Dear Authors of Senseless (is there any other kind?) Gun Control Articles:
Why don't our federal and state governments allow citizens to prevail in law suits against law enforcers for failing to protect the citizens?
First of all, governments claim sovereign immunity to lawsuits they don't want to entertain. Courts have ruled that the First Amendment right to petition for redress does not require government to redress or even to read or listen to the petition.
Second, when two parties have a dispute, an intervenor on the scene has no way of determining who is right or wrong, or to what extent. The rules of evidence and of civil and appellate procedure allow the courts (judges and juries) to determine the facts and governing laws in any dispute. But many judicial activities are hopelessly crooked.
For supporting considerations read Criminal Law 2.0, 9th Circuit Judge Alex Kozinski's 2015 preface to the Georgetown Law Journal. He shows how flawed evidence gets through the holes in the criminal justice system, crooked prosecutors corrupt due process by manipulating grand juries and intimidating innocent defendants into pleading guilty, and police lie incessantly. Then he makes many suggestions for improving justice. He wouldn't have done that but for the corruption and criminality of the criminal justice system actors. We simply cannot trust them
Now, then, why doesn't government have the right to restrain the public from owning and possessing, and carrying dangerous arms (guns, knives, clubs, etc)?
First of all, the 2nd Amendment prohibits such restraint and acknowledges that militias require armed members and ONLY militias and armed individuals can repel tyrants, thugs, invaders, insurrectors, rapists, murderers, psychopaths, and sundry bad guys of any and all sorts.
Second, the people cannot trust Government to protect them from malicious treatment by foreign and domestic enemies; only fools think the law requires police to protect them. In fact, the people know that police don't care who starts an armed dispute, for they will arrest both the non-government aggressor and the defender, and let the court sort it out. Law enforcers, of course, will not arrest government operative aggressors, and the citizen will just become a victim of that aggression unless he has sufficient arms to repel the aggressor and law enforcers.
You see the point here, right? NOTHING but the citizens' arms and their indomitable will to use them stands between them and aggressors of all sorts. Any adult who has paid attention to news stories knows that many government operatives are just badged criminals intent upon abusing whomever they wish, without probable cause, often upon fabricated evidence.
I hope you will keep the foregoing realities in mind before penning further gun control advocacy pulp fiction.
Yes, crazy people can grab an AR15 sporting rifle, shoot up a school, and slaughter students and teachers while the FBI sleeps on complaints about the shooters and cops run for cover outside. You well know that gun control won't solve that problem, for determined assailants can always find weapons for killing unsuspecting people.
But better arming and training for teachers and administrators, and better security procedures at schools, churches, and other public facilities can prevent such incidents. Crazed assailants usually duck and run when defenders start shooting back at them.
Yes, determined and clever aggressors can wear body armor or attack from long distances with bombs or sniper rifles. If they annoy government enough, government will go after them. But the people have no guarantee of it. That just means the citizenry and its militias need ever-more advanced weapons, technology, and means to track the aggressors to their source and eliminate them.
I predict that in due course Islamic Jihadis will perpetrate ever more devastating terrorist acts against the people of the USA. That means the Americanist citizenry must become ever more vigiliant, prepared, armed, and DANGEROUS to violent aggressors through its militias.
There is "no free lunch" when it comes to defending the homeland and its citizens against determined terrorists. I hate thinking of anybody becoming victim of them, but when terrorists come, I hope they come for you first. At least they'll know that you don't have any dangerous firearms to ward them off. And we'll have lost an idiot who wants government to take away our automatic weapons and other means of defending ourselves, our families, our homes, and our communities.