Out On A Limb
by The Hunter

August 03, 2009

I'm going to go out on a limb here, and disagree quite publicly with my esteemed editor. Freedom is like that sometimes. In today's comments on the defeat of the Thune amendment, which would have required any state's concealed carry license to be honored by every other state with a CCW system, MamaLiberty opined that defeat of this measure was a good thing. I'll trust her to link back to the note so you can follow her reasoning.

Now, having both been a long time holder of such a state license, and more importantly having been semi-unsuccessfully prosecuted for ignoring the restrictions on my "unalienable rights", I have a pretty firm opinion about this issue. Mama is absolutely right, we don't need no stinkin' piece of paper (or laminated card, whatever) to exercise our fundamental right to self-defense.

I can testify with some authority, however, that having such a license can be damned handy at times for doing what I was gonna do anyway. I've had an encounter or two besides that one with "America's largest and only legal street gang", to use the phrase coined by Massad Ayoob to describe the police (and I'm fairly sure he wishes I wouldn't remind anyone of it (grin)). If, for whatever reason, one of the "boys in blue" becomes aware that you're armed, it is damned handy to have the "get out of jail free" card handy. As a lawyer friend of mine has commented, it can't hurt, and it certainly can help.

I've several times had occasion to use the license in just that fashion. The sort of cop that is going to hassle you for carrying in the first place tends to back-pedal in a hurry when confronted with one. Let's not forget that the point of ANY encounter by a freedom lover with any of the minions of the "Men Who Would be Kings" should be to end the contact as quickly as possible with a minimum of interference in your life. So far, the CCW has been pretty handy in that regard.

Even the one time it WASN'T directly useful, in the end it was quite important in minimizing the damage. When the Ohio courts finally got around to admitting that they didn't really have a case, part of what was cited by the judge as grounds for the face-saving deal the prosecutor insisted on was the THREE valid CCW I had. Even the prosecutor was forced to concede that showed a good faith effort to comply with the law. Be nice if THEY had made an equally good faith effort, but I digress.

Though I ended up retaining my liberty, rights, and even property, the whole affair still ended up costing me $80,000. About a third of that from selfless patriots from around the country who helped out, the rest came from my savings and retirement. All of that would have been completely avoided had something like the Thune amendment been in force at the time. [Editor's note: See Hunter's archives for the whole story.]

Now, I have argued quite strongly several times in the past that we don't NEED licenses. The Second Amendment pretty clearly already guarantees the right to carry any damn thing we want anywhere at any time. Lets review, for the federal agents no doubt reading this.

Amendment 2 - Right to Bear Arms. 

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.

Seems awful damn clear to me, and gosh, the Supreme Court even agreed with me not so long ago - little obscure case called US vs Heller, look it up. They even conceded that one of the primary purposes of those words was SELF-DEFENSE. Problem is, the boys in blue and the "Men Who Would be Kings" disagree with that interpretation. And let me tell ya, they ain't shy at all about persecuting us for that difference of opinion on the clear intent of the law.

When it is you alone on the side of a road somewhere facing a mob of 5 or 6 cops, the fact that you are morally, ethically, and even legally right has a lot less bearing than the fact that the police can get away with damn near anything in the all-too-frequent instance where they decide to. About the most you can hope for is the courts to LATER say they were wrong - and even THAT is damn rare, and mighty cold comfort. That little scrap of essentially meaningless paper can be a mighty fine friend to have at that point, whatever philosophical reservations I may have about its existence.

The end-game to me at least is clearly Vermont/Alaska carry nationwide. We came DAMN close to getting that here in New Hampshire a couple of years ago. It would have passed if not for a last-minute backstab by the Chiefs of Police Association. I figure it is only a matter of time until we do get an Alaska-style system, and once a second state follows Alaska's example, I think you'll start seeing more and more of the "shall issue" states follow suite.

In the meantime, however, there are still plenty of jack-booted thugs like officer Timberlake out there. No, officer, I haven't forgotten you; a fond hope I indulge in idle moments is that I'll read about you coming to a bad end some day. Hanged as a Domestic Enemy of the Constitution would be ideal. Anyways, pointless personal animus aside, keep in mind that at any time, any location, you could on the thinnest pretext imaginable be confronted by an agent of petty tyranny. Holding a CCW as insurance can save you a lot of grief.

I will concede the argument that putting our "beloved public servants" on notice you intend to be armed has drawbacks. In my own case, considering my long-standing advocacy and unfortunate publicity, I don't see that as a major issue. I figure I'm on so many lists already, one more isn't a major issue, your mileage may vary. If they ever issue the orders to go kick doors and round us all up, I hate waiting anyway. For some of you wanting to stay below the radar, there may well be strategic reasons to avoid a CCW.

That said, though, until we can achieve the Vermont/Alaska system that the clear words of the Second Amendment patently guarantee, I want the OTHER relevant section of the US Constitution enforced. Ya know, the one which says:

Article IV - The States Section 1 - Each State to Honor all others 

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Seems to this old country boy, leastways, that my state-issued CCW sure as hell counts. Congress should get off its statist butt and get around to doing a little prescribing and proving and Effect thereof.

[Mama's Note: All of your points are understood and I'm sure there would be many benefits to such reciprocity, but none of that makes my conclusion invalid. The unintended consequences of legislation works in every direction, and we have no way to determine the risk to benefit ratio - except for the fact that anything which increases the power of government over us is bound to have consequences we will not want to live with in the long run. You can't cure a headache with a hammer.]