"The Dick Act".
In 1982 the Senate Judiciary Committee
Sub-committee on the Constitution stated in Senate Document 2807:
"That the National
Guard is not the 'Militia' referred to in the Second Amendment is even clearer
today. Congress had organized the National Guard under its power to 'raise and
support armies' and not its power to 'Provide for organizing, arming and
disciplining the militia.' The modern National Guard was specifically intended
to avoid status as the constitutional militia, a distinction recognized by 10
U.S.C. 311(a).
Title 32 U.S.C. in July 1918 completely
altered the definition of the militia and its service, who controls it and what
it is. The difference between the National Guard and Regular Army was swept
away, and became a personnel pay folder All the arms, munitions, armament and
equipment of the National Guard is owned and controlled by the federal
government, not by "the people" as clearly stipulated in the last
phrase of the Second Amendment.
"The
Unorganized Militia consists of all able bodied persons of the nation and of the
states between the ages of 17 and 44, and is exclusive of all members of the
organized militia, i.e., the Armed Forces of the Federal Government of the Title 10 U.S.C.
311. Militia: composition and classes "being necessary to
the security of a free State,"
In the Colonial Declaration of Rights
of October 19, 1765 it was complained that Kings had disarmed the people. Of
course the colonists were by force of early circumstances bearers of arms. This
prohibition upon the Nation means that it can never interfere with the people
who make the militia of the States; and that therefore the States will always
have the means to check by physical force any usurpation of authority not
given to the Nation by the Constitution.
"the right of the
people to keep and bear Arms shall not be infringed"
This right already existed. Maryland and
Virginia had such provisions in their constitutions when the Constitutional
Convention sat, as do all States at this time. These are prohibitions binding
upon the States to preclude infringement of this right of the people by each of
the individual States.
The Founders of our Nation and the Framers
of the Constitution were well aware of the dangers of the tyranny and treason of
a run-away governmental bureaucracy and had a very PRIMARY reason for the
inclusion of the Second Amendment to the Constitution. Let's let them speak for
themselves:
"Firearms stand
next in importance to the Constitution itself. They are the American people's
liberty teeth and keystone under independence. From the hour the Pilgrims
landed, to the present day, events occurrences and tendencies prove that to
ensure peace, security and happiness, the rifle and pistol are equally
indispensable. The very atmosphere of firearms "The strongest reason for the
people to retain the right to keep and bear arms is, as a last resort, to
protect themselves against tyranny in Government." --
Thomas Jefferson, Author of The Declaration of Independence, and
President of the United States
"The highest number to which a standing
army can be carried in any country does not exceed one hundredth part of the
souls, or one twenty-fifth part of the number able to bear arms. This portion
would not yield, in the United states, an army of more than twenty-five or
thirty thousand men. To these would be opposed a militia amounting to near half
a million citizens with arms in their hands, officered by men chosen from among
themselves, fighting for their common liberties and united and conducted by
governments possessing their affections and confidence. It may well be doubted
whether "What, Sir, is the use of a militia? It
is to prevent the establishment of a standing army, the bane of liberty.
...Whenever Governments mean to invade the rights and liberties of the people,
they always attempt to destroy the militia, in order By the way ... the next time
the FOP lines up behind Bubba Clinton for another photo op, check the officers
holsters! They will - as they have in previous photo ops - be EMPTY!
I guess Bubba doesn't even trust cops with guns, eh? And for you active cops
reading this who are members of the FOP or who just don't support civilian gun
rights, keep this in mind .... when you retire from the job, you will be one of
those "civilians" again - just like me - and subject to whatever
unconstitutional laws these nitwits like HCI, the FOP, Schumer, Hollyweird, and
their ilk manage to slip past you now. And what about the FOP? Many
cops I know who are members of the FOP joined for one reason - camaraderie and
as a social group. I doubt most know what the legislative agenda of the FOP
really is! Below, you will see the FOP's agenda on firearms issues. That my
fellow police officers should support these
positions is scary.
Remember - an attack
on any one of our Constitutional rights is an attack on ALL of our
Constitutional rights! Positions on Firearms Issues, Grand Lodge of
the Fraternal Order of Police
BRADY LAW AND ASSAULT WEAPONS BAN
The Grand Lodge, Fraternal Order of
Police remains committed in its support of the Brady Law as a means to
keep firearms out of the hands of criminals. Similarly, we do not and will
not support any legislation aimed at repealing or weakening the ban on
assault weapons. DOMESTIC VIOLENCE OFFENDER GUN BAN, OR
“LAUTENBERG LAW”
The Grand Lodge, Fraternal Order of
Police opposed and continues to oppose the "Domestic Violence
Offender Gun Ban" or "Lautenberg Law." We maintain that this
law, with its current interpretation, is unconstitutional, and that current
enforcement practice is highly unfair to law enforcement officers who are,
for the first time in the history of gun control, affected by the new
Federal ban. The law prohibits the possession of firearms and ammunition
by any person who was, at any time, convicted of a misdemeanor crime of
domestic violence. The statute creates a huge new class of prohibited
persons, and, because it also affects those who obtained these convictions
prior to the enactment date, is impossible to enforce equitably. Currently, the
law is being enforced exclusively within the ranks of law enforcement for
liability reasons and is not furthering the fight against domestic
violence. The Fraternal Order of Police is challenging the
constitutionality of the law in Federal court and is working for the
adoption of an amendment to the law in Congress which would make the firearms
disability prospective . By making the disability apply to all persons after the
date of SUPPORT H.R. 59: CARRYING CONCEALED
WEAPONS BY LAW ENFORCEMENT
The Grand Lodge, Fraternal Order of Police
supports the exemption of qualified active and retired law enforcement
officers from State and local prohibitions on the carrying of concealed
firearms when traveling into, within, or through jurisdictions other than their
own.
SUPPORT H.R. 218, "Community
Protection Act" GENERAL FIREARMS AUTHORITY FOR LAW ENFORCEMENT
OFFICERS
The Grand Lodge, Fraternal Order of Police
supports the authority of Customs agents to carry firearms when on temporary
assignment abroad. The violence surrounding drug crime places the officers
engaged in interdiction efforts in very real danger during their assignment. It
is imperative that these officers be armed at all times in order to defend The Grand Lodge, Fraternal Order of Police also
supports the authority of Federal Corrections Officers to carry their
firearms when off duty. These officers are charged with keeping some of
the nations most dangerous and violent criminals behind bars. The officers
face a very real danger from former and current inmates, their families and The Grand Lodge, Fraternal Order of Police
supports, in general, the authority for all law enforcement officers who, in the
course of executing their sworn duty, are issued and qualified in the use of a
firearm, to be able to carry that firearm when off duty or engaged in
jurisdictional travel. “COP KILLER” BULLETS
The Grand Lodge, Fraternal Order of Police
supports banning ammunition for handguns which, after standards based testing,
are proved to be “cop-killers”--or capable of penetrating police body armor.
Continuing innovations in the construction of ammunition place the vest wearing
law enforcement officer in jeopardy. Requiring performance based evaluations to
identify and then restrict armor piercing bullets for handguns will protect the
officers in the field before the rounds become available on the market. USE AND SALE OF BODY ARMOR
The Grand Lodge, Fraternal Order of
Police supports prohibiting the mail order sale of body armor. The Grand Lodge, Fraternal Order of
Police supports increased penalties for criminals who use body armor in the
commission of crime. ENHANCED CRIMINAL PENALTIES
The Grand Lodge, Fraternal Order of
Police supports increased criminal penalties for criminals who use firearms
equipped with laser sights to commit crimes. “RELIEF” FROM DISABILITY
The Grand Lodge, Fraternal Order of Police does
not support funding for the Bureau of Alcohol, Tobacco, and Firearms for
the purpose of researching and granting relief from Federal firearms
disability to convicted felons.
“ONE-GUN-A-MONTH” LEGISLATION
The Grand Lodge, Fraternal Order of
Police does not support Federal "one-gun-a-month" legislation. FIREARMS SAFETY ISSUES
The Grand Lodge, Fraternal Order of Police
supports the use of agency issued safety locks by Federal law enforcement
officers to further the safe handling and storage of firearms in the home.
The discretionary use of safety locks is another option to be considered
by firearms owners in their efforts to keep handguns safe from theft and from children. The Grand Lodge, Fraternal Order of Police
supports legislation which would provide that a firearms safety locking
device be sold with each firearm. This provision would provide firearms
owners with another option to consider in their efforts to safeguard their
handguns from accidental discharge or misuse. The Grand Lodge, Fraternal Order of Police
supports requiring that resident aliens reside in a State for at least ninety
(90) days before being eligible to purchase a firearm.
The Grand Lodge, Fraternal Order of Police
supports requiring that all Federally licensed firearms dealers post
notices at their place of business advising that it is, in most cases, a
violation of Federal law for a juvenile to possess, or an adult to transfer to a
juvenile, a handgun and that these violators will be Federally prosecuted. In
addition, these notices advise that handguns are a leading cause in
juvenile fatalities and that safe storage and the use of safety locking
devices are options to be considered in keeping firearms safe from
accidental discharge or misuse. All of the forgoing positions are derived
from standing resolutions of the Grand Lodge, or from historical positions
taken by the National Board. The Grand Lodge does not support any new
firearms legislation at this time. For further information on the positions of the
Grand Lodge, Fraternal Order of Police on these or any other issue
affecting law enforcement and law enforcement officers, contact the
National Legislative Office in Washington, D.C. at (202) 547-8189 or via
e-mail.
May I suggest that any
officer who finds himself/herself at odds with any of these positions - as I do
- contact the FOP and tell them they do not represent your views!
Additional materials on this
topic....
Read Jeffrey Snyders
excellent text of A
Nation of Cowards Join
Bruce and other pro-gun cops at: |
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