The Second Amendment Is Not About Squirrels
Former councilman has a fractured view of the Bill of Rights.
I don’t consider former Chesterfield Ward 1 Councilman Gene Schenberg much of a Constitutional scholar.
Schenberg is trying to sell his position that the Second Amendment of the Constitution gives him the right to shoot projectiles from a gun at squirrels to protect his house in the Greenfield Village subdivision.
Schenberg specifically seems to think opening a window and taking a shot at a squirrel with a .177 caliber pellet gun or a .22 caliber rifle is every American’s right.
A number of his neighbors think otherwise.
Unbelievably, Chesterfield founding father and current Ward 1 Councilman Barry Flachsbart is buying into this nonsense. He's against a proposal to make it illegal to fire a pellet gun within 150 yards of a house.
The bill is up for a vote on Wednesday, January 18.
Most people over the last 200 years have figured that the Second Amendment giving citizens the right to bear arms was to protect themselves from invading British soldiers.
I have to believe most of the squirrels in Greenfield Village are American born.
Over the years, the scope of the Second Amendment was enlarged to allow Americans to protect themselves from criminals, especially in the early 1800s when law enforcement was virtually non-existent across much of the country.
During the Civil War, the Second Amendment came into play again allowing people to protect themselves from invasions by armed people who ate grits.
In more recent times, Americans need the right to protect themselves from armed criminals.
The Castle Rule of law allows people to use deadly force to protect themselves from home invasions by people—not rodents.
I have dealt with squirrels in the past, having owned homes in Kansas City, suburban Washington, D.C. and West St. Louis County.
Here is what I have done to protect my houses:
- Maintained the house so squirrels could not get in.
- Did not store items like dog food or bird seed in the garage where it might attract rodents.
- Owned at least one dog whose avowed enemies are rodents, especially squirrels.
But with Schenberg’s theory of home protection, he has a right to use high grade plastic explosives for voles and moles, and take pot shots with a double barrel shotgun at birds flying across his property line, perhaps fearing they will nest in his chimney.
Cities across the country are hiring companies under police oversight to safely shoot deer that have overpopulated suburbs, but they are not allowing people living in these residential areas to take potshots at Bucks and Does with high power hunting rifles.
But considering Schenberg’s approach, a bazooka against deer would be appropriate, as long as it's in defense of his property and house.
I am not someone who thinks the Second Amendment should be repealed.
Quite the contrary, for 30 years I carried a firearm on my belt in connection with my employment, and have owned a number of guns.
But I do take exception to people who think it's okay to own assault weapons that fire 30 rounds in 30 seconds.
A survey of Creve Coeur, Ellisville, Ballwin, Town and Country and Maryland Heights shows they all have ordinances against firing BB guns, pellet guns and firearms within the city limits.
The Chesterfield proposal is clear. People fearing for their lives can shoot firearms to protect themselves and their houses from HUMANS—not squirrels, chipmunks and birds.
thomas jefferson
8:03 am on Tuesday, January 17, 2012
criminals don't care about or respect gun laws, and your condensending little story here, only tells me you dont know what your talking about. Using this story about a guy with a pellet gun, to help further your cause for new laws and regulations is just pathetic, and according to you, people that have guns are just dumb " grit eating" rednecks. its sad that you think taking away our rights and liberties is the way to go, even though the places that allow open or conceal carry are much safer than cities with strict gun laws. But since that doesn't fit your agenda, you think you can simply ignore the facts and convince everyone the facts are wrong. and continue pushing gun laws after gun laws until you have made it impossible for the law abiding citizens of this country to protect themselves. just try and get a gun permit in washington dc or chicago, and see how difficult, expensive, and time consuming it is. when will you wake up and realize this only hurts us law abiding citizens. I have the facts on my side, wheres your "proof" that more and more gun laws have worked? when seconds count... the cops are only minutes away! And NO, your academic pedigree doesn't outweigh the strength of my argument ! go ahead and try.
If you don't have the skills or confidence for a 30 round semi automatic, simply don't get one!, but don't push to ban them only because your afraid and cant handle it. Ted Kennedy's car has killed more people than my gun!! when will you ban cars?
Smarter than You
9:35 am on Tuesday, January 17, 2012
Defending the squirrel? Obviously this writer never had any squirrels enter their attic or chew through Cedar siding. As long as a degenerate isn't shooting the bb gun then everything will be ok. I've shot a squirrel exiting my attic. I tried everything from traps to closing off the entrance...it ate through the wood. So I got up early, watched the little varmint slowly come out while 2 stories high....end of the squirrel. Banning a bb gun within 150 ft of a house is stupid and truly so is this article and debate.
Smarter than You
9:53 am on Tuesday, January 17, 2012
I really don't know what is dumber - John Hoffman or Chesterfield caring about such a mundane topic. It's ok to trap a squirrel but not ok to shoot one. At what point did the squirrel become more important than our house.
Here a facts that the writer ignored - 15,000 residential fires are started annually from rodents Like squirrels chewing on electrical wires in one's attic...not to mention the other home damage from the squirrel chewing wood, additional entrance holes, siding, etc. Also an issue of mites.
Either pay someone a large fee or shoot them with a pellet or bb gun
ron
10:19 am on Tuesday, January 17, 2012
Hey Rocky, are you feeling lucky? C'mon squirrel, make my day!
Jean Whitney
10:28 am on Tuesday, January 17, 2012
Wow, I think some comments are rather harsh about the author. Instead, check out the issue before it's voted on at the Chesterfield City Council meeting, Wednesday, 6:30pm, in a back room, behind the chambers. Open to public.
NoSpam ForMe
1:43 pm on Tuesday, January 17, 2012
I think the comments are more telling that the article. And to be perfectly clear it is not the US 2nd Amendment that is in question. It is Article 1 Section 23 of the MO State Constitution which states, “That the right of every citizen to keep and bear arms in defense of his home, person and property or when lawfully summoned in aid of the civil power. Shall not be questioned”.
It is a slippery slope when a local government starts taking away rights because they think they know better.
John Hoffmann
8:30 pm on Tuesday, January 17, 2012
Clarification: Maryland Heights does allow discharging of BB guns and Pellet guns, however hunting animals in subdivisions is unlawful without a permit and permits are not issued for subdivisions.
Town and Country does not allow possession of BB or Pellet Guns in parks and you cannot discharge one anywhere in a negligent manner...
There is also a Squirrel season in Missouri...which does not allow shooting squirrels year round.
Finally there will be a news article in the St. Louis Post Dispatch on Wednesday reference this topic.
Jesda Gulati
9:20 am on Wednesday, January 18, 2012
A city-wide restriction on firing a BB gun or pellet gun IS de facto prohibition, an infringement on the second amendment. You cannot arbitrarily and personally declare that the second amendment is about one issue and not another. It is the equivalent of trying to say that free speech only applies to printed criticism of the government but not erotic art.
Mr Hoffman, I suggest studying DC vs Heller in depth before opining further.
thomas jefferson
9:25 am on Wednesday, January 18, 2012
wheres your clarification about using bazookas and high grade plastic explosives, Just false images to help make your pathetic argument seem to make it more valid. what a hack you are, I cant believe you think its ok to make this stuff up. Show me how we go from a bb gun story to bazookas and plastic explosives? your a pathetic liberal who doesnt have the facts on your side. and think that just because you cant handle a semi automatic, that no one can, therefore they should be made illegal. what a putz, go back to wearing dresses and going shopping Ms. hoffman and leave those scary bb guns to us real men
thomas jefferson
10:16 am on Wednesday, January 18, 2012
I would rather read a story from anyone of these people that has left a comment, and not from ms. hoffman, he clearly has an agenda even though he tries to hide it. even hoffman knows his reporting is inaccurate and false and has felt the need to comment on his own story with more useless dribble which doesn't strengthen his argument at all. when did town and country come into the story? are they considering a similar bill? when did people start going squirrel hunting in the suburbs? do the parks in town and country get overwhelmed with hunters every squirrel season?... armed with bb guns? and how does anything in your comments on your story, have anything to do with your original story? not one statement has anything to do with what you originally wrote, and yet you seem to think your additional comments to your story are somehow going to validate your first attempt at the story. its just sad that you would rather push your agenda instead of just reporting the facts of the story, studies show most squirrels are working with the taliban, and homeland security policy is that we can only shoot the squirrels after they have shot at us first! this isn't fair because they have bazookas and plastic explosives... and I can only use a bb gun, and if hoffman had his way, it would have to be a single shot bb gun, because bb guns that hold 30 bb's has an unfair advantage of a squirrel armed with only a single shot bazooka, as bazookas don't have 30 round magazines. pathetic
thomas jefferson
10:26 am on Wednesday, January 18, 2012
lets start a poll. who would you want to have in a foxhole with you...john hoffman or a grit eating redneck? I'd pick the grit eating redneck every time !
thomas jefferson
2:15 pm on Wednesday, January 18, 2012
According to jean whitney, hoffmans quotes including high grade explosives, grit eating rednecks, double barrel shot guns, bazookas, 30 rounds in 30 seconds assault rifles and that that 2nd amendment is for shooting british born soldiers and last he checked all the squirrels in question were born in America, Are all just fine examples to bring into a simple story about a bb gun city ordinance. maybe you would like to explain their relevance to us simpletons Jean and how these comments aren't harsh? Now that's just fine journalism there! its too bad most of us are too stoopid to get it. Your academic pedigree doesn't outweigh the strength of my argument, go ahead give it a try.
thomas jefferson
2:42 pm on Wednesday, January 18, 2012
Any responses to the fact Jean believes no one else could possibly be named Thomas Jefferson? I may not be as smart as you Jean, but I do know my own name! by the way Jean, try looking up my name in the st louis & surrounding area phone book. There's more than one, and if you want to go through the list making calls til you get to me I will be happy to talk to you. We can start with the fact that your not smart enough to realize I wasn't the "original" Thomas Jefferson and therefore must be "masquerading" and now will you convince me the other names in the phone book are all masquerading as well? You got us Jean its a big conspiracy and the white pages are in on it. Its much bigger than you think, We're about to have a big giant Thomas Jefferson Revolution.
Jean Whitney
3:13 pm on Wednesday, January 18, 2012
Hoffmann is spelled with two n's.
thomas jefferson
3:12 pm on Wednesday, January 18, 2012
Any responses to the comments from someone masquerading as Jean Whitney?
thomas jefferson
3:38 pm on Wednesday, January 18, 2012
Oh the humanity. How can I recover from a spelling error? Really? did you think we were suddenly talking about someone else? did it confuse you? and is that the only comeback you can come up with? Your easier than most libs when confronted with facts. I bet you're already trying to figure out how to call me a racist now aren't you. Im still waiting for your expertise in how conjuring up images of bazookas and explosives and assault rifles and double barrel shotguns has any relevance what-so-ever to a simple city ordinance vote on BB guns? please explain it so us grit eating rednecks can understand, I'm sure with your academic pedigree, you won't have any trouble
thomas jefferson
3:45 pm on Wednesday, January 18, 2012
and for all we know mr hoffman accidentally hit the n twice and mis-spelled his own name? have you seen his birth certificate? I mean you don't know me but was convinced I was masquerading? how do you know so much about people you have never met?
thomas jefferson
9:05 am on Thursday, January 19, 2012
Thanks Jean it was fun while it lasted... and like most lib's when presented with facts you have run away because you have nothing to back up your arguments. I hope you have learned your not as smart as you think you are.(I know you wont admit to being wrong) I'm waiting if you feel like trying again. I guess you didnt want to call all the Thomas Jefferson's in the phone book, until you reached me, because you didnt call me? Maybe you're just waiting to hear from george soros on how to deal with a conservative who has facts and truth on his side?
Hey Liberals.... We won't lower our standards, so up yours!
thomas jefferson
4:01 pm on Friday, January 20, 2012
"The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first".
thomas jefferson
4:02 pm on Friday, January 20, 2012
"The man who reads nothing at all is better educated than the man who reads nothing but newspapers"
thomas jefferson
8:43 pm on Friday, January 20, 2012
isn't it funny how some believe that the unconstitutional health care law is a right for everyone, and yet our second amendment is not? We have a constitutional process for adding amendments to the constitution, and no its not done with democrats in the back room bribing everyone with our money to "go along". it should have been done the way our constitution is already set up to do. but democrats are incapable of doing it the right way, therefore they had to lie and cheat to get it. It would be fun to see what were to happen if we made seeing a doctor as difficult as it is to get a gun permit in New york or chicago or in DC. its ok when its against legal gun owners but if this was done to them, they would be the first to scream out like little babies saying its unconstitutional, even though their law isn't a right and not in the constitution in the first place
Read your constitution!
thomas jefferson
8:57 pm on Friday, January 20, 2012
would you like to join the conversation Jean? would it be ok with you to put sick people through the same process legal gun owners are forced to go through? taking months and months and hundreds and hundreds of dollars to complete, being fingerprinted having to go through a background screening, having to wait and wait and wait, then having to go through this process every single time you want to see the same doctor. again, even though you haven't moved, still have the same fingerprints as before, never been arrested?... its only ok when your for it, isn't that right jean
NoSpam ForMe
7:32 pm on Sunday, January 22, 2012
The neighbor said in the paper that his house has never been hit with a pellet. No one has ever reported being hit with a pellet either. The fear is based on what "might" happen. You don't pass laws that strip rights on what "might" happen.
Go to www.ThisIsWrong.net and see what you can do to help stop this gross injustice.
thomas jefferson
1:37 am on Monday, January 23, 2012
Way to go NoSpamForMe! Great & informative site. I just got back from it, and have emailed all the council members. I hope this stirs up the silent majority and gets them involved. I am fed up with these people and can no longer stay silent on these matters. and have discovered just how easy it is to defeat these leftie's with facts, logic, and common sense. that seems to silence them pretty quickly and they run away and hide.
Sensible? I think so
5:21 pm on Tuesday, February 7, 2012
Great article. The issue is about safety, not my right to defend myself. There are MANY things I can't legally do because they could be unsafe. There are MANY laws that restrict what I can do on my property based on what "might" happen. That's the cost of living in a civilized society that respects the rights of all individuals. The houses are too close together in Chesterfield to allow discharge of a firearm for controlling rodents.