Second Amendment Essentials- Part 1

Who Are the “Militia?”

With the Supreme Court’s landmark 2008 ruling in D.C. vs. Heller, declaring that the Second Amendment protects an individual right to keep and bear arms, we might think that the debate over the Second Amendment has been put to rest. However, we gun owners can’t get complacent. As the saying goes, “the price of liberty is eternal vigilance.” We need to keep educating ourselves and our neighbors about the Second Amendment.

The Second Amendment to the U.S. Constitutions reads simply, “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.” People who dislike civilian gun use often focus on the phrase “a well-regulated militia” as proof that the amendment doesn’t protect civilian ownership.

So, who are the “militia” referred to in the Second Amendment? For the definition of the militia at the time that the Bill of Rights was written we must look at the statements of the Founding Fathers who were alive at the time. Here are a few examples:

George Mason: “[W]ho are the militia? They consist now of the whole people, except a few public officers.” State Gazette of S. Carolina (Sept. 8, 1788): “Such are a well regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen.” Samuel Adams: “The militia is composed of free citizens.”

Tench Coxe: “Who are the militia? Are they not ourselves? Congress have no power to disarm the militia. Their swords and every other terrible implement of the soldier, are the birthright of an American… The unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.”

The Founding Fathers drew a distinction between the “general militia” composed of the body of the people and a “select militia” which received special weapons and training from the government (like today’s National Guard). They viewed “select militias” with almost as much suspicion as they did standing armies, as the following quote demonstrates.

Richard Henry Lee: “A militia when properly formed are in fact the people themselves… and include all men capable of bearing arms… To preserve liberty it is essential that the whole body of people always possess arms… The mind that aims at a select militia, must be influenced by a truly anti-republican principle.”

Shortly after the ratification of the Constitution, the U.S. Congress passed The Militia Act of 1792 that declared that all free male citizens between the ages of 18 and 44 were members of the militia. It also stated that “[e]very citizen… [shall] provide himself with a good musket, or flintlock, a sufficient bayonet and belt, two spare flints…[,]” in short, that every male citizen be armed. As with other rights, such as voting and owning property, the right to keep and bear arms was slowly extended to women and minorities through the years.

U.S. Senate Subcommittee on the Constitution (1982): “In the Militia Act of 1792, the second Congress defined ‘militia of the United States’ to include almost every free adult male in the United States. These persons were obligated by law to possess a [military-style] firearm and a minimum supply of ammunition and military equipment… There can be little doubt from this that when the Congress and the people spoke of the ‘militia,’ they had reference to the traditional concept of the entire populace capable of bearing arms, and not any formal group such as what is today called the National Guard.”

It is clear that when the founders referred to “the militia” they meant all law-abiding citizens.

Blog Update

My posts dealing with the Tax Day Tea Party and the Second Amendment March in Des Moines have been updated with magnificent full-color photographs from my piece of crap disposable camera. I just got them back from Walmart.

Second Amendment Rally In Des Moines

It was a beautiful day in Iowa, which made it all the more frustrating that so few people showed up for the Iowa Second Amendment March. I counted about 40 people at the event, not counting the speakers and event organizers.

According to the event’s coordinator Robert Fowler, the goal of the march was “to bring attention to the people about the way the government is slowly taking our rights away. There are over 20,000 gun laws on the books that try to restrict our rights.” The event was held on April 19th to commemorate the battles of Lexington and Concord, the opening battles of the American Revolution. These fights arose when British authorities attempted to confiscate American weapons and gunpowder. These historical events were mentioned by several of the event’s speakers.

These speakers included: Brenna Findley, GOP candidate for Iowa Attorney General; Dave Funk, GOP candidate for Leonard Boswell’s 3rd District seat; Kim Pearson candidate for Iowa House District 42; Rod Roberts, GOP candidate for governor and Sean McClanahan, President of IowaCarry. I saw at least two TV cameras at the event and Radio Iowa was there.

All in all attendance could have been better, but it was a good event nonetheless. Thank you to Robert Fowler for all his hard work. A special thank you to Dave, Sharon, and Jenn who let me ride down with their family.

10 Questions with Second Amendment March Iowa Coordinator

It’s been in the planning stages since February 2009, and now it’s almost here. During the Second Amendment March, thousands of Second Amendment advocates plan to descend on Washington D.C. and state capitols around the nation in support of their God-given right to keep and bear arms. The coordinator of the Iowa march, Robert Fowler, agreed to answer some questions about the event.

Fowler, who is now retired, has led an interesting life living in Michigan, Missouri, Texas and Iowa. He was in the U.S. Marines and has worked as a farmer, oilfield roughneck, and truck driver. He is currently a licensed gun dealer and ammunition manufacturer. He is also active in the group Iowa Carry and blogs at Roberts Gun Shop.

1.When and where is the national march?

The National March will be held April 19th 2010 on the grounds of the Washington monument.

2. Where can people find out more information about it?

http://www.secondamendmentmarch.com/

3. Is there some significance to the date of the march, April 19th?

1775: Minutemen Capt John Parker orders not to fire unless fired upon. A shot is fired and the American revolution begins at the Lexington Common. That was the “shot heard round the world”

[CHC adds: Also, in a bit of historical irony, 168 years later on April 19, 1943 a small band of Jews in the Warsaw ghetto decided to fight against the Nazi occupiers who were butchering their people. Armed at first with only a few pistols, the resistance fighters held the Nazis at bay longer than the entire Polish army had been able to. Once again shots had been fired for freedom.]

4. When and where is the Iowa march?

The Iowa State March will be held on the 19th of April on the west side of the Capital. [CHC: From noon to 3pm.]

5. Will there be any speakers?

Yes there will be. So far I have Dave Funk, candidate for the 3rd Iowa district now held by Leonard Boswell. Sean McClanahan, President of Iowa Carry.

6. Where can people go to keep up-to-date on the Iowa march?

The Second Amendment March has pages dedicated to each state. Go to the Iowa page, I post updates as I get more information.

7. Besides Des Moines, are there any confirmed rallies elsewhere in Iowa?

I have been trying to get rallies in other cities but so far I have not received any replies.

8. How did you come to be involved in the march?

The founder of the Second Amendment March, Skip Coryell Was a member of Iowa Carry and the guest speaker at a Iowa Carry pheasant hunt and dinner three years ago. I had the pleasure of sitting across from him and his wife and next to his children. We had a great time and became friends. We are both from Michigan and were both Marines. We have kept in touch and when he started the 2A March, he asked me to be the Iowa state coordinator. I readily accepted his offer. Along with my work with Iowa Carry, it’s one of the best jobs I don’t get paid to do.

9. What do you hope that the march will accomplish?

We are trying to bring attention to the people about the way the government is slowly taking our rights away. There are over 20,000 gun laws on the books that try to restrict our rights. We now have 38 states that have “shall issue” laws and Arizona is looking like it’s going to be the 3rd state that will allow carry with out a permit. Joining Alaska and Vermont. Iowa Carry has been working on getting shall issue in Iowa making it easier for the citizens to be “allowed” to protect them selves. As you know, Iowa is may issue and permits are at the discretion of the sheriff. This means that in some counties, like Polk, All you have to do is take the training and pass the background check and you get your permit. Other counties will not issue a permit for any reason. The sheriffs of these counties have decided that they know best and honest law abiding citizens have no business carrying a gun. Even though the criminals carry regardless of the law. This is also one of the issues the 2A March is about.

10. Is there anything else we should know?

Everyone should know that the 2nd Amendment is the right that protects all the other rights. These right are not given by the government. They are natural God given rights and the government has been infringing on all of our rights for years. We are trying to educate the general population on what our rights are and what the wording of the Constitution really means. In the 2nd Amendment there are a few words that should tell people exactly what the founders meant. “The right of the people”. There is a reason the this phrase shows up in several of the amendments. It is because the people have the right to assemble and speak and to be secure in their homes and possessions and to own and bear arms. “Shall not be infringed” There isn’t a politician in the world that understands these 4 words. If there was, we wouldn’t have to beg some government official for “permission” to exercise our 2nd Amendment right. Vermont has no permit system. The also have one of the lowest crime rates in the country. They allow their citizens to carry open or concealed without having to beg. And contrary to what the Brady Bunch says, there isn’t blood in the streets. This proves that the law abiding citizens can carry a gun and not have shootouts over fender benders and parking spots.

Jacob Sullum on Chicago Gun Case

Excerpted from an article at reason.com:

“Yesterday the Supreme Court considered the question of whether the Second Amendment applies outside of jurisdictions controlled by the federal government. The Court will almost certainly say yes, and soon it may consider a question that should be equally easy to answer: whether the Second Amendment applies outside of the home.

“In 2008, the first time the Supreme Court explicitly declared that the Second Amendment protects an individual right to ‘keep and bear arms,’ it ruled that the District of Columbia’s handgun ban violated that right. Since the Chicago handgun ban at issue in the case the Court heard this week is virtually identical, it will be overturned if the Court concludes that the Second Amendment binds states and cities as well as the federal government. And since the Court has ruled that almost all of the other guarantees in the Bill of Rights apply to the states by way of the 14th Amendment, it would be very strange if the fundamental right to armed self-defense did not make the cut. […]

“[O]fficials predictably warn that chaos would ensue from allowing law-abiding people to carry guns in public. But that has not happened in any of the states with nondiscretionary carry permit policies.

“Although the crime-reducing benefits of such policies remain controversial, the blood-soaked visions of doomsayers who imagined routine arguments regularly culminating in gunfire have not transpired in the two decades since Florida started the trend toward liberalization. In fact, data from Florida, Texas, and Arkansas indicate that permit holders are far less likely to commit gun crimes (or other offenses) than the general population.”

Read the entire article here.

Also, for up-to-the-minute information on this important court case check ChicagoGunCase.com.

Dueling Gun Bills

Vermont Carry” vs. “Shall Issue” In Iowa

Once again this year, competing bills seeking to reform Iowa’s iniquitous weapons carry laws have been introduced. This year however, this seems to be causing a growing fissure in the gun rights community.

One bill, House File 596/Senate File 473, the “Vermont Carry” bill, is being touted as the “REAL Right-to-Carry Bill.” This bill is being pushed by the group Iowa Gun Owners (IGO) and was sponsored in the House by Rep. Sorenson (R-74) and in the State Senate by Sen. Hartsuch (R-41). It currently has 24 co-sponsors in the House and 9 in the Senate.

According to IGO, HF596/SF473 would “[restore] the 2nd Amendment in Iowa by eliminating mandatory government training, paying fees, and the whole concept of having to beg permission to exercise a Constitutional right.” The bill “would allow any Iowan, who is not a felon or otherwise barred by law from owning weapons, to carry a weapon for self-defense, concealed or openly, WITHOUT having to get government permission.” [Emphasis in original.] This is often called “Vermont Carry” because the only two states that allow it are Vermont and (more recently) Alaska. Many other western states, however, allow citizens to carry openly without a permit, while requiring a permit to carry concealed.

The other bill, which has not had been assigned bill numbers yet, is a “shall issue” law written by the NRA, and supported by the pro-gun groups Iowa Carry (IC) [of which I’m a dues-paying member], Iowa Sportsmen’s Federation, and the Iowa State Rifle & Pistol Association. Current Iowa law allows local sheriff’s total discretion on whether or not to issue weapons permits to qualified applicants. The current law says that sheriffs “may issue” permits, so it is often called a “may issue” law. This has essentially left Iowa with 99 policies on issuing weapons permits, one for each county. The new NRA bill would address the five key criteria identified as essential by Iowa Carry: “Shall Issue,” standardized training, reciprocity (with other states), an appeals process for permit denials, and privacy of records.

Although Iowa Carry had ostensibly partnered with the NRA on this bill, once NRA had assured IC that it’s five points would be addressed, IC appears to have then been relegated to the role of a father-to-be from the 1950’s, waiting nervously in the hospital lobby to see what the so-called “professionals” delivered. Input from us Iowa “local yokels” seemed to be pretty minimal (from my limited vantage point).

Surprisingly to some, the NRA bill has come under heavy fire from fellow guns rights activists, most notably IGO. While IGO’s disparagement might be casually dismissed as merely trying to push their own bill to the top of the heap, the criticism is coming from many quarters. Jeff Knox at The Firearms Coalition has been panning the NRA’s bill, as has Gun Owners of America.

Another voice joining the chorus is long-time gun activist Ed Dolan, currently the “Right to Keep and Bear Arms” Project Leader for the Iowa Campaign for Liberty (C4L). Dolan has fought in the trenches for the Second Amendment here in Iowa for a good many years, including working for the NRA as an “election volunteer coordinator.” His is an opinion I respect. In a recent email on behalf of C4L, Dolan outlines problems with the NRA bill and endorses the IGO Vermont Carry bill.

One problem Dolan identifies with the NRA bill (and probably with any arms licensing regime) is that “it ignores constitutional principles by accepting the State’s power to reduce our God-given constitutional rights to fee-based, permitted privileges.” Indeed it’s hard to say that one has a “right” to keep and bear arms if one has to ask for government permission and pay to exercise it.

Dolan also identifies three nuts-and-bolts problems with the NRA bill, which he puts under the category of “Solutions in Search of a Problem.” Firstly, according to Dolan, the bill “[a]dds unnecessary federal restrictions to Iowa’s purchase and permitting process, barring thousands of peaceable Iowans from protecting their families.” From what I understand, the NRA bill would basically codify the dreaded federal Lautenberg Amendment into Iowa law. If we ever manage to get it repealed at one level, it would then still exist at the other.

Secondly, Dolan says the bill “[i]nvents a new victimless crime of being ‘under the influence’ (undefined) while carrying. I call it the ‘Two beers, too bad’ law. You lose your gun rights forever without ever ‘skinning that smokewagon!’” While no one advocates drinking while armed, “under the influence of alcohol” would be open for wide interpretation by anti-gun police and prosecutors. Would a gulp of wine at communion or a gargle of Scope put you “under the influence?” We just don’t know. Let me also add: “Skinning your smoke wagon” sounds painful!

Thirdly, the NRA bill “[r]aises the [permit to carry] age from 18 to 21 years of age. Again, why?” It would be pretty hard to explain to an 18 to 20 year old Iowa Guardsman why he can be trusted to carry a Javelin antitank missile in Afghanistan but not a six-shooter at home, but civilians only three years older than himself can.

If Iowa gun owners learned anything last legislative season (when a mediocre gun bill was amended into an atrocious gun bill), these “compromises” that the NRA has built into the bill will be treated as a floor, not a ceiling, by anti-gun legislators. You would think the NRA would make their bill as clean and tight as possible to start out; but they didn’t. When it emerges from the legislative sausage press it will be even worse.

This is not to say the shall issue bill is entirely without merit. It would bring Iowa’s carry laws in line with the Iowa Constitution’s mandate that laws have a “uniform operation” across the state. That is important. And it would redress those five points sought by Iowa Carry.

Iowa Carry, for its part, doesn’t oppose IGO’s Vermont Carry bill, it just doesn’t think it’s politically doable right now. “We’ve had a hard enough time going from may issue to shall issue,” said Sean McClanahan, president of IC. “It’s just not politically feasible.” He adds: “We lost rights a little at a time. We have to take them back little by little.”

There is truth to those words. People who forgo “better” (shall issue) in hopes of “best” (Vermont Carry), often end up with neither. Unfortunately, in this case I have serious doubts that the “better” option is really better.

At the risk of alienating some of my friends at Iowa Carry, I’ll be pushing my representatives to support the Vermont Carry bill (HF596/SF473) and not the NRA bill. Second Amendment purists might not be able to win the battle for Vermont Carry in Iowa, but it’s a good hill to die on.

"Fort Hood: Death by Gun Control"

Excerpts from the article by Howard Nemerov at examiner.com:
“Yesterday at Fort Hood, disgruntled Army Major Nidal Malik Hasan murdered 12 soldiers and wounded 31 others before being shot and captured.

“These soldiers were entrusted to carry fully automatic, military assault rifles when deployed to Afghanistan, where the shooter was about to be sent. But in America, these same soldiers are disarmed when on base. From the Associated Press: ‘Soldiers at Fort Hood don’t carry weapons unless they are doing training exercises.’ […]

“In his book The Bias Against Guns, John Lott examined the relationship between the presence of legally-carried firearms and multiple murders. He concluded: ‘If right-to-carry laws [legal concealed carry of handguns] allow citizens to limit the amount of attacks that still take place, the number of persons harmed should fall relative to the number of shootings… And indeed, that is what we find. The average number of people dying or becoming injured per attack declines by around 50 percent.’

“Lott also found that both the total number and rate of multiple murders in right-to-carry states are one-third that of restrictive states. In an email interview, he clarified this data by stating: ‘The simplest numbers showed a 67 percent drop in the number of attacks and a 79 percent decrease in the number of people killed or injured from such attacks. The number of people harmed fell by more than the number of attacks because some attacks that weren’t deterred were stopped in progress by people with guns.’ […]

“[Police SWAT-expert Ron] Borsch notes that nearly all mass murders occur in places where law-abiding citizens are banned from possessing firearms, either by property owners or government regulation.

“Off-base, soldiers over age 20 are eligible under Texas law to carry a concealed handgun.”

Read the entire article here.

Press-Citizen Guest Opinion

Last Sunday the Iowa City Press-Citizen published a version of my “More Guns, Less Sense?” post of October 12th. I had written this in response to an anti-Second Amendment guest opinion that the Press-Citizen had previously published.

Although it was a very condensed version of the below post, it contained a few facts that my original post didn’t. These included:

“A 1997 study performed for the Justice Department found that there are as many as 1.5 million defensive uses of firearms every year. Two years earlier, a study by criminology professors at Florida State University, put that number at as many as 2.5 million defensive gun uses each year. By any measure, that’s a lot of lives saved from rape, robbery or murder.

“According to a 1996 study at the University of Chicago, states that implemented laws wherein private citizens are permitted to carry firearms reduced their rate of murder by 8.5 percent, rape by 5 percent, aggravated assault by 7 percent and robbery by 3 percent. Contrast that with Australia, where in the six years following it’s sweeping gun ban, armed robberies rose by 51 percent, unarmed robberies by 37 percent, assaults by 24 percent and kidnappings by 43 percent. Murders did fall by 3 percent, but manslaughter rose by 16 percent after the ban.”

You can read the entire article as it appeared in the newspaper here. Or you can read the original extended blog post here.

Thank you to the Press-Citizen for presenting both sides of the argument.

More Guns, Less Sense?

Peter Hansen, a retired chemistry professor from Iowa City, recently had a guest opinion article in the I.C. Press-Citizen. It was titled, “Our love of guns is nutty.” The meat of the piece can be summed up with Mr. Hansen’s statement: “I fail to understand how any intelligent thinking person can believe that more guns, carried by more people, at more locations, will result in a safer and more peaceful society!”

I’m sure that Mr. Hansen is a nice man, but I’ve got some problems with the conclusions in his article. Since it contained several unanswered questions, I thought I’d take a crack at answering them for the good professor.

Hansen starts off the piece by invoking the senseless murder of a good man: Aplington-Parkersburg football coach Ed Thomas. A heart-wrenchingly tragic story always helps to stimulate emotions while clouding reason, a favorite tactic of anti-gun advocates.

Hansen then talks about the Virginia Tech shootings and the small but growing movement to allow concealed carry on college campuses. “Gun advocates maintain that had Virginia Tech’s students and faculty been armed, far fewer than 32 of them would have been killed in the 2007 mass murder,” writes Hansen. “Of course, gun advocates ignore the far greater likelihood of more frequent suicides, accidents and murders that would result from arming our campuses.”

As a self-styled “gun advocate” myself, I couldn’t swear that fewer people would have been killed if some V.T. faculty and students had been armed that day. That would still involve an armed “good guy” being at the exact right place at the exact wrong time. The point is that concealed carry on campus would lessen the likelihood of a shooting taking place at all.

According to “Multiple Victim Public Shootings” (2000) by professors John R. Lott, Jr. and William M. Landes, concealed carry laws (wherein private citizens are permitted to carry firearms) reduced a states likelihood of having a “multiple victim public shooting” (2 or more victims) by 60% and reduced deaths and injuries from MVPS’s by 78%. Their research also showed that the more restrictions that concealed carry states placed on where permit holders could carry their weapons (more “gun free zones,” like schools) the less of a reduction in MVPS’s the state experienced.

According to the study “Crime, Deterrence, and Right-to-Carry Concealed Handguns,” (University of Chicago, 1996) by researchers John R. Lott, Jr. and David B. Mustard, states which implemented concealed carry laws reduced their rate of murder by 8.5%, rape by 5%, aggravated assault by 7% and robbery by 3%. There was no corresponding “greater likelihood of more frequent suicides, accidents and murders” as Hansen fears. We should expect similar results arming campuses, where only a few law-abiding faculty members and older students would qualify (or even want) to carry handguns.

Now allow me to answer some of his specific questions.. Hansen asks: “Why do Americans feel the need to own handguns to protect themselves from a potentially tyrannical government? Germans and Italians — who have experienced tyranny — don’t feel this need.”

Most Germans and Italians (and many Americans) would probably grudgingly submit to tyrannical government (as they have in the past). Does Mr. Hansen consider that a virtue? Many (but not all) American gun owners retain the anti-authoritarian spirit of our founding fathers who rebelled against a tyrant far less maniacal than the ones that the Germans and Italians tolerated and even supported. Apparently some Europeans have this spirit of resistance too, like the Jewish resistance fighters in the Warsaw ghetto. Armed at first only with a few pistols, they held off the Nazis longer than the entire Polish Army had been able to.

“Why do Americans fear that law enforcement officers cannot adequately provide for public safety?” he asks. Our law enforcement officers do good work, but the simple fact of the matter is that they cannot be everywhere when needed. The courts have ruled that police have no legal responsibility to protect any individual, only society in general. Even in the increasingly Orwellian surveillance-state that the British are creating, the cops can’t be everywhere. Violent crime rates against their disarmed populace are now higher than America’s.

“Why do Americans fear that strict handgun laws will inevitably result in hunters being denied their hunting rifles and shotguns? Other nations with very strict gun laws allow hunters to hunt,” writes Hansen.

Because in just about every jurisdiction where it’s tried, gun control begets more gun control. If handgun ownership for such a basic human right as self-preservation is not considered sufficient cause to own guns, then how can the recreational use of firearms be considered justification for very long? Hunting, if allowed at all, quickly becomes the domain of the rich and well-connected. Once firearms ownership becomes a purely recreational pursuit, bureaucrats like Rebecca Peters (head of the U.N.’s gun ban arm) can more easily tell you to “get another hobby,” as she snidely advised English sport shooters.

Hansen also asks, “To those who interpret the Second Amendment as an unqualified right to gun ownership, I ask, why did James Madison write, ‘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.’ Why didn’t he simply write, ‘The right of the people to keep and bear Arms shall not be infringed?’ Why the reference to ‘a well regulated militia?’ None of the five freedoms of the First Amendment are prefaced with a qualifying phrase.” This is a valid question.

In his book “The Bill of Rights Primer,” Yale Law School professor Akhil Reed Amar explains: “[I]n 1789, when used without any qualifying adjective, ‘the militia’ referred to all First-Class Citizens capable of bearing arms. The seeming tension between the dependent and the main clauses of the Second Amendment thus evaporates on closer inspection- the ‘militia’ is identical to ‘the people’ in the core (First-Class Citizen) sense described above, encompassing adult male citizens eligible to vote, serve on juries, and hold public office. Indeed, the version of the Second Amendment that initially passed in the House, only to be stylistically shortened in the Senate, explicitly defined the militia as ‘composed of the body of the People.’”

Lastly Mr. Hansen asks: “[W]hen the Bill of Rights was submitted to Congress, what was meant by ‘arms’? Most guns possessed by hunters and farmers of that day were smooth bore muskets. Might those 18th-century congressmen have taken a different position had they observed the firepower of a Smith & Wesson Model 686 .357 Magnum revolver?”

I doubt our founders would have taken a different position. General Washington, for instance, was dismayed when many civilian militiamen (hunters and farmers) showed up with muskets incapable of mounting bayonets. In short, he didn’t want them bringing the “hunting rifles” that Mr. Hansen alludes might be permissible. He wanted these civilians bringing their own military-style “assault weapons” of the day. The founders would want their militia to have the best (read “most lethal”) small arms they could get. Since today’s robbers and redcoats have better guns, the founders would have no problem with the militia upgrading their arms as well.

I hope this all helps Mr. Hansen to understand how some fairly “intelligent thinking people” can support an individual right to keep and bear arms. If it was helpful to him, I hope the next time I need help understanding that darned chemistry stuff he’ll be there for me.

Armed Mariners Bill Introduced In U.S. House

In November of 2008 (before the merchant vessel Maersk Alabama was captured by pirates), I suggested that the Federal Government could aid in arming ship crews. I stated that while shipping companies certainly had the right to arm their crews themselves, many foreign ports were hostile to the idea of armed civilians. I suggested that sanctioning of certain armed sailors by the American government might ease the fears of some squeamish governments and provide legal cover for armed seaman.

In a similar vein, U.S. Representative Frank LoBiondo (R-NJ) has recently introduced H.R. 2984, the “United States Mariner and Vessel Protection Act of 2009.” The stated purpose of the bill is “to assist in the defense of United States-flag vessels against piracy and to ensure the traditional right of self-defense of those vessels against piracy.”

Rep. LoBiondo, who is on the U.S. House of Representatives Coast Guard and Maritime Transportation subcommittee, said of his bill, “Our merchant marine fleet is increasingly under attack from unlawful individuals and rogue groups that seek to disrupt commerce, seize U.S. and foreign crews, and instill fear on international waters. It is only appropriate that our fleets be legally allowed to defend themselves from these violent encounters. This common-sense legislation is a necessary step in empowering U.S.-flagged vessels to protect their crews and cargo.”

The bill would direct the appropriate U.S. Secretary to “issue regulations establishing standards and circumstances under which an individual is authorized to use force (including lethal force) against an individual in the defense of a vessel against piracy.”

It would also limit the liability of ship owners, operators, and individuals for damages arising during the defense of a vessel (except in cases of gross negligence or willful misconduct). To achieve this automatic limited liability when using firearms, a mariner would have to have “completed training certified by the Coast Guard for use of firearms aboard vessels.” This would help calm the fears of shipping companies that are reluctant to arm their crews for fear of future lawsuits.

The bill would also allow the U.S. Coast Guard to deploy “maritime safety and security team[s] on a temporary basis, […] to deter, protect against, and rapidly respond to acts of piracy against vessels […] in international waters.”

Perhaps most importantly, the bill would authorize the appropriate U.S. Secretary to “work through the International Maritime Organization to establish agreements to promote coordinated action among flag and port states to deter, protect against, and rapidly respond to acts of piracy against the vessels of, and in the waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by […] this Act.” [Emphasis added.] In other words, the U.S. government would try to win legal protections for armed crews even from foreign governments.

I believe this law would be authorized by the U.S. Constitution under Article 1, Section 8, which gives Congress power “To define and punish Piracies and Felonies committed on the high Seas,” and “To provide for organizing, arming, and disciplining, the Militia,” and “To regulate Commerce with foreign Nations[.]”

So long as it doesn’t become the ONLY way that ship owners are allowed to arm their crews, I think this bill is a good bill that would help reduce piracy against U.S. merchant vessels.