Tuesday, June 21, 2011

Who will save us from the bad people? or Why I own a gun.

Jessica Gonzales
Many people are completely unaware of a ruling handed down by the United States Supreme Court in the case of Castle Rock v. Gonzales on June 27, 2005.

For many, following Constitutional law is about as fun as watching paint dry; but I think that the ruling, and its implication for personal safety in the US, do a great deal to challenge the ideas of safety and security in a civilized society.

We have done a great deal in the name of safety and security in our country.

We have come a long way since the days of the Wild West. Right?

We have police departments, dead bolts on our doors, and sophisticated alarm systems to monitor our home and call the police if anything bad happens.

But none of that helped Jessica Gonzales.

The back story in this case is a sad one. In 1999, Jessica Gonzales got a restraining order against her estranged husband, Simon; giving him what was called "limited access" to their daughters, Rebecca (10), Katheryn (9), and Leslie (7). Despite the restraining order Simon abducted the three girls on June 22, 1999.

Jessica did what most any normal person would do in this situation; she called the police. Repeatedly.

The police decided that Simon was non-violent and that Simon's abduction of the three girls could be considered legal under the wording of the restraining order.

So they did nothing.

The next morning Simon drove down to the police station and opened fire on the building. After retuning fire and killing Simon the police found the dead bodies of the three girls in Simon's truck.

In response to the inaction by the department, Jessica Gonzales sued the Castle Rock Police Department for failure to provide her and her children with due process, which is a fancy way of saying they didn't protect her from Simon even though she had a restraining order against him.

Jessica won he case in the lower courts, but when the case reached the Supreme Court of the United States of America the court ruled that police departments are not bound to protect individuals from other individuals.

Now, did you catch that?

The court ruled that law enforcement officers are not obligated to protect us, even from being murdered.

But what might be even more surprising is the fact that this was not the first time that such a ruling had been handed down. In 1856 (South v. Maryland) the Supreme Court found that police have no duty to protect us and in 1982 (Bowers v. DeVito) the Seventh Circuit Court of Appeals ruled that, "...there is no Constitutional right to be protected by the state against being murdered by criminals or madmen."

So, that begs the question, "Who is responsible to protect us?"

Now please don't misunderstand me. I am not saying that the police will not come to our aid or that they don't want to help or protect; but what I am saying is that we can't always depend on the police to give us protection.

I don't consider myself some kind of "gun nut." I do think that the rights enumerated in the Second Amendment to the Constitution include the right to own and posses a firearm but I don't believe it is a me-verses-the-world scenario where I am the only one who will defend my life and liberty.

As part of a civilized society we have designated certain men and women who are responsible to enforce our laws. I respect the men and women of law enforcement and appreciate the job that they do.

However, I realize that there is no way they can be everywhere watching over everyone at all times. Even with the best police force there will be times when a person will have to act to defend themselves or another.

If someone is attempting to harm my wife or my children I don't want to just hope that the police will show up in time to stop the "bad guy," I want to know that I have a more immediate option at my disposal.

My beautiful wife
Which is why I own a gun. And why my wife learned to use a handgun. And why I hope someday to teach my boys how to properly use a handgun.

I have never fired my gun outside of target practice, and I hope I never have to, but should the need arise I feel that I have done what I can to protect what matters most to me.

But because we have become a "civilized" society, there are some who have come to believe that I don't need a gun; that it would be much better if I just left the protecting to the police. Some of them fight ardently to revoke my right to own a gun and others just sit by and watch it happen.

I have heard the argument that it is for our safety. That to keep the bad people from hurting us we will just take all the guns away.

Am I the only one who seems to notice that 1) many of the places with the strictest gun laws are also the places with the most gun deaths and 2) most of the people who will break the law to kill someone don't mind breaking the law to possess an illegal gun?

I feel like as we moved into cites and away from the wild we lost our sense of liberty.

As we moved into our safe, cozy little apartments or suburban houses with the white picket fences we became more and more comfortable with letting others take the role of protector.

But what happens if I give up my right to protect me and my family...

And the bad people show up...

And the Supreme Court has ruled that the police are not obligated to protect us.

Who will save us from the bad people?

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