Date: 07 Sep 95 08:24:58 EDT
From: John Taylor <[76470 3001] at [compuserve.com]>
To: Firearms-alert list <[firearms alert] at [shell.portal.com]>,
Subject: MD: my testimony to gun violence commission

"How Do We Reduce Gun Violence in Maryland?"
Testimony to The Governor's Commission on Gun Violence
September 6, 1995
by John C. Taylor
Maryland Coordinator
Libertarian Second Amendment Caucus
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Ladies and Gentlemen of the Commission: thank you for allowing me to speak to
you today. My name is John Taylor, from Columbia, Maryland.

According to the commission's guidelines for testimony, speakers " ... should
address the question: 'How do we reduce gun violence in Maryland?'" I believe
that the question (indeed the
very name of this commission) reveals a fatal flaw that prejudices the outcome
of this investigative process.

In the Governor's Executive Order that establishes this commission, we find the
following in the
opening paragraphs of the Order:

"The alarming increase in gun violence and gun-related accidents threatens the
lives, health, and safety of Maryland's citizens; ... The safety of our
communities, and especially our children, can be improved by sound measures to
reduce gun violence and by raising the public's awareness and support of gun
laws ..." [emphasis added] (1)

It strikes me as quite remarkable that our system of government in Maryland has
deteriorated to the point that such blatant hypocrisy is passed off as good
governance, and is accepted as such, for the most part, by many legislators and
other public officials, and even some elements of the general populace. Not only
is this Executive Order false in its premise, but it shamelessly
announces its true agenda, clearly not caring whether anyone notices -- not to
mention takes
exception to -- its fundamental assumptions.

"How do we reduce gun violence in Maryland?"

The problem to which the question really refers is not one of gun violence --
the problem is
violent crime of all kinds. To focus on gun violence as if it were the sole
source of our crime
problems is disingenuous at best, and I suspect, far, far worse in this case.
The issue of crime has nothing to do with guns.

Discussions of statistics will not sway any advocate from either side, but that
does not mean that we should let truth languish as a result. The facts are that
so-called "gun violence" (and violent crime in general) is declining, rather
than undergoing an "alarming increase". The same is true of "gun-related
accidents", and has been for years. It is also a fact that "gun laws", through
their enactment, have failed to reduce crime of any kind anywhere they have been
implemented. But those facts, and the countering appeals to emotion from the
elitists and the prohibitionists, have already been extensively covered.

"How do we reduce gun violence in Maryland?"

Members of the Commission, there exists no problem that is addressed by such a
question --
therefore, it is unrealistic to expect that any answer given to the question as
intended would be of any real value to the citizens of this state. Let me offer
a few observations that are perhaps more pertinent to the true discussion at
hand.

We all want to reduce crime -- that's a given. In order to reduce crime, we will
have to start
somewhere. A logical place to start would be with the criminals. Who are the
criminals? Who are these people who use guns to force us to live in fear of
losing our property and our lives? Who are these criminals who prey on our
apprehensions? Who are these people who use force to achieve their criminal
objectives?

Well, in part I suppose it's true that they include a few -- and, I emphasize, a
small minority -- of the kids on the streets of our cities; I suppose it's also
true that they include the adult recidivists, psychopaths, and sociopaths who
invade our homes and neighborhoods and make them unsafe.

But the real criminals -- the ones who are the role models for street crime --
the ones who set
the standard which leads most directly to the deterioration of our society --
the ones who are at
the root of the problem ...

Well, they're not the street thugs and dope dealers, nor the gang members, nor
the nuts and kooks and perverts.

No, the felons we should really go after first if we want to break the cycle of
crime are the hard
core career criminals ... among our public officials.

How dare I say such a thing? How dare I impugn the integrity of our public
servants? I'm glad
you asked!

Maryland's Declaration of Rights states:

"The Constitution of the United States, and the Laws made, or which shall be
made, in pursuance thereof, ... are, and shall be the Supreme Law of the State;
and the Judges of this State, and all the People of this State, are, and shall
be bound thereby; anything in the Constitution or Law of this State to the
contrary notwithstanding." (2)

And furthermore:

"That all persons invested with the Legislative or Executive powers of
Government are the
Trustees of the Public, and, as such, accountable for their conduct: ..." (3)

And finally:

"That the provisions of the Constitution of the United States, and of this State
apply, as well in
time of war, as in time of peace; and any departure therefrom, or violation
thereof, under the plea of necessity, or any other plea, is subversive of good
Government, and tends to anarchy and despotism." (4)

Anarchy and despotism, ladies and gentlemen. Anarchy and despotism.

Maryland's elected officials are sworn to uphold and defend the Constitution of
the United States of America and the Constitution of the State of Maryland.
Those who do not do so are criminals and despots. More insidiously, those who do
not do so weaken the fabric of society by engendering disrespect for government
and for the system of laws that was intended to protect the rights of the
citizenry.

"How do we reduce gun violence in Maryland?"

Let's start by holding public officials accountable for their actions. Let's
arrest, try, convict, fine, and imprison any official who ever introduced,
supported, voted for, or enforced unconstitutional laws that disarm the
potential victims of crime. Where a violation of individual or constitutional
rights has resulted in an injury or fatality, let's impose a commensurate
penalty on the responsible officials.

Public officials who introduce, sponsor, advocate, or vote for laws that
restrict the rights of
citizens to provide for their own defense should be removed from office under
the provisions of
the 14th Amendment to the Constitution of the United States (5), and should be
prosecuted under felony statutes for violation of both their oath of office and
violation of the unalienable rights of the people.

"How do we reduce gun violence in Maryland?"

There are already more than 22,000 so-called "gun control" laws on the books in
the United
States. Not one of these laws is constitutional. Not one of these laws is
consistent with individual human rights. Not one of the various agencies charged
with their enforcement is acting lawfully under the United States Constitution.

No state or locality is acting constitutionally in restricting, or infringing in
any way, through act
of law or bureaucratic regulation, the individual's right to purchase, keep,
carry (openly or
concealed), or use a firearm for purposes of defense of self, family, or others
from criminal acts.

The right to self-defense, defense of family, and defense of others against
predation has nothing to do with measures taken to reduce crime. Any laws that
are passed with the expressed intent of reducing crime by seeking to disarm
victims of crime are, by definition, unconstitutional and therefore criminal in
and of themselves.

"Gun control" is misdirected -- its net effect is always felt most by citizens
who are otherwise
among those most supportive of law and order, of our system of government, and
of the rights
and liberties that we all (presumably, at least) hold dear.

"Gun control" is elitist -- its net effect is to disarm those who are likely to
be victims of crime,
while elected officials rest secure in their upscale neighborhoods with
high-level security
protection, or who move behind a phalanx of taxpayer-funded security personnel
who are armed with automatic firearms that are too expensive, due to "gun
control" regulations, for most
ordinary citizens to own.

"Gun control" is racist -- its net effect is to disarm the urban poor who are at
the greatest risk of victimization, who can least afford to provide their own
personal protection, and who are
accorded the least protection by the state.

"Gun control" is counterproductive -- its net effect is not to deter crime, but
instead to engender a general level of disrespect for law; furthermore, its very
introduction inevitably leads to more and more citizens feeling the need to arm
themselves.

"How do we reduce gun violence in Maryland?"

Repeal each and every one of the unconstitutional victim-disarmament laws
already on the books in Maryland, and reject all new efforts to impose them.

Abolish all agencies whose sole responsibility is to enforce these
unconstitutional gun laws,
delete that responsibility from agencies that remain intact, and destroy all
records collected in the administration of victim-disarmament laws.

Decriminalize concealed weapons carry and the acts of self-defense and defense
of others, and impose no restrictions on them whatsoever, either by act of law
or by bureaucratic regulation.

Pardon and provide restitution to anyone ever harmed (or even merely
inconvenienced) by
victim-disarmament laws.

"How do we reduce gun violence in Maryland?"

Citizens can and should take responsibility for themselves and for their own
actions. This
includes responsibility for their own defense.

The right of self-defense is inherent in the basic nature of each and every
individual human
being. It is not dependent on conditions imposed by society or on political
consensus.

These hearings have produced a number of people whose stories are evocative of
sympathy -- the appeal to emotion is a strong one, calculated to sway the
opinion of the most hardhearted among us.

These hearings have produced a number of people who have cited their religious,
moral, ethical, and social principles as justification for imposing increased
controls over the rights of all citizens.

These hearings have produced a number of people, on both sides, whose testimony
has been full of conflicting studies, polls, and statistics.

All of these people have a right to speak and to be heard -- and, to its credit,
this commission
has afforded them a unique opportunity to publicly exercise that right. But it
appears that this
commission was in fact designed to allow these people's testimony, to conduct
its meetings, and then to derive conclusions and make recommendations that were
fore-ordained by the Governor's office.

This repugnant strategy overlooks one small, but highly significant point -- to
the great peril of
all involved.

Even if each and every person who testified had come forward to say that
Maryland needs more "gun control" ...

Even if each and every person who testified had suggested additional
victim-disarmament laws
as the sole answer to the question, "How do we reduce gun violence in Maryland?"
..

Even if each and every commission member had been convinced by these hearings
that
additional restrictions on the rights of the citizens of the State of Maryland
was the way to stop
crime dead in its tracks ...

Neither you, nor any agency of the State, has permission to do such a thing --
period.

This republic, founded in the principles of common law, was designed with
unprecedented
built-in safeguards to prevent the usurpation of power, by the government, from
the people.
Chief among these provisions was the original "Contract With America" -- the
Bill of Rights. As
long as this republic is constitutionally intact, any attempt to usurp the power
of the people is
unconstitutional, criminal, and punishable.

This issue has nothing to do with guns.

This issue has nothing to do with violence.

This issue has nothing to do with crime.

This issue has to do with control.

This issue has to do with power.

And we, the people, intend to keep control of the power of government firmly
within our grasp.

"How do we reduce gun violence in Maryland?"

We start by punishing those officials who deny their oath and who infringe on
citizens' rights.

"How do we reduce gun violence in Maryland?"

We start by repealing unconstitutional victim-disarmament laws, and rejecting
any new proposals for such laws in future legislative sessions.

"How do we reduce gun violence in Maryland?"

We start by retaining the power of government -- of, by, and for the people --
in the hands of
the people.

Thank you.

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Endnotes:

(1) Executive Order 01.01.1995.09

(2) Constitution of Maryland, Declaration of Rights, Article 2

(3) Ibid., Article 6

(4) Ibid., Article 44

(5) Amendment XIV
      Article 1. " ... No State shall make or enforce any law which shall
abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to
any person within its jurisdiction the equal protection of the laws. ..."
      Article 3. "No person shall be a Senator or Representative in Congress, or
elector of President and Vice-President, or hold any office, civil or military,
under the United States, or under any State, who, having previously taken an
oath, as a member of Congress, or as an officer of the United States, or as a
member of any State legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or given aid or comfort to the
enemies thereof. ..."
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John C. Taylor
10554 Jason Lane
Columbia, Maryland 21044-2213
(410) 730-1265 [home]
(410 290-2535 [work]
[76470 3001] at [compuserve.com] [e-mail]