Saturday, July 05, 2008

Better than Sex and the City: Berkowitz duels Mayor Daley, one-on-one, on using handguns (inc. 357 magnums) for self-defense in Chicago

Revised at 2:30 pm on Saturday afternoon to add important links to Nobel Prize winning economist Gary Becker and media personality (and long time Milton Friedman admirer) Dan Proft, as well as links to Milton Friedman and others-- and to improve some sloppy syntax by the author of this post.
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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. [See the United States Constitution, 2nd Amendment, ratified (along with nine other amendments) effective December 15, 1791].

[Ed. Note: The 2nd Amendment was recently construed by the U. S. Supreme Court (at least by its five member majority) in Heller, as conferring a constitutional right on individuals to own a handgun, at least in their homes, in the Court’s decision overturning the DC ban on handgun possession. Chicago, albeit not a District under federal control-- as is DC—and therefore not necessarily subject to the 2nd Amendment, has a similar ban on handgun possession to that of DC; States and their cities, e.g., Chicago, may be subject to the 2nd Amendment, via the 14th Amendment incorporation clause, but the Heller opinion does not decide that issue].
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Mayor Daley: … That’s my position. I mean, people may differ with me, but America should not be known as a country with guns.[For a somewhat harsh criticism of the Mayor's position on guns, see the ubiquitous Dan Proft; For a more balanced view of the issue, see the blog post by Gary Becker, University Professor of Economics and Sociology at the University of Chicago and Nobel Prize Laureate in Economics. [Becker's piece is from the Becker-Posner Blog (as in 7th Circuit Judge and University of Chicago Law School Senior Lecturer in Law Richard Posner).
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It is interesting that none of the MSM at the presser raised or seemed to be ready to raise, with the Mayor, the issue of someone using a handgun in DC or in Chicago to defend oneself in one’s residence. Must not be taught at...See, generally, More Guns, Less Crime.
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Jeff Berkowitz: Mayor Daley, the Supreme Court opinion [striking down the DC ban on handgun possession] seemed to articulate the view of the inherent [constitutional] right of self-defense in the home of an individual holding a gun and they viewed that law, as you know the law in DC that the Supreme court overturned, as inherently going against that right to self-defense. Do you recognize that right? Do you recognize that reasonable people might disagree with you on the handgun ban in DC? [Mayor Daley vigorously supports DC’s and his own city’s ban on handgun possession by individuals; he has also vigorously criticized the Majority opinion in Heller]

Mayor Richard M. Daley [A Daley has sat in the Mayor's Chair in Chicago for 40 of the last 53 years]: I realize that they can disagree with me. But, the role of a police officer—How do you know who has a gun then? What type of gun? Is it a handgun? AK-47? Is it an Uzi? When a policeman responds to domestic violence, does he or she have that notification that you have that type of weapon in your home? Do you have children there? Do you have a locked system on your weapons? Are you there 24 hours- 7 days a week? If your children are home, without any guidance or counseling or support by parents. There’s a lot of issues-- and deals with the safety of—police officers [sic]—Heh, heh and so everybody, maybe has a right to a gun in their home, but how many guns, what type of guns, what type of ammunition?

Berkowitz: They said handguns. The Supreme Court said—right to handguns

Mayor Daley: Yes, but what type of handguns? Automatic handguns? 357Magnums? Did you ever see those? They’ll put a bullet right through you. I mean, so like any [inaudible] with the first responders—they are always concerned with first responders. What protection do they have now? Is there a system that we are going to recognize that everybody has a gun so you know when you respond? Like anything else, when you respond today, even the fire department-- they know many times your medical conditions. You can register. So, that’s the thing we’re concerned about. Also, the liability (heh), that’s the other issue, liability. The liability of the cities (heh). The liability of the counties and states. You can see where any time they have a shooting on campuses, they automatically sue the—of course, they sue the universities; they don’t sue the gun manufacturers. So, there’s a lot of questions to be asked. And, people would disagree with you, like anything else, but we shouldn’t be known for a country with guns. Simple as that. That’s my position. I mean, people may differ with me, but America should not be known as a country with guns.

[Mayor Daley, answering questions, with others, at an early morning press conference held at the DLC National Conversation, June 30, 2008 at the Hyatt Regency, in the Chicago Loop].

What is striking about the above answer is that it does not appear that Mayor Daley recognizes any kind of a constitutional right to use guns in self-defense in one’s home. Further, one gets the impression that, putting the constitution aside, he does not think there is an argument that it may be good public policy to permit residents to possess guns in their homes or apartments.

When questioned about the Supreme Court decision, Mayor Daley seemed to suggest, immediately, his own hypothetical about a police officer being called to a home to deal with a domestic dispute and the police officer facing the danger of being shot by a resident in the home. It is interesting that Daley didn’t raise the hypothetical, which the question seemed to call for, of a resident using her gun to defend herself against a person trying to enter the residence illegally, or as we sometimes put it, to use the gun in self-defense.

Of course, if self-defense against an "intruder," was involved, the police officer wouldn't know if the intruder was packing, would he or she? Yet, Mayor Daley didn't raise that issue.

It would be great to follow up on some of these issues with a more complete one-on-one interview with the Mayor on “Public Affairs.” There is only so much that can be done at a presser, even for this reporter. We’ll put in our request.

It is also interesting that none of the MSM at the presser raised or seemed to be ready to raise, with the Mayor, the issue of someone using a handgun in DC or in Chicago to defend oneself in one’s residence. Must not be taught at the Medill or Columbia School of Journalism, or at WTTW, Sun-Times, Chicago Tribune, NBC or IRN, each of whom was represented at the presser by a reporter, or two. See generally, More Guns, Less Crime.
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Next week's featured guest on the Chicago Metro suburban edition of "Public Affairs," is 7th Ward Chicago Ald. Sandi Jackson. If you have any suggested questions or topics, please send them to show host Jeff Berkowitz at JBCG@aol.com prior to 12:00 pm tomorrow, Sunday, July 6, 2008. Your suggestions will be "not for attribution," unless you indicate otherwise.
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Jeff Berkowitz, Show Host/Producer of "Public Affairs," and Executive Legal Recruiter doing legal search can be reached at JBCG@aol.com. You may watch "Public Affairs," shows with Presidential Candidates Obama, McCain, Giuliani and Cox, this past week's suburban show with State Rep. Mark Beaubien (R-Wauconda), this past Monday night's show in Chicago, Aurora and across the state of Illinois with 13th CD Dem. Nominee Scott Harper, last week's show in Chicago and Aurora with State Sen. Kwame Raoul (D-Chicago); our prior show featuring State Senator John Cullerton (D-Chicago), our prior shows with Comm. Forrest Claypool (D-Chicago), State Rep. Candidate Joan Solms (R-Aurora), 6th CD Democratic candidate, Colonel Jill Morgenthaler (Ret.), State Rep. Jim Durkin (R-Western Springs) and shows with many other pols at www.PublicAffairsTv.com
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A very recently posted show on the Public Affairs YouTube page is this past week's Chicago suburban show with State Rep. Mark Beaubien (R-Wauconda). Recently posted shows include this past Monday night's show in Chicago, Aurora and across the State of Illinois with 13th CD Dem. Nominee Scott Harper, last week's show in Chicago and Aurora with Sen. Kwame Raoul(D-Chicago), our prior show with Senator John Cullerton (D-Chicago)- watch here; our prior shows with State Rep. candidate Joan Solms (R-Aurora), Comm. Forrest Claypool (D-Chicago) on the Obama Presidential campaign and shows with many other pols