Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.7
Site Design by Sekimori

« "The Second Amendment's Defining Moment" | Main | $100 traffic citation removed to US District Court »

"The Heroes of the Right of Self Defense"

Posted by David Hardy · 27 August 2014 08:51 PM

It's a blog post by Prof. Nick Johnson of Fordham Law. He discusses Otis McDonald and Shaneen Allen (who faces a mandatory three year jail term for having driven into NJ with a firearm for which she had a PA permit to carry concealed).

"So another rhetorical question: Why have the nominal champions of civil rights ignored Otis McDonald and the self-defense interests of the sober, mature members of the Black community he represented?

The search for answers highlights priorities wildly out of whack. Compare the relative non-acknowledgment of Otis McDonald with the broad consternation over how Black criminals are treated. Michelle Alexander's acclaimed book calling the state of Black incarceration the "new Jim Crow" illustrates this....

A final question, and this one is not rhetorical: Will the people who invoke the power and rhetoric of civil rights to condemn the disparate treatment of heroin and crack dealers, come to the rescue of a law-abiding Black woman whose crime was misunderstanding the multilayered bureaucracies that restrict the federally-guaranteed constitutional right to arms?

Shaneen Allen failed to appreciate that only one piece of the right to keep and bear arms operates in New Jersey. She perhaps concluded that two high-profile Supreme Court opinions affirming the constitutional right to keep and bear arms, plus a Pennsylvania license to carry a concealed firearm, would be enough to secure her right to carry a gun for self-defense, even in New Jersey. She was mistaken, and might be faulted for her slippery grasp of U.S. federalism. But with that as her crime, she is still infinitely more worthy of being rescued than anyone on the recent list of presidential pardons.

So far, there have been no protests or demonstrations seeking justice for Shaneen Allen. Like Otis McDonald, she is ignored by the nominal defenders of civil rights. Let us hope that this is not the end of the story."

3 Comments | Leave a comment

Frank Masotti | August 27, 2014 11:06 PM | Reply

This might seem raciest, however, I learned it from Kenn Blanchard of the Black Man with a Gun podcast. On average blacks as a group see things the liberal way. Blindly at that.

rechayahu | August 28, 2014 2:27 AM | Reply

Every police officer, BAR Esquire, that has denied them this privilege of self defense...should be indicted by a Constitutional 5th Amendment Common Law Grand Jury, prosecuted and sentenced by a 7th Amendment Common Law Court.

In fact, keep their (violators of this privilege) names handy....true justice is on its way. They may stand trial to denial of God given Privileges.

Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power.”

Ken M | August 28, 2014 7:06 AM | Reply

Progressives will naver have any use for self-reliant women or minorities (outside the preogressive political class). The only use they have for them is as victims, dependent on the state for whatever liberties and whatever wealth government sees fir to bestow on them. They love criminals and those who can't support themselves; not nearly as much use for who can defend themselves and earn an honest and decent living without the help of government.

Leave a comment