Rebane's Ruminations
February 2013
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George Rebane

Last Tuesday night almost 300 Nevada County residents gathered to hear a report from our Congressman Doug LaMalfa, and a presentation by Stewart Rhodes of Oathkeepers in the Grass Valley Veterans Hall presented by CABPRO.  The very stark presentation by Mr Rhodes was on the progress of government overreach and focused much on defense of the Second Amendment.  The message for Americans at the grassroots level was to resist all state efforts to actually or constructively confiscate our firearms.

I don’t want to do a rehash of what has been covered so much on RR during the almost seven years it has served as forum for the Left and Right to debate the most crucial questions that face our Republic in this new century.  But leaving the Vets Hall on a cold and blustery night again brought to mind a question that has puzzled me for some years – how should a liberal state deport itself toward its citizens when a goodly portion of them feel strongly that its government is in the process of destroying the nation?


Polls tell us that for starters about 85% of Americans feel that the country is not headed in the right direction.  Now that doesn’t mean that all these folks agree on what is the right direction.  On the contrary, about half of them believe that more government involvement at all levels is needed to bring things back onto an enlightened and even keel.  And about another half feel very strongly that we are already headed pell mell into an irretrievable autocracy cum tyranny.

But, dear reader, accept neither of these propositions.  Instead, let’s expand the posed question.  For example, should an enlightened state make it easy for its citizens to modify or even overturn its current form of government?  If so, how would it communicate, or more strongly, invite such a fundamental transformation?  If not, what means should it be able to employ to inhibit such a transformation, or more significantly, are there any limits to what force the established government can bring against the cohort of its own citizens that seeks to either unseat it or separate themselves from it?

Today we see several concrete answers to that question – poster child Assad of Syria – that are being implemented by admittedly illiberal Islamic countries and Russia.  When we look into the mirror do we see, or do we condone our federal government to also use such means?

The test case to answer these questions may well be upon us.  It involves our ability to possess firearms of sufficient power and capability to successfully resist federalized local police agencies for a sufficient period so that word of that resistance can spread across the country.  In other words, arms of appropriate mettle in the hands of civilians so that, if neighbors gather to mount their own ‘stand at Lexington green’, the state will not be able to quickly and quietly put them down, and whisk away the evidence of their courageous grievance.  I’m talking about resistance of a form and magnitude that cannot be hidden from the nation, no matter whether that nascent resistance ultimately succeeds or not.

That is what the diverse movements like Oathkeepers, Constitutional Sheriffs, …, movements that are spreading across America, are really all about.  Consider for starters, Stewart Rhodes openly called for citizens to refuse the registration of their firearms (Californians are already behind the curve), and then went on to press people to publicly call out their local sheriffs, constables, and other electeds to have them declare where they stand with respect to their oaths to uphold and defend the Constitution against all enemies foreign and domestic.  (Do you see the wisdom of the Founders in that phrasing?)

Things are rapidly passing the point where our local leaders – all of whom have sworn to defend and uphold – can continue to hide behind inanities and lame responses such as ‘we’ll have to see where the courts come down on this’.  All British courts in 1775 backed the Crown in its colonial dealings.

Our military has long been taught that it cannot hide behind the Nürnberg defense of ‘I was only following orders from my superiors.’  As officers – commissioned and non-commissioned – we were told in the strongest of terms that our oath required us to follow only lawful orders.  And here’s the hard part, as Americans operating within the legacy of liberty and individual responsibility, it was the duty of each of us to put the measure of lawfulness on every order we were commanded to carry out.

That is a terrible burden that all men who seek to remain free must always bear.  For to err in that call will not be forgiven.  We know the oath taken by so many of us did not lapse when we took off our uniforms.  So today, as the government prepares to confront massive civil unrest within our borders, what do we do when laws become lawless?

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71 responses to “When laws become lawless”

  1. Paul Emery Avatar
    Paul Emery

    My question was do any of you think ownership if semi automatic rifles is a “god given” right . Russ
    “When is the last time you read the Constitution? It was written to support our God given rights”
    What the hell is a God Given Right anyway? Whose god and whose religion are you referring to?

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  2. Walt B Avatar

    OK Gregory,,, ya’ got me. Ya’ just had to pop a cap in my ,,,, butt. ( Now my limp is really noticeable)LOL
    Ya gotta love the ingenuity of sci fi prop people.
    Paul. Hasn’t the tree hugger termites been pushing for the use of the latest and greatest ( even unproven) technology to “make our lives better”? Or does that only apply to worn farms and overpriced solar panels, batt. powered cars that we can’t afford?
    Just why in your eyes that the 2ND means that we should only be able to own and use smooth bore flint locks?( OK…Cap and ball) because that what was around when the law was written. We gun owners also have the right to keep up with technology,and nor be kept in the bolt action age with minimal ammo capacity.
    Don’t like high capacity magazines? WHY? YOUR not reloading them, or buying the ammo.
    Since you don’t believe in a higher being,(which is your “right” BTW,) then I take it you believe a politician is the one that grants you “rights”. At least the ones you like at this point in time? What part of the Bill of Rights you just can’t stand? ( the same goes for the Ten Commandments. Ever hear of them? )
    Maybe you should spend some time in the Muslim world, and get a taste of that “tolerant and peaceful” society.. A word or warning.. Better not mention that atheism you subscribe too. They are not kind to “non believers”.
    There,, it’s believe in Ala or die. Christians are under attack there daily.
    For us, it’s convert or die… Just ask the Christian Pastor that’s about to be executed just for being a Christian. So much for that “tolerance” we keep hearing from the Progressives.
    When and “if” you get back, you might find a new appreciation for those ” God given rights”.

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  3. Walt B Avatar

    Here ya’ go Paul E. ,,, If “they” can get away with this to a Christian, just think how far in their good graces you would get..
    http://www.foxnews.com/world/2013/02/22/imprisoned-american-says-iranian-captors-waiting-for-me-to-deny-christ/
    Go through what he is, and get back to me. those “God given rights” would look vary good if you come back. ( that’s a big IF…)
    BTW Don’t count on “O” coming to your rescue. Remember our Diplomat? “O” left him for dead, along with a few others. And not a damned thing has been done about it.( and never will)

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  4. Walt B Avatar

    Dr. R.. Did you hear or see Glenn Beck’s explanation and/or description
    of the Castle doctrine? Even a Progressive can understand it, and have an even tougher time saying it’s not so.

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  5. Gregory Avatar

    Paul, I think you can trace that right to “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.”
    That works whether one thinks “the creator” is the invisible man in the sky, or Mom & Dad.

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  6. Walt B Avatar

    We can thank the LIBS for Ca. being #1 in another category, other than real bad finance decisions, or big union. We can add restrictive gun laws to the list of #1 stupid.
    http://www.theblaze.com/stories/2013/02/22/what-are-the-best-and-worst-states-for-second-amendment-fans/

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  7. George Rebane Avatar

    WaltB 541pm – I did indeed. The explanation is spot on. Anyone who invades your home deserves no warning for he has violated sacred space with every intention of doing you and your family harm. You have no duty to launch an investigation as to what his real motivations were for being in your house both uninvited and surreptitiously. If he has dire need to be there, he can volubly announce himself way before he breaks and enters.
    The natural law explanation is precisely correct, and it highlights the chasm between progressives and the rest of us – they recognize no natural laws, only the ersatz ones that they manufacture.

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  8. George Rebane Avatar

    PaulE 359pm – Several of our Founders opined that the Republic they bequeathed us was operative only for a religious people who believed that there were absolute values, think ‘rules of engagement’, that came to us from our Creator.
    Fundamental to those rules of engagement were behaviors revealed to us by nature. One of those foundations was security in your own person (your body, if you will). In the process, we were also allowed to evolve a mind that was adaptive in its assessment of our environment as it changed and complexified over the eons.
    To cut to the chase, this principle allows us to adapt and use ever more sophisticated means to appropriately counter bigger and more powerful threats to our security, our person. As WaltB pointed out in his 446pm, just because the 2nd Amendment was written in the18th century does not mean that we are forever restricted to 18th century arms to protect ourselves. That was never a part of the natural scheme into which our species evolved.
    And it is more than clear that our Founders contemplated the rogue state as not only a possible, but also as the most fearsome threat to our security, liberty, property, and our pursuit of happiness. Therefore, as our state contemplates and visibly prepares for our containment, so must we contemplate and prepare to resist such lawless assault. And today, that will take at least the private ownership of semi-auto weapons and high capacity magazines, the large scale ownership of which does not come free as we last saw at Sandy Hook. But in so doing, the utility tradeoff is far in our favor as governments – most certainly the modern ones – have demonstrated their readiness to sacrifice millions of their own citizens for causes that have been patently evil.
    As an atheist (a strong religion in its own right), the best way to explain a “given right” to you is to frame it in terms of nature and natural rights enjoyed by the beasts of the forest, and our own ancestors disappearing into the mists of time. And if all else fails, take Gregory’s 558pm advising you to accept your mom and dad as bestowing on you the ability and motivation to keep your fuzzy butt secure from the bad guys, in and out of uniform.

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  9. Barry Pruett Avatar

    George: I have been following this thread, and you explanation here about natural law and the connection to the not-so distant past is spot on. Thank you for summing up this thread quite nicely.

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  10. Walt Avatar
    Walt

    Well,, a small ray of sunlight has peeked through the darkness known as the super majority of LIBS in SAC. LIBS don’t have it anymore.( at least for the time being.) They are now 1 short of being veto proof.
    Then again that’s not really saying much since Moonbeam is still at the helm of the broken tiller.

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  11. Steve Enos Avatar
    Steve Enos

    I do find this a bit interesting:
    Sen. Michael Rubio abruptly resigns to accept a position managing California governmental affairs for Chevron Corp. Rubio resigns the State Senate and at least for now gives up the Dem super majority.
    Rubio resigned as a sitting Senator vs. deciding not to run for re-election at the end of his term. I feel if you run for elected office and get elected you owe it to the people to finish out your term unless there’s a REAL good reason not to. Resigning in mid term to take a lobbist job at Chevron Corp. is not a good reason to bail mid term.
    Not only did he resign mid term, he did so to be the head governmental lobbist for Chevron Corp in CA.
    Interesting stuff.

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  12. Walt Avatar
    Walt

    Nice cut and paste Steve… 9 words of your vary own.
    Now to get Conservatives to replace them. If the people in those districts put another LIB in their places, it goes to show just how far gone CA, really is.

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  13. Gerry Fedor Avatar
    Gerry Fedor

    So Walt, do you support the Sheriff actions against the MMJ crowd?
    He is not following that sacred “oath” that you all are asking, so I’d like to understand is when someone is support to follow this “oath”, do they get to pick and chose whatever sections of the law they want?
    Can they lie to the public to get things passed?
    Can they not follow the laws on public disclosure?
    Can they not follow the laws on reporting supposed crimes?
    Please “inform” me as to where these boundaries are, or are there none?
    Thanks, and I look forward to your answer!

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  14. Walt Avatar
    Walt

    For one Gerry,, our right to own guns is chiseled in stone.( Ya’ know that document called the Constitution?) Ever read it? There is a nifty line where the 2ND is concerned… ” Shall not be infringed”. So what have the LIBS tried to do? Try and rewrite the definition of infringement.
    Show me MMJ in that document.
    And speaking of liars,, look no further than “O”. Funny how the Left flat refuse to call him any of them. NONE….( and that goes for any elected LIB for that matter. Sen “perv” Menendez is a prime example.. His escapades have been known for some time and he still has his seat, and not one charge even today.. If that was you or me,, just which prison cell would we be in?)
    Yes, Ca. has a “law”… So does the FEDS. One thing is for sure. Your priorities need a little retuning. It’s fine for the state to restrict our rights on gun ownership, NO open carry, even an unloaded gun, then they messed with the gun itself. Do you know the list of banned guns in the state is much longer than the list of legal weapons?
    But what gets you peeved at government, is their stance of weed.
    Funny thing about weed growers. Most of the ones I know are anti capitalist LIBS.,, and once a year they become Capitalists. Sell as much dope as possible, at the highest price possible.
    There is one problem with that. MMJ was billed as ” non profit”, and was voted and passed on that premise. NOW , NO ONE wants to play by that rule.
    Sorry,, the cops CAN lie through their teeth to make arrests. Do I like that idea? Not really. So.. If someone is knowingly doing an illegal act that he should get off the hook just by asking if someone is a cop before the deal goes down? Ya… Right.
    Politicians lie to us every day.. Lie in front of Congress ( you or me) and see what happens.
    So start holding them accountable to us for a change.
    The Tea Party is trying to do that. What LIB party is?

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  15. Patricia Smith Avatar

    Feds Set Their Sites on Gun Owners
    A bill was introduced in Congress on Valentine’s Day, HR499, that would expand the Bureau of Alcohol, Tobacco and Firearms to include Marijuana. Be afraid, be very afraid.
    Gun owners are spooked by proposed legislation to ban assault weapons in the wake of the Sandy Hook Elementary School massacre. All I can say is, WAKE UP. This is just the tip of the iceberg. Already the Justice Department is calling for “stricter penalties” for gun violations and some lefties are calling for total civilian disarmament.
    Welcome to My World
    Imagine if you can, sitting at home eating breakfast with your family. Suddenly, your front door bursts open and dozens of men clad in scary military SWAT team attire, storm your residence. They throw you to the ground, jam an assault weapon to your head, and handcuff you while they ransack your home. Perhaps they find what they are looking for, perhaps not.
    Nevertheless, they confiscate your possessions, your cars, your cash, your home. Child Protective Services can take your children. Most of the time, no charges are filed but your possessions are not returned. They are divvied up between local and Federal law enforcement agencies as “spoils of war.”
    Meanwhile should they decide to press charges, mandatory minimum sentences are dangled over your head. Unless you agree to a plea bargain, you are insured a very lengthy prison term. You will not be allowed to offer a defense; and even if you are perfectly innocent under local and state law, none of that will matter.
    A Judge will have the power to stop you from taking legal doctor-recommended medication- even if it will cause your death (and it has). Can you imagine a Judge ordering a patient to stop taking a doctor prescribed pharmaceutical drug that is necessary to sustain life?
    Oh, and gun rights? Forget about it! You cannot own ANY gun or ammunition either for that matter.
    You can spend hundreds of thousands of dollars opening a business, but you will not get the same benefits as most business owners. You will be denied the right to deduct normal business operating expenses like rent, payroll, and insurance. Your bank will be pressured into closing your account and you will not be able to process credit card transactions.
    Even if you get the necessary permits, pay taxes, never have a single complaint lodged against you, and your establishment is supported by local government officials, you’re likely to receive a letter from a US Attorney ordering you to vacate in 30 days or forfeit all your assets.
    However, the law will not be applied equally; one shop may operate with total impunity while the one down the street is forced to close. In fact, the most successful, best run shops will be closed because “there is a greater possibility of wrong doing” without a shred of evidence that anything illegal has transpired.
    The people who were elected to protect and defend you, will become your sworn enemy. Arrests for simple possession will skyrocket and our overcrowded prisons will reach the breaking point. The only solution will be to build more prisons and incarcerate more people. With only 5% of the world’s population, the United States already houses 25% of the world’s prison inmates. It gives “We’re #1” an entirely different perspective.
    Think this can’t happen in America? Think again. Scenarios like this happen to law-abiding marijuana patients and business owners every day. Swap the word marijuana for guns and you will see a vision of your future.
    It is exceeding difficult to get a voter initiative passed, less than 4% succeed. Prop 215 passed with a substantial majority – including in Nevada County. By law, a voter initiative cannot be changed or amended except by another initiative, yet rogue officials continue to ignore the will of the people to promote their own careers.
    Americans for Safe Access- Nevada County has been trying to reach a compromise with our local officials to regulate medical cannabis cultivation while still preserving the rights of neighbors. Unlike Yuba and Butte Counties, our Board of Supervisors has refused our offer to mediate which leaves us no alternative other than to request a special election to let the voters decide the issue – again.
    I believe that we will be able to gather enough signatures to overturn the County’s ordinance but it will cost the County at least $250,000 to hold a Special Election.  We feel this is a wasteful use of taxpayer’s dollars and strongly support mediation instead. 
    Patricia Smith
    Chair
    Americans for Safe Access
    Nevada County

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  16. Gerry Fedor Avatar
    Gerry Fedor

    Interesting perspective Patricia has don’t you think Walt, as I think she has a number of very valid points.
    It’s really sad that you and I have a completely different perspective on the MMJ in Nevada County as I believe that because you want to grow your medicine it does not instantly mean that the Sheriff’s department has the right to come into your home as Patricia describes above.
    I do believe that we have had some people that are in the business just to make money, but there are laws on the books that you can be compensated for your time and expenses. Many of these people are no longer around purely because of the profitability factor (and the left before the ordinance came into action.
    Now the days of $3,000 pound pot are long gone and this is reflected in the current market of $1000-1200 per pound pot.
    I’d like to hear your standpoints on the “proposed” loss of your guns while patients lost this right long ago, so where was your group then?
    You can’t really be a citizen and not understand the following quote and how it applies to all of us:
    “Those who deny freedom to others deserve it not for themselves.”
    ― Abraham Lincoln
    So do you believe in denying the same freedoms you enjoy to Patients?

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  17. Gerry Fedor Avatar
    Gerry Fedor

    One other thing, I am pretty peaved that I no longer can have weapons as we now have a large pack of Coyotes (@40) that have parked themselves right next door and they have gone after my dog, and caused problems with the chewing of my waterlines, and I can’t seem to stop them (using spitwads and a blowgun), so are you OK with that?
    What would you do if you had the same issues? Would you expect that the NRA, or any other progun group would stand up to help you? Or would you be left hanging in the wind by groups who are complaining about losing a little of the same right you completely lost?
    BTW, not all of the MMJ are a LIB based group as a large majority of us want the government out of our lives, we want to have our constitutionally supported right to have guns protected, we want to live our lives and not have intrusion by our “overly active government” (in this case the Sheriff’s department), we want to stop this spending nonsense, and we want people to stop relying on the government and start relying on themselves.
    I may not be right, but I think you actually call that a conservative?
    I think that both groups have much more in common, rather than the skewed view of patients that you describe above.

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  18. Walt Avatar
    Walt

    Ms. Smith.. We do have growing limits. 10 plants is the limit as I recall.
    Like I said before. MMJ was supposed to be “non profit”. What happened to that?
    I don’t have issues with pot shops, as long as they operate within the state law. But it still falls back to FED law. ( like it or not)
    Yes, some people just don’t have the ability to grow. THAT I understand, and someone needs to do that for them. But that gets abused wholesale.
    Whoever is doing the growing is selling the excess on the streets. We read about that ALL the time. ” Nev. county weed found in N.Y.” ( Or name your given out of state bust)
    See the news today? A dealer trying to sell to a CHILD! I would love to see just where that was grown.

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  19. Gerry Fedor Avatar
    Gerry Fedor

    Walt, you’re very far from being able to have 10 plants as you can have 100 sq feet of continuous space for both your veg and bloom for indoors.
    You can be paid for reasonable expenses and the time you have involved. There are no provisions for collective grows to help the people that live in a condo type situation and cannot grow, so again they are cut out of the loop.
    Just one question – How do you keep your plants from blooming prematurely (especially how do you keep your selected genetics from blooming and destroying the strain you need) as it’s not possible to do both your veg and bloom cycles in the same room, so in effect there is no indoor growing.
    Outdoors you can do 100-2000 square feet of fenced area, but you have to have a 8′ tall fence surrounding it, you have to grow on a perfectly flat surface, and you have to cut the tops off your plants if they grow taller than your fence……
    This ordinance was designed to stop all growing by the people who actually need it.
    Our Sheriff had all of the tools that he needed to handle the problems that were occurring, but he chose to lie to the community about the extent of this problem to give him the ability to march into your residence (good bye 4th amendment!!!!) if they see a medicinal plant somewhere on your property.
    Do you support this lost of rights because of a lie, and could you support a liar in the next election? That’s the question I want an answer to.

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  20. Patricia Smith Avatar

    Hi Walt, Gerry is right. The 10 plant count never was (it was 6 mature or 12 immature plant). Now plant counts have been replaced with square foot restrictions. These restrictions range from zero square feet in residential areas to 1000 square feet on parcels over 20 acres in AG zoned area. This area includes the space between the plants – not just the vegetative area. Cannabis needs a lot of space for air circulation otherwise it tends to mold easily.
    As long as there is Prohibition, the price of marijuana will attract unscrupulous people. However, there are ample laws to address this activity already. It is not legal under any scenario. The obvious solution is to regulate the industry like any other to give patients an alternative to buying marijuana on the streets.
    As for the idiot that offered marijuana to a twelve year old, if he is found guilty, I believe he should be punished to the full extent of the law (and then some).

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