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Protection?

By: Joshua Sullivan, Feb. 13, 2013
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Why should an individual be allowed to own scary-looking, black guns (aka: "assault weapons") and adequate ammunition feeding devices (aka: "high capacity magazines")?


Such tools are useful in the course of self-defense - which is a natural right possessed by all.  This right is confirmed (not granted) in the US Constitution.  

You might be thinking, "Self defense might be okay sometimes, but those kinds of weapons should be relegated to police and law enforcement - they are the ones who protect us."

Actually, that is a false assumption.

In 1856, the Courts ruled that law enforcement has no duty to provide individuals with protection from other individuals (South v. Maryland).

If you think that the results of that case are no longer valid, you might want to consider this:

In 1981, the Courts upheld this idea of "no obligation to protect" in Warren v. District of Columbia.  The decision stated that "...a government and its agencies are under no general duty to provide public services, such as police protection, to any particular individual citizen..."

While part of an officer’s job description is to 'protect and serve', it is - at best - a misleading phrase.  What that phrase means is "to protect and serve society” - not individuals.  

In fact, in 1989, the Courts reaffirmed this law enforcement responsibility loophole.  In Lynch v. N.C. Department of Justice, it held that "Law enforcement agencies and personnel have no duty to protect individuals from the criminal acts of others; instead their duty is to preserve the peace and arrest law breakers for the protection of the general public." (Emphasis added)  When it says “arrest law breakers” it means after they have committed the crime.

Even though you are part of society, and the most important right possessed by all human beings is the right to life, you actually have no Constitutional guarantee of your life.  The Declaration of Independence says “that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness".  As great as that is, the Constitution - not the Declaration - is the basis for all codified US law.  In fact, in 1982, the courts again ruled that "...there is no Constitutional right to be protected by the state against being murdered by criminals or madmen." (Bowers v. DeVito).

What if you are in immediate danger, and you have an order of protection (aka: restraining order)?  You actually still do not have any guarantee of protection.

As recently as 2005, the Courts declared that even people with a restraining order were not entitled to police protection (Castle Rock v. Gonzales).  That means that even if you have been threatened with death or bodily harm and even if you reported that danger to the authorities, and even if they told you that you have an "order of protection", you are, in fact, still on your own.


What I want you to get from this is that the police aren’t the only ones who need big, scary guns.  In fact, they need them the least.  That is because their job is to show up after you and/or your wife and/or your children are raped, murdered, or both and...

-take witness statements (if you're lucky, you'll be one of the witnesses),
-collect and record evidence (hopefully not in a body bag), and
-track down the killer/rapist (though it won't make you or yours any less dead/raped).

The truth is that if/when you are faced with an armed intruder hell-bent on robbing, raping, or killing you, there are very few things that can save you - and the police are not one of them.  In almost every case, the police will be too late to protect you.  Only you are able to defend your life.  Only you are responsible for your own safety.  Don't thank me - thank your U.S. Legislative and Judicial System (whose members have armed security, by the way).

I'm not saying you have to own a gun or even like them...  Just be sure to live near someone who does and try to be their best pal: they might be your only chance for protection when Mr. Murder comes looking for an easy victim!