SHALL NOT BE INFRINGED!!11!!
SayUncle is taking a bit of heat for coming down on those that rally around the phrase “shall not be infringed.”
Count in in Uncle’s camp on this one. I got into this whole gun rights issue because of “shall not be infringed” type talk, and I have no problem stating that the battle won’t be over, in my mind, until machine guns are sold right next to the hammers at the local hardware store, cash and carry. The argument has it’s place. It’s why I’m here.
The disturbing thing about the “SNBI” mindset is that people try and play that card in the courts. That’s not going to work. I remember back in 2003, when Rick Stanley was in court, him sending out emails expressing his disgust that the judge wouldn’t hear a 2nd amendment argument in his case. At the time this seemed absurd to me. You know, “shall not be infringed” is simple enough for a 2nd grader to understand.
Well, five years later I have a little more understanding of how the courts work and realize just how damned absurd it is to bring up a US Constitutional issue in a State court when you’re still in the criminal prosecution phase. Criminal courts don’t whack down laws. Appellate courts do that. In a case like that you might as well put down the “shall not be infringed” sign and hold up the “I shopped around for a lawyer until I found a fucking retard!” sign.
You know what we need more than 45 year old men rallying behind the SNBI mantra? Youngsters. Kids that are 17 or 18 years old and getting ready for college. We need to point kids that are young, bright, and understand of our rights, to the study of law. We need lawyers.
Fostering another Alan Gura will do us a lot more than rallying behind Rick Stanley, Wayne Fincher, or David Olofson in the long run.