COURT SHOWS COURAGE ON GUNS

"One loves to possess arms, though they hope never to have occasion for them." -- Thomas Jefferson, to George Washington, June 19, 1796. "After a shooting spree, they always want to take the guns away from the people who didn't do it." -- William S. Burroughs.

Big Tim Sullivan was a notorious Irish gangster whose mob controlled New York City south of 14th Street around the turn of the 20th century. Throwing in his lot with the likes of Monk Eastman, Paul Kelly and Arnold Rothstein, Sullivan became an expert on that dark nexus where organized crime and politics consummate their unholy alliance, and soon became an influential figure in the corrupt Democratic machine there known as Tammany Hall.

He made the relatively easy transition from dangerous street thug and political ward heeler to New York state senator first in 1894. He left Albany in 1903 for a term in the U.S. House of Representatives, and returned to the legislature in 1909 after complaining that he lacked the juice in Washington he'd grown accustomed to on his home turf.

In 1911, the Irish and Jewish mobsters who put him into office faced a growing problem -- the Italians. Immigrant mafiosi newly arrived from Sicily and Naples were horning in on what had once been their exclusive domain. Gunfights on the Lower East Side and the neighborhood around Mulberry Street that was to become Little Italy grew more and more frequent, and it was getting so that you couldn't even shake down a barber shop or a greengrocer without some guy fresh off the boat taking a shot at you.

The Sullivan Act was passed into law in New York state in 1911 and remains Big Tim's primary legacy. It effectively banned most people from owning and, especially, carrying handguns. Under the onerous conditions of the corrupted law, a peaceable citizen of sound mind could apply for a pistol permit, but if any of a number of elected or appointed officials objected to its issuance, he or she could be denied the license. The law remains in effect to this day and has been used as the basis for gun laws in many other states and municipalities.

One of those is Washington, D.C., which enacted its handgun law in 1973. Like the Sullivan law, it was written as a "may issue" permit statute, rather than the more common "must issue" permit statutes of many states. Under the "may issue" provision, a person can pass a police background check, take a gun safety course and jump through whatever other hoops the law requires, and still be turned down for a permit at the discretion of government officials.

Actual criminals, who have no problem breaking the laws against robbery, rape and murder, routinely ignore the absurd pistol-permitting process.

Last week, a challenge to the D.C. law wound up being argued before the United States Supreme Court. The case stemmed from a lawsuit filed by Dick Anthony Heller, 65, an armed security guard, who sued the district after it rejected his application to keep a handgun at his home for protection. A lower court threw the D.C. statute out, ruling it to be unreasonable and in violation of Heller's rights under the Second Amendment to the U.S. Constitution. The district appealed, and for the first time in our nation's history, the high court is preparing to rule on what the framers actually meant when they wrote the Second Amendment.

For many, that meaning has long been clear as glass: "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."

Two clauses that some smart editor might have made into two sentences -- the first of which calls for the establishment of a "well regulated militia," thought by most authorities to be the present National Guard, and the second, "the right of the people to keep and bear arms, shall not be infringed," which needs no interpretation at all. Beginning in the 1960s, however, left-leaning legal theorists and postmodern politicians began putting forth the notion that the Second Amendment had nothing to do with individual rights, that it instead was intended simply to make sure that the state-regulated militia members had guns. This ridiculous reading flew in the face of much that was written by Jefferson, Washington and the other men of action who bought our country's independence with blood and ink and gunpowder, but scant attention was paid.

Guns kill people, the revisionists said. We have the police to protect us, and the truths of 1776 have no place in 20th century society.

Big Tim Sullivan's law was mimeographed, retyped and copied out by hand, and sent around to state capitols and city halls around the country, where politicians -- primarily liberal Democrats -- took up his tainted cause.

The old gangster would have gotten a laugh had he lived to see the results of his crooked efforts. But a year after the Sullivan Act was passed in Albany, he went insane -- the result, it is said, of tertiary syphilis -- and was placed in a lunatic asylum. A year after that, he escaped, lay down on some railroad tracks up in the Bronx and was cut into three ragged pieces by a slow-moving freight train.

As a dyed-in-the-wool Democrat of nearly 35 years' standing, I never thought I'd say this, but thank goodness for Chief Justice John Roberts and Associate Justices Anthony Kennedy, Samuel Alito, Antonin Scalia and Clarence Thomas. They are the majority on the first high court in our nation's history to have the courage to tackle the Second Amendment issue head on.

And if the statements they made and the questions they asked last week as attorneys presented their oral arguments in the case are any indication, D.C. residents and those throughout the country may be liberated from the most outlandish and onerous gun control measures the states and cities have been able to pass in the four decades since the silly "Summer of Love" turned this great nation of ours on its head.

To begin with, the five justices clearly indicated that the "well regulated militia" clause is indeed separate from the "keep and bear arms" clause, and that alone is a huge step forward. How exactly they will rule on the specifics of the Washington law is less clear, but any easing of the restrictions it carries will represent a huge victory for gun owners everywhere.

Once the court sets its precedent, New York's Sullivan Act seems a likely next target for challenge by downtrodden gun owners whose rights have been violated for far too long.

Gun control has been a losing issue for Democrats for decades, and in national elections has cost them most of the western and southern states, as well as helping to create "swing states" out of such traditionally Democratic bastions as Pennsylvania, Ohio, Michigan and Florida.

If Sen. John McCain has any sense, he'll use the Republican-appointed Supreme Court majority's decision, which will be handed down well before November, as a major campaign issue, pointing to either Sen. Hillary Clinton's or Sen. Barack Obama's past anti-gun stances.

And if Clinton and Obama have any sense -- which, thus far, they haven't shown they have -- they will avoid the gun issue like the plague, zipping their lips and acknowledging the Supreme Court's mandate to interpret questions regarding the Constitution. If they don't, they'll be handing the election to the GOP on a silver platter.

Since its ratification by congress on September 21, 1789, the Second Amendment has never before been interpreted as to its actual meaning and intent by the Supreme Court.

Hopefully, once the justices have done the right thing by Jefferson, Washington, and the American people, the matter will not come up again for another 219 years, at least.

There is a reason the Heller Justices found the Miller decision "problematic"

In the text of their own decision the Miller Court was not opposed to either the militia or the individual right to RKBA. In the absence of adversarial representation the Court accepted the government's definition of a militia weapon.

Here is the text of their comments about RKBA:

U.S. v. Miller, 307 U.S. 174 (1939)

The signification attributed to the term Militia appears from the debates in the Convention, the history and legislation of Colonies and States, and the writings of approved commentators. These show plainly enough that the Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.

Blackstone's Commentaries, Vol. 2, Ch. 13, p. 409 points out 'that king Alfred first settled a national militia in this kingdom' and traces the subsequent development and use of such forces.

Adam Smith's Wealth of Nations, Book V. Ch. 1, contains an extended account of the Militia. It is there said: 'Men of republican principles have been jealous of a standing army as dangerous to liberty.' 'In a militia, the character of the labourer, artificer, or tradesman, predominates over that of the soldier: in a standing army, that of the soldier predominates over every other character; and in this distinction seems to consist the essential difference between those two different species of military force.'

'The American Colonies In The 17th Century', Osgood, Vol. 1, ch. XIII, affirms in reference to the early system of defense in New England-

'In all the colonies, as in England, the militia system was based on the principle of the assize of arms. This implied the general obligation of all adult male inhabitants to possess arms, and, with certain exceptions, to cooperate in the work of defence.' 'The possession of arms also implied the possession of ammunition, and the authorities paid quite as much attention to the latter as to the former.' 'A year later (1632) it was ordered that any single man who had not furnished himself with arms might be put out to service, and this became a permanent part of the legislation of the colony (Massachusetts).'

Also 'Clauses intended to insure the possession of arms and ammunition by all who were subject to military service appear in all the important enactments concerning military affairs. Fines were the penalty for delinquency, whether of towns or individuals. According to the usage of the times, the infantry of Massachusetts consisted of pikemen and musketeers. The law, as enacted in 1649 and thereafter, provided that each of the former should be armed with a pike, corselet, head-piece, sword, and knapsack. The musketeer should carry a 'good fixed musket,' not under bastard musket bore, not less than three feet, nine inches, nor more than four feet three inches in length, a priming wire, scourer, and mould, a sword, rest, bandoleers, one pound of powder, twenty bullets, and two fathoms of match. The law also required that two-thirds of each company should be musketeers.'

The General Court of Massachusetts, January Session 1784 (Laws and Resolves 1784, c. 55, pp. 140, 142), provided for the organization and government of the Militia. It directed that the Train Band should 'contain all able bodied men, from sixteen to forty years of age, and the Alarm List, all other men under sixty years of age, ....' Also, 'That every non-commissioned officer and private soldier of the said militia not under the controul of parents, masters or guardians, and being of sufficient ability therefor in the judgment of the Selectmen of the town in which he shall dwell, shall equip himself, and be constantly provided with a good fire arm, &c.'

By an Act passed April 4, 1786 (Laws 1786, c. 25), the New York Legislature directed: 'That every able-bodied Male Person, being a Citizen of this State, or of any of the United States, and residing in this State, (except such Persons as are herein after excepted) and who are of the Age of Sixteen, and under the Age of Forty-five Years, shall, by the Captain or commanding Officer of the Beat in which such Citizens shall reside, within four Months after the passing of this Act, be enrolled in the Company of such Beat. ... That every Citizen so enrolled and notified, shall, within three Months thereafter, provide himself, at his own Expense, with a good Musket or Firelock, a sufficient Bayonet and Belt, a Pouch with a Box therein to contain not less than Twenty-four Cartridges suited to the Bore of his Musket or Firelock, each Cartridge containing a proper Quantity of Powder and Ball, two spare Flints, a Blanket and Knapsack; ....'

The General Assembly of Virginia, October, 1785 (12 Hening's Statutes c. 1, p. 9 et seq.), declared: 'The defense and safety of the commonwealth depend upon having its citizens properly armed and taught the knowledge of military duty.'

It further provided for organization and control of the Militia and directed that 'All free male persons between the ages of eighteen and fifty years,' with certain exceptions, 'shall be inrolled or formed into companies.' 'There shall be a private muster of every company once in two months.'

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