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My Position on GUN CONTROL After 25 Years in the NYPD

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
classification only, thus nationalizing the entire National Guard into the Regular Standing Armies of the United States."

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
United States and of the National Guards of the various states of the Union."

Title 10 U.S.C. 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are -
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

"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
everywhere restrains evil interference - they deserve a place of honor with all that's good."
-- George Washington, Commanding General of the Continental Army, Father of Our Country and First President of the United States in a speech to Congress, January 7, 1790

"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
a militia thus circumstanced could ever be conquered by such a proportion of regular troops. Besides the advantage of being armed, it forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. The governments of Europe are afraid to trust the people with arms. If they did, the people would surely shake off the yoke of tyranny, as America did. Let us not insult the free and gallant citizens of America with the suspicion that they would be less able to defend the rights of which they would be in actual possession than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors.
-- James Madison, principal author of Constitution, principal writer of The Federalist Papers, President of the United States, Mainstream Revolutionary and Militant.

"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
to raise an army upon their ruins."
- Rep. Elbridge Gerry of Massachusetts, spoken during floor debate over the Second Amendment, I Annals of Congress at 0750, August 17, 1789.

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!

Fraternal Order of Police positions on firearms issues - from their website. My comments are in RED as I feel the need!

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.
Th
e Brady Bill, of course, has done nothing at all to prevent criminals from obtaining guns. Hey folks - criminals don't walk into stores to BUY a gun - they steal one or get them off the street market! And of course the term "assault weapon" is a red herring to start with - there is no such weapon. The term was invented to describe the type weapon these people don't like the "looks" of!

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
enactment (September 30, 1996), the law is made fair and equitable without endangering the good officers who Have been ensnared by the new law.

Showing their true colors, the FOP continues to oppose bills that apply to them as police officers, but not as they apply to civilians who are denied their rights due to any alleged act against a spouse.

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"
The FOP can't even get the bills straight - the proposal above IS HR218 - not HR 59. Note that they don't also support the companion McCollum amendment that applies the same privileges to civilians holding a concealed carry license. Wonder where this "us vs. them" mentality comes from? Hey fellas - one day YOU will be one of "THEM"

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
themselves.
Funny - the FOP would scream bloody murder if cops from other counties came here and wanted to carry their weapons. I have to check further, but I believe the US codes prohibit the Customs bureau from operating outside the territorial limits of the US.

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
visitors. It is imperative that these officers be armed while off duty to protect themselves and their families from retaliation.
No comment...

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.
Pretty much covered by HR 218. But again, the FOP doesn't support the right of civilians to carry outside the jurisdiction that issued them a CCL.

“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.
Talk about a REAL red herring! There has NEVER been a case in which a police officer has been shot by one of these so-called "cop killer bullets", a name conjured up for the expressed purpose of garnering public sympathy for yet another nonsensical anti gun bill. The aim? If they can't ban the gun - BAN THE AMMUNITION!

USE AND SALE OF BODY ARMOR

The Grand Lodge, Fraternal Order of Police supports prohibiting the mail order sale of body armor.
Excus
e me? In other words, private citizens, security officers, or others peripherally connected to law enforcement are not allowed to purchase materials to keep THEM alive? Only active cops have that right?

The Grand Lodge, Fraternal Order of Police supports increased penalties for criminals who use body armor in the commission of crime.
Finally something we can agree on!

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.
What? Another red herring. When was the last time any of you officers had a case of a criminal using a laser sighted handgun?

“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.
I guess because such a law would also apply to police officers? The old "it's okay for THEM, but not for US!" routine again.

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.
Hey officer - suppose you hear screams in the night and run to assist a neighbor. Now WHERE did you put the key to your gun lock again? Totally laughable.

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.
Right - and also make sure they don't have ready access to their weapon for self defense.

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.
Where do these guys come up with this silliness? More unprovable "facts" from the CDC - done with YOUR tax money. It's always "for the kids!" Utter B...S...

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.
You've about covered it all, right guys? Well thanks a lot. How about endorsing some "criminal control?"

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

Bruce J. Emmott
http://brucesplace.homepage.com
New York Police Department (Ret.)
Disclaimer: All comments are the personal opinion of the writer and not intended to represent any government agency, whatsoever.

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