RKBA Is a Right, Or a Government Privilege, It Can’t Be Both

By Bryan Potratz

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USA –-(Ammoland.com)- Regarding the recent article on AmmoLand Shooting Sports News titled “Every Mass Shooting In The Last 20 Years Shares One Thing In Common, & It’s NOT Weapons” .

I hope you realize that by promoting the narrative that the coincident/corresponding “data” about psychopharma you are playing directly into the hands of the Anti-Gun crowd.

Correlation does NOT equal causation. You are a victim of statistical manipulation.

Just as the percentage of gun owners who commit “gun crime” is in the low single digits, the percentage of Psycho-Pharma patients who have abbe rant behavior are in the low single digits.

The clue is ABBERANT, and that the “black box warnings” are a Liability CYA on the part of the Drug Companies.

What most RKBA people seem to fail to understand is that, by promoting the “only crazy people take these drugs” agenda is the corollary that “crazy people shouldn’t have guns” (as per USC 18, 922 (d)(4) ) FAILS TO UNDERSTAND THE ACTUAL INTENT AND REACH of the law as defined by case law, which, under Precedent and practice means:

No person may keep, carry or maintain a Firearm OR Ammunition within the immediate vicinity of a “prohibited person” in accordance with the principle of “constructive possession” as applied by Precedent under US Law.

i.e. If you support the idea/narrative that a person taking certain drugs qualifies as a “prohibited person”, then, according to the LAW, you support the idea that EVERY PERSON IN THE “prohibited person’s’ HOUSEHOLD must ALSO be denied THEIR RKBA.

  • Even if they have done nothing wrong.
  • Even if they otherwise do not fall under the GCA/USC 18, 922.

Promoting this “Do it to Julia” (see, George Orwell, 1984) principle of appeasement will lead to the total destruction of our RKBA through incremental “legal” means.

Should “dangerous people” be kept away from things that can be used to hurt large numbers of other people?  Absolutely.  But it is not up to the .gov or the “medical” establishment to decide who should be a “prohibited person”.
As it (USC 18, 922) is written, a person can become a “prohibited person”, and by definition, everyone in his household is similarly “prohibited“, simply for, for example, picking up the wrong feather on Federal Land.  The “law” does not distinguish between “felonies“, and its definition of “adjudicated” is open to interpretation.
It is that “openness” that endangers the ENTIRE gun owning community when USC 18, 922 is looked at in conjunction with Case Law pertaining to “Constructive Possession”.
If I’m a “prohibited person” and my kid picks up a .22 cartridge and brings it home, BOTH he & I are in violation of the USC 18, 922 statutes.  He, for “providing” and me for “possessing“… even if I never see it.  That’s how “constructive possession” works.
Promoting this Narrative that Prescribed Drug/Drug Class X is “bad“” and those who take it/them should be suspect is EXTREMELY damaging to RKBA… if not now, it will be as soon as Obamacare is implemented.
Either RKBA is a RIGHT, or it is a Government Privilege, secured by meeting .gov & .med requirements…
There really is no middle ground.

I had hoped better from an ostensibly “pro RKBA” organization…

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Bryan Potratz

(B) Once a “law” is causing problems for the Law Abiding, it is essentially too late. Precedent has been set.

Far better to look at how a proposed “law” impacts ALL stakeholders BEFORE “causing problems”.

Frankly, I’d rather take my chances with an Armed Crazy than with a Law Enforcement Agency that comes gunning for me over some “infraction”.

Bryan Potratz

Thank you for your comments. Frank & Danny: Sorry. Given the Viral nature of the “Gun Debate” I figured that “RKBA” held Meme status. DaveGinOly: Thank you for your considered response. It was better than most (which border on a Tom Cruse-like hatred of Psychopharma &/or drugs). Here is the problem: (A) all of these shooters were psychologically abberant BEFORE they were prescribed these medications. So it is quite impossible to unilaterally declare “causation” when, in fact, the biggest problem is more likely that the RIGHT drug was not found soon enough. When we start seeing otherwise “normal” people ODing… Read more »

DaveGinOly

Bryan, I must disagree. If nearly 100% of mass shootings are committed by persons on psychoactive drugs, this is an extremely high correlation. But this does not infer that 100% people on psychoactive drugs are dangerous. It does point at a potential causative factor and can’t be ignored. And even if it is the causative factor, this does not infer that anyone on these drugs should be denied the right to arms (because, as you mention, aberrant behavior as a result of the drugs is an extremely rare occurrence). What I’m trying to say here is that we cannot reject… Read more »

Kenneth Lawson

A little research found that what suspected , to be true. . That when a senator or other elected official takes office, the oath says they will support and defend the constitution. It would seem to me that the constitution is the ultimate “law of the Land”. Anything that congress passes that dismantles or impedes the populace from enjoying the rights guaranteed by the constitution, could be considered at least illegal, or at most treason against the constitution. https://www.senate.gov/artandhistory/history/common/briefing/Oath_Office.htm The history of gun control has a long history going back to the early 1900’s . One of the major points… Read more »

Dan

Is there any confusion regarding the God given right to self defense? Since carrying 5 foot double edged broad swords make driving difficult, not to mention pulling a sword on a person pointing a gun at you is just plain stupid. RKBA includes any weapon as can be seen in the UK where your right to self defense is curtailed and if you kill an intruder in your own home you will go to jail. Such are the limitations imposed by “royalty”. The world elite consider themselves “gods” and as gods believe they have the right to control every facet… Read more »

DannyG

I’m with you Frank. It took me a little while to figure it out but I managed. Maybe I’m not hip enough to know all the web sites that deal with this issue and maybe it was posted there somewhere. In any case, revealing it to the great unwashed would be nice.

Frank

I wish when people write these things (or publish them), they take into consideration that not everyone knows all the acronyms and abbreviations. I had to stop reading and Google when RKBA means so this would make sense. Now that I know it means Right to Keep and Bear Arms, it makes more sense.

Bryan Potratz

The above article was not written as an article but is the compilation of a couple of emails to Staff. As such, it is not formatted as tightly as I would have liked for an Article, but Ammoland requested that they be allowed to post it. The ins and outs of USC 18,922 and Constructive Possession can be somewhat esoteric, but they have very real import to preserving what is left of RKBA…