The Right to Self-Defense Judge Andrew Napolitano

Townhall Columnists Judge Andrew Napolitano


Mar 07, 2013


In all the noise caused by the Obama administration's direct assault on the right of every person to keep and bear arms, the essence of the issue has been drowned out. The president and his big-government colleagues want you to believe that only the government can keep you free and safe, so to them, the essence of this debate is about obedience to law.

To those who have killed innocents among us, obedience to law is the last of their thoughts. And to those who believe that the Constitution means what it says, the essence of this debate is not about the law; it is about personal liberty in a free society. It is the exercise of this particular personal liberty -- the freedom to defend yourself when the police cannot or will not and the freedom to use weapons to repel tyrants if they take over the government -- that the big-government crowd fears the most.

Let's be candid: All government fears liberty. By its nature, government is the negation of liberty. God has given us freedom, and the government has taken it away. George Washington recognized this when he argued that government is not reason or eloquence but force. If the government had its way, it would have a monopoly on force.

Government compels, restrains and takes. Thomas Jefferson understood that when he wrote that our liberties are inalienable and endowed by our Creator, and the only reason we have formed governments is to engage them to protect our liberties. We enacted the Constitution as the supreme law of the land to restrain the government. Yet somewhere along the way, government got the idea that it can more easily protect the freedom of us all from the abuses of a few by curtailing the freedom of us all. I know that sounds ridiculous, but that's where we are today.

The anti-Second Amendment crowd cannot point to a single incident in which curtailing the freedom of law-abiding Americans has stopped criminals or crazies from killing. It is obvious that criminals don't care what the law says because they think they can get away with their violations of it. And those unfortunates who are deranged don't recognize any restraint on their own behavior, as they cannot mentally distinguish right from wrong and cannot be expected to do so in the future, no matter what the law says.

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Judge Andrew Napolitano
Judge Andrew P. Napolitano is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He sat on the bench from 1987 to 1995, during which time he presided over 150 jury trials and thousands of motions, sentencings and hearings. He taught constitutional law at Seton Hall Law School for 11 years, and he returned to private practice in 1995. Judge Napolitano began television work in the same year.
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anonymous11042 Wrote: 4 minutes ago (7:24 AM)
The Federal Government has already formed its 'army of oppression'. It's pretty common knowledge the The Department of Homeland Security has purchased massive amounts of ammo and armored military vehicles of the type used in Iraq. If any group starts any kind of armed insurrection, they will be annilated. We have allowed the one world Marxist crowd to take over the country and the cost will be more than we can bear.
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MAURY JOSEPH Wrote: 18 minutes ago (7:10 AM)
How come we all agree that our country's BEST protection and safety from all enemies is a STRONG and WELL ARMED military, yet for some unexplainable reason, that same logic doesn't apply to individual citizens?
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VIP57 Wrote: 25 minutes ago (7:04 AM)
Your Honor, Why has the Supreme Court Allowed the FED Bankers to Set aside the Constitution and replace it with UCC and USC?

If the US were still under Constitutional Law, NONE of this BS would be happening now.
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nimh2 Wrote: 1 hour ago (6:27 AM)
Even Pravda has warned us Americans NOT to disarm . . .
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NavVette Wrote: 1 hour ago (6:07 AM)
Judge, I really, really wish I were the President so that I could appoint you to the Supreme Court.
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jimmylynn Wrote: 4 hours ago (3:26 AM)
Judge Andrew Napolitano,

I read your columns and I am continually impressed with your sound ideas and principles. You are very clear and concise in your reasoning and the explanation of your views.
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YESWECAN Wrote: 7 hours ago (12:27 AM)
Sooner or later we are going to realize that the biggest enemies of our country are CAREER politicians. Some of them get off to a good beginning but soon they are corrupted by lobbyists and Washington D.C. itself. Some are crooks from the beginning. The only thing that will save our country is TERM LIMITS.
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NewJAl Wrote: 9 hours ago (10:25 PM)
Kennesaw, Ga. is now not the only town where authorities are trying to get a gun in each household, with sensible exceptions. Kennesaw has an admirably low rate of robbery and an exemplary record on public safety. Naturally, Obama's cheerleaders, the News outlets, have not noted Kennesaw success. And now another town has come on board.
American Federalism exemplified, where success in one entity is noted and imitated.
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para_dimz Wrote: 9 hours ago (9:59 PM)
Sorry judge, but words being as important as we know they are, you have used a few that are an ill fit. The Second is not about personal self-defense. It is about the defense of a free State. That is what it says. Those words mark out a rather profound difference in how the right ought to be exercised.
Now, to assuage those who wonder if that orphans a right to self-defense, it easily umbrellas under the second. It also has two other places in the constitution it resides, one of which is, I think, a more perfect fit. Self defense, hunting, collecting, gun shows, the shooting sports all are covered fully under the Ninth Amendment and the Tenth Amendment.
The second is about war making capabilities. Let's not water it down.
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BigDog848 Wrote: 8 hours ago (10:33 PM)
The Amendment establishes the personal right to keep and bear arms, and has nothing to do with war making.
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Another American Wrote: 8 hours ago (10:46 PM)
I disagree. The second amendment is a doomsday provision assuring our right to protect against tyrannies, including abusive government. Essentially giving us the ability to self-defend our rites and state of being free. I think the smart people might call us, the armed citizenry, "non-state actors" in this scenario.

The second amendment does not limit your right to be arms for that purpose, but specifically enumerates it. In my opinion it is enumurated because the founders new it there would always be efforts to undermine it.
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Vic156 Wrote: 9 hours ago (9:36 PM)
The right to self-defense is a natural individual right that pre-exists the government. It cannot morally or constitutionally be taken away absent individual consent or due process.
I have a question: If a person has been convicted of a felony, should this take away their right to self defense for the rest of their life? Mind you that if a felon (previously convicted) decides to get a gun the existence of a law against him having a gun will no more prevent him from obtaining that gun than other laws that he has decided to break.
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RHSimard Wrote: 10 hours ago (9:25 PM)
Too few people realize that (picture this in italics) governments to not grant rights.

In the absence of all government, rights are constrained by God alone. If we, for the moment, confine our discussion to the purely human realm, there are no restrictions on rights because there is no authority promulgate them, much less enforce them beyond one's own conscience. Clearly, in such a world where any behavior in one's (or one's community's) self interest is permissible, life is dangerous and frightening.

Thus, the D of I first states life, liberty and the pursuit of happiness as God-given rights, and then declares government's proper role as protector of those rights. It does so by restricting the right to do what contradicts them.
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JL36 Wrote: 15 minutes ago (7:14 AM)
The majority of people get the words "rights" and "privilege" mixed up.

For example, someone will say "Owning a house is a right".
No, "Owning a house is a privilege (after you have worked for it)".

So maybe we can say that God grants rights and the government may grant privileges. I know that's simplifying the issue, but I think everyone can get my drift.
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Recovered Lib Wrote: 10 hours ago (9:24 PM)
AMEN!
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AWLways_andForever Wrote: 12 hours ago (6:51 PM)
BATF’s Holder urges Senate support of more restrictive gun laws

http://www.tactical-life.com/
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doc, aka Rich Wrote: 13 hours ago (6:18 PM)
One of Napolitano's best columns.

Will have to check on which side started the war of 1812, and if musket balls were steel (I thought they were lead).
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alopekos teumesios Wrote: 12 hours ago (6:51 PM)
Don't bother checking. Musket balls were never steel. He's a judge, not an armorer.
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oneeye Wrote: 13 hours ago (6:10 PM)
Excellent analysis , Your Honor.
Let us not forget that Paul Revere's cry, "The Redcoats are coming!" was a warning that they were coming to seize the arms and ammunition.
"The Tyrants are coming!" is an appropriate cry now.
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K L Wrote: 10 hours ago (9:10 PM)
He didn't call them Redcoats since everyone was a British subject. The were the "regulars" ie the regular army of the king.
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Vic156 Wrote: 9 hours ago (9:40 PM)
A nit... But not enough to invalidate the point made. That is that the British were coming to seize the weapons of the colonists.
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Hoosierguy Wrote: 14 hours ago (5:15 PM)
I have the feeling that if a Republican were trying to pass all of these gun laws the Dems would be all in a tizzy. Since it's Obama though, they won't say anything, even if they might disagree with him. They need to stop and think that there will come a time when the dems are not in control. When that happens how are they going to feel about having to depend on the government?
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BigDog848 Wrote: 8 hours ago (10:50 PM)
the libs/dems want our guns. They would not be in a tizzy if a republican tried these things, and that's why they are silent now.
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AWLways_andForever Wrote: 15 hours ago (3:38 PM)
JEWS FOR THE PRESERVATION OF FIREARMS OWNERSHIP

Doesn't waste time blathering about 2nd Amendment issues.

They believe we all have a God Given Duty to survive and to defend our families and homes.

' America's Most Aggressive Gun Rights Organization ' also Hounds the BATF relentlessly .

Open To All, of course.

http://jpfo.org/
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NormRx Wrote: 31 minutes ago (6:57 AM)
I joined JPFO about 7 years ago. I am also a member of Gun owners of America, Wisconsin Gun owners and of course the big Gorilla, the NRA
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traitorbill Wrote: 16 hours ago (3:24 PM)
When the government doesn't revere God, and instead wants to replace God, government waivers will become necessary to exercise our inalienable rights.
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BigDog848 Wrote: 8 hours ago (10:51 PM)
Our government specifically chooses no religion.
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Diogenese_wy Wrote: 6 hours ago (12:43 AM)
I wouldn't say that. It appears that the current administration bows and prays fervently and continually at the alter of Marxist socialism.
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traitorbill Wrote: 16 hours ago (3:20 PM)
If the second amendment was put in the constitution so the people could protect themselves from the government, the people must have available to them every weapon that the police have access to.
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traitorbill Wrote: 16 hours ago (3:16 PM)
Is it any wonder that those who think the government is the solution for every problem, think government defense can replace self defense. If you are dependent upon the government for self defense, aren't you a slave to the government?
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Vic156 Wrote: 9 hours ago (9:41 PM)
Of course you are Bill, but that is the point. The govt wants you to be dependent on them.
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Allen239 Wrote: 17 hours ago (1:44 PM)
Our fore-father, Alexander Hamilton, James Madison and John Jay when they wrote the
U.S. Constitution put the Second Amendment giving people the right to keep and bear
firearms because they knew that a "FREE PEOPLE ARE AN ARMED PEOPLE." However,
we now have a president who thinks he is our king and who wants totalitarian powers over
American citizens. Obama's actions for the last five years show that he is willing to say and do
almost anything to gain more power over citizens and that he holds our Constitution in contempt.
The major question now is what is the Department of Homeland Security planning to do
with over 1.6 billion rounds of ammo, over 7000 M-16s and now 2712 armored trucks. Will our guns be seized by military force?
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Luscious Lars Wrote: 17 hours ago (2:24 PM)
Allen239:[Our fore-father, Alexander Hamilton, James Madison and John Jay when they wrote the
U.S. Constitution put the Second Amendment GIVING people the right to keep and bear
firearms...] Capitalization of the word "giving" is mine. Not to nitpick Allen239, but God gave us the right to keep and bear arms. The founding fathers penned the Second Amendment to PROTECT that right. The Constitution does not grant us a right to keep and bear arms, nor is the right to keep and bear arms dependent upon the Constitution for it's existence. But don't take my word for it. There is a United States Supreme Court ruling which says so. I'm not picking on you, Allen. I hope you don't take it as thus. I just want to point out what the Second Amendment is.
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goshawk Wrote: 16 hours ago (2:46 PM)
Allen239,

I agree with you except for one statement..."the Second Amendment *giving* people the right," It doesn't give us the right, we already had that natural right. The 2nd Amendment simply assures that right,

Want to know what the DHS is up to? Go to the link below and see for yourself that they've ordered targets for shooting practice using White civilians such as.. A mother and child in a park. A young boy, Old men, Old women, Pregnant women and young school girls. But notice, there is no Blacks or Muslim targets!

http://www.infowars.com/dhs-supplier-provides-shooting-targets-of-american-gun-owners
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NewJAl Wrote: 18 hours ago (1:26 PM)
On a sweatshirt a friend wore to a restaurant, several weeks ago:
'If someone threatens you with a gun, it is perfectly reasonable for you to take your gun, and shoot him' Dali Lama
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USNbubblehead Wrote: 18 hours ago (1:14 PM)
"...for the tyranny of the majority can be as destructive to freedom as the tyranny of a madman."

Couple the tyranny of the majority with the tyranny of a madman, like today...
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Milt37 Wrote: 18 hours ago (12:41 PM)
Good column in general, but just to nitpick on the Judge's history.

There were some volunteers that owned and were experts at using long rifles. There were also companies of British and Hessians that had similar rifles and skills. This type of weapon was not very widespread, nor ultimately decisive for either side.

Both sides mostly used muskets, which not too accurate beyond 50 yards.
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OBAMA-DRAMA Wrote: 19 hours ago (12:24 PM)
SERIAL KILLERS IN AMERICA

They are exceedingly rare within our nation of 312 million people.

The only thing that is more rare... are crazed mass murders... by an order of magnitude... since 1945.
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