Guns

Oregon Judge Says He Would 'Eliminate All' Guns

"Dump them in the ocean."

|

No Guns
R / Flickr

An Oregon magistrate had a few choice words when sentencing defendant Marcell Lee Daniel Jr. for the 2014 shooting of a Portland man. Judge Kenneth Walker took several moments during a hearing Wednesday to condemn not just the perpetrator, but also the type of weapon he used to kill his victim.

After briefly conceding that the law allows Americans to own firearms, Walker proceeded to deliver a scathing indictment of gun ownership, according to The Oregonian. "If I could," he said to the courtroom, "I would take all the guns in America, put them on big barges, and dump them in the ocean."

But he didn't really mean that all guns should be eliminated, right? In fact, he quickly qualified his remarks by adding that "no one would have guns—not police, not security. We should eliminate all of them." Oh.

Walker went on to say that the 11,000 homicides and 20,000 suicides that that involve guns in America could be prevented if gun ownership were abolished, noting that in Australia, where authorities "rounded up all the guns … they don't have nearly the death that we do here in this country."

Similar arguments in favor of gun control have been advanced before, and Reason has responded to them here, here, and here.

The judge wasn't simply interested in pointing out the negative effects of guns on society, however. Instead, he denied there was any possible rationale for owning firearms, period. "There's no defense to guns." he said. "There is no reason to have them."

Walker is certainly entitled to his opinion; the First Amendment guarantees the individual right to freedom of speech, after all. Of course, the Second Amendment protects the individual right to gun ownership.

As a judge tasked with upholding the Constitution, it seems ill-advised to openly call for the elimination of rights protected by the Constitution while acting in his official capacity. It's hard not to wonder how Walker would react if people started calling for the elimination of the Sixth Amendment—you know, the one ensuring people's right to a trial by jury.

NEXT: Will Elon Musk Launch for Mars off the Backs of Taxpayers?

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  1. The judge wasn’t simply interested in pointing out the negative effects of guns on society, however. Instead, he denied there was any possible rationale for owning firearms, period. “There’s no defense to guns.” he said. “There is no reason to have them.”

    And if a Top. Man. can’t think of a reason, what valid reason could there possibly be?

    1. “Listen, Homer, guns are for protecting your family, killing dangerous or delicious animals, and keeping the King of England outta your face.”

    2. Isn’t it awesome that this judge is saying this while he has armed guards all around? You can’t even get into a court building without getting a full anal exam at the entrance.

      *sigh*.

      1. Not just armed guards, but bootlicking toadies like Preet “Peak” Retard to use their offices to threaten private citizens who would challenge the “wisdom” of the judiciary.

        1. Suggest that a turd sandwich would be better off fed shitfirst into a woodchipper = potential crime
          Government official openly advocating stripping citizens of their rights, specifically self defense & the enumerating right to bear arms, in violation of his sworn oath = a-ok

          Fuck you Preet. Do the world a favor and commit seppuku, except that you have no personal honor.

  2. Such men long for a return to the time when the strong preyed on the weak, when women had no chance to defend themselves from drunken husbands, when small nerdy men had their D&D games broken up by strong handsome jocks.

    God made men, but Sam Colt made men equal.

    1. What if Vin Diesel is part of your D&D game? Are you protected then, or is it still ‘keep what you kill’?

      1. Up until Dwayne Johnson comes around to give him a wedgie.

        1. Dwayne Johnson wouldn’t give Vin a wedgie. He would lay the smackdown on Vin Diesel’s roody po o candy ass.

  3. Will any prominent Democrats at the state or National level denounce him?

    They all proclaim they only want ‘common sense’ gun control.

    Not confiscation.

    1. Every few years one or more of them breaks cover and say something like this Judge did. And then, when they gage the reaction and scramble back to their ‘we don’t want to take ALL your guns’ position, they wonder why we don’t believe them.

    2. It’s not even that, he advocated taking away firearms from the public sector unions. That’s a no-go.

      1. So he’s insane, but in an honest way.

  4. “I would take all the guns in America, put them on big barges, and dump them in the ocean.”

    And you know the judge’s full meaning includes the police and the military.

    1. But he didn’t really mean that all guns should be eliminated, right? In fact, he quickly qualified his remarks by adding that “no one would have guns?not police, not security. We should eliminate all of them.” Oh.

      Oh indeed, teach me to post first and read second.

      1. Nah, ain’t no teachin goin’ on ’round these parts. Jes’ folks talkin’.

      2. REEDING IZ 4 FAGZ.

        1. Then I pledge to be as gay as I can until the next blogpost when I forget.

  5. The judge wasn’t simply interested in pointing out the negative effects of guns on society, however. Instead, he denied there was any possible rationale for owning firearms, period. “There’s no defense to guns.” he said. “There is no reason to have them.”

    He is. I have total respect for pacifists. Someone comes at you wielding an axe, you sit there and take it. It’s just not my way of looking at the world.

  6. “…Walker is certainly entitled to his opinion; the First Amendment guarantees the individual right to freedom of speech, after all….”

    There’s no reason for free speech if it doesn’t allow stupid and/or offensive speech. I’d say he’s got ’em both covered here.

    1. I would also eliminate voting, the most violent act of all, but I’m guessing that’s a non-starter as well.

  7. “If I could,” he said to the courtroom, “I would take all the guns in America, put them on big barges, and dump them in the ocean.”

    But you can’t. So swallow your own vomit and go fuck yourself.

  8. All the guns in America, he says. Not all the guns in the world, just the ones here. Judge wants us to dump all our guns in the ocean and then the Canadians can march right in and take us over with a hockey stick with a nail in it or something? I don’t think so, friend.

    1. Must we be a punchline for every single one of your paranoid scenarios?

      We’re like ninjas with the hockey sticks.

      1. With curling brooms of mass destruction.

      2. Our guns are the only thing holding back the tsunami of poutine.

    2. See, you assume that the plan is active invasion, and not gradual infiltration and a secret takeover.

      Ted Cruz may have failed this time, but we’re working on more Calgarian Candidates.

      1. Is that anything like a Calcutta Clipper?
        (RIP Denny Green)

    3. I don’t think so, friend.

      You’re not friend, buddy.

      1. *my* friend.

        God dammit

    4. Some may laugh at the thought of a Canadian invasion; I do not. Buster Brown is a Canadian hero.

  9. they don’t have nearly the death that we do here in this country.

    They’re invincible!

    1. Oddly, they didn’t have nearly the death that we do even before the confiscation.

    2. I would argue that the death rate in every country is the same, 100%.

  10. Judge Kenneth Walker wants to pollute our oceans?

  11. And who the hell is Christian Britschgi?

    Another Reason interloper and short-timer?

    1. I have not adhered to the commentariat tradition of sending the intern distasteful nudes, but you have just inspired me to do just that. Thank you.

      1. Your comment suggests, good sir, that there are ‘tasteful nudes’ of your anatomy to be had?

        1. Everything is more tasteful when it’s black-and-white.

          1. The fact that they’re grainy photocopies of your junk taken while you squat over a scanner kind of takes away from any tastefulness it might have had, though.

          2. Everything is more tasteful when it’s black-and-white.

            Ah, the Mapplethorpe Effect.

            That could also be, “Ah! The Mapplethorpe Effect!”

            1. But honestly, can you find me a more tasteful picture of some dude’s dick hanging out? (That’s more rhetorical than a request, btw)

              1. +1 bullwhip insertion

  12. So, I wonder if he feels the same way about bows and crossbows. I mean, if, in a hypothetical situation, he were attacked by someone wielding a bow and arrows, would he change his mind?

    What if someone, hypothetically, came after him with a katana, or even a good sized Bowie knife?

    /I am NOT advocating for the commission of these hypothetical situations

    1. I like the idea of acquiring and training an assault platypus so that I can point to the lack of common sense platypus control in Australia as a plausible defense.

      1. But only male ones.

        Females lack the venomous spurs and are thus not very dangerous.

        1. Your knowledge of platypus physiology is . . . disturbing.

          1. Oh, everyone knows that. There are only so many venomous mammals in the world.

            1. And how many of them are in Australia?

    2. I’m sure the judge is well-protected by a large sign on the courthouse door announcing that weapons are not allowed in the courtroom so that’s a pretty absurd hypothetical.

      1. that edict being enforced by men with guns. This judge is not rational.

    3. Now suppose for a moment that someone came at this judge with a woodchipper…

  13. It’s hard not to wonder how Walker would react if people started calling for the elimination of the Sixth Amendment?you know, the one ensuring people’s right to a trial by jury.

    I’m pretty sure this judge thinks eliminating juries is as wonderful as eliminating guns. But don’t most judges?

  14. One problem though, what are cops going to use when they roll out of a car and kill kids playing with toy guns?

    1. Toy guns go in the drink too, dingus. Cops are just going to have to permanently injure a kid with weighted leather sap, just like in the old days.

      1. Fuck that! Sounds like work.

        I expect dash cams and breaks to stop working, an uptick in suspects throwing themselves in front of officer’s vehicles, and nothing else happening.

  15. “If I could,” he said to the courtroom, “I would take all the guns in America, put them on big barges, and dump them in the ocean.”

    Oh, no. If only there was some way to prevent you. If only we had some kind of tool that prevented loud-mouthed busybody assholes from taking your stuff.

  16. Dump guns in the ocean?

    Does this Portland hippie judge also think it would be a great day when the schools have all the money they need and the air force has to hold a bake sale to build a bomber?

    1. Can’t they share the bomber?

  17. “Walker is certainly entitled to his opinion; the First Amendment guarantees the individual right to freedom of speech, after all. Of course, the Second Amendment protects the individual right to gun ownership.”

    There is also an individual 5th Amendment right not to have your private property taken without compensation.

    Grabbing everyone’s guns and dumping them in the ocean would violate that right as well.

    1. Well, if they didn’t get paid for them, yes.

      1. “Hey, bub, here’s a nickel. Gimme that gun, or else.”

        1. Said the unarmed man to the man whose gun he was trying to get

  18. “If I could,” he said to the courtroom, “I would take all the guns in America, put them on big barges, and dump them in the ocean.”

    At least that’s kind of admitting that gun control is wishful thinking.

    1. No. That’s Penn Jillette, noted libertarian entertainer.

    2. He looks a little like a black Penn Jilette.

        1. his family moved to nearby Compton when he was six months old. His parents were from Mississippi. They had moved to California to raise their children in an environment that would offer more opportunity for African-Americans than was possible in the Deep South .

  19. The judge’s other adventures

    “A drunk Luis Enrique Rico shoved the man after yelling racially and religiously charged insults at the Middle-Eastern man, according to Oregon Live….

    “Walker sentences Rico to 30 days in jail and asked him to promise to read “The Culture of Fear: Why Americans Are Afraid of the Wrong Things,” a book about exaggerated fears from road rage to terrorism.”

    1. “a book about exaggerated fears”

      I detect a whiff of irony in the air.

      1. Smells oddly like horseshit spouted by smug progtards who lack any trace of self awareness.

    2. Judge Teaches incredible lesson of tolerance to prejudiced man.

      “Judge jerks himself off in courtroom” is more like it.

      1. “Judge jerks himself off in courtroom” is more like it.

        It would seem he looks up to Oklahoma judges.

  20. “no one would have guns?not police, not security. We should eliminate all of them.”

    Points for consistency, at least.

    Batfeces insane, but consistent.

  21. Ahh, a country without guns…so I can finally carry around a claymore mine for personal protection!

  22. “Of course, the Second Amendment protects the individual right to gun ownership.”

    Which other wholesale legal inventions of the supreme court do you endorse?

    1. Just for fun sock, please tell us how that is a legal invention of the SC.

      1. By the way, I am not being insulting by noting that you are a sock, just noting. You provide a valuable service to what would otherwise be a pretty one sided discussion by inspiring me to post this:

        Founding Fathers state explicitly what the meaning and purpose of the second amendment is –

        “A free people ought not only to be armed, but disciplined…”
        – George Washington, First Annual Address, to both House of Congress, January 8, 1790

        “No free man shall ever be debarred the use of arms.”
        – Thomas Jefferson, Virginia Constitution, Draft 1, 1776

        “What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.”
        – Thomas Jefferson, letter to James Madison, December 20, 1787

        “The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.”
        – Thomas Jefferson, letter to to John Cartwright, 5 June 1824

        “I ask who are the militia? They consist now of the whole people, except a few public officers.”
        – George Mason, Address to the Virginia Ratifying Convention, June 4, 1788

        1. “A militia when properly formed are in fact the people themselves?and include, according to the past and general usuage of the states, all men capable of bearing arms? “To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.”
          – Richard Henry Lee, Federal Farmer No. 18, January 25, 1788

          The great object is that every man be armed. Everyone who is able might have a gun.”
          – Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778

          “The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms.”
          – Samuel Adams, Massachusetts Ratifying Convention, 1788

        2. If you want to know what motivates progs to desire gun control then let George Mason, co-author of the second amendment spell it out for you:

          “I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them.”
          George Mason
          Co-author of the Second Amendment
          during Virginia’s Convention to Ratify the Constitution, 1788

        3. “The people are not to be disarmed of their weapons. They are left in full posession of them.”
          Zachariah Johnson
          Elliot’s Debates, vol. 3 “The Debates in the Several State Conventions on the Adoption of the Federal Constitution.”

          “Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops.”
          – Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787

          “Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined…. The great object is that every man be armed. Everyone who is able might have a gun.”
          – Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778

          “No free man shall ever be debarred the use of arms.”
          – Thomas Jefferson, Virginia Constitution, Draft 1, 1776

        4. Finally, my favorite –

          “Those who hammer their guns into plowshares will plow for those who do not.”
          Thomas Jefferson
          Third President of the United States

          1. Don’t bother. He’s immune to facts. He still insists “climate change” is a smear tactic invented by Republicans in the 2000s even though the IPCC was formed and named as such in the 1980s.

          2. I’m sorry, Suthen. Your meticulous research and notations are just no match for Tony’s feelings.

          3. Those who hammer their guns into plowshares will plow for those who do not

            Unfortunately, that one is spurious. Considering Jefferson did say that “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants” you are probably not misattributing sentiment to the man, but the exact quote here is falsely attributed.

    2. Which other wholesale legal inventions of the supreme court do you endorse?

      You’re right, the 2A doesn’t protect the right to keep and bear arms. The people who wrote it no doubt only meant for it to remind the government of the time that, if it failed to respect that right, they would disband it and form another one.

      Sadly, those people died and people like you were born instead.

  23. *fires up woodchipper*

    It’s hard not to wonder how Walker would react if people started calling for the elimination of the Sixth Amendment?you know, the one ensuring people’s right to a trial by jury.

    He’d probably be fine with that because then judges like himself would get to be judge, jury, and possibly executioner, and he’d get shout stuff like “I AM THE LAW!” when handing down sentences.

  24. Further adventures of a Portland judge, from 2012

    “…the question posed to a judge during a two-day trial this week was this: Is it a crime to tie a dog to a car, forget about it, then drive off?…

    “The dog’s toenails were ripped off and his paws bloodied before the car’s occupants realized their terrible mistake….

    “Lisa Pardini, [one of the] defense attorney[s], argued that even people in prominent positions of power sometimes make bad decisions, such as Mitt Romney.

    “”Our presidential candidate tied up a dog and drove off with him for quite a while,” Pardini said.

    “To that, Multnomah County Circuit Judge Kenneth Walker said: “I would have probably found him guilty for that.”

    “But the judge said this situation was different.

    “”This case is one of those that is really, really close,” Walker said.

    “He said the men were negligent, but he had reasonable doubt that the men were reckless. So he found them not guilty.”

  25. “There’s no defense to guns.” he said. “There is no reason to have them.”

    Defense *would* be the reason to have guns, buddy. If not guns, then the technology immediately following guns in effectiveness will be adopted — steel plate armor and a lance, if I’m remembering my history correctly. And if I recall, that time wasn’t so pretty and fair for all involved.

  26. “If I could,” he said to the courtroom, “I would take all the guns in America, put them on big barges, and dump them in the ocean.”

    “Hand guns are made for killin’
    They ain’t no good for nothin’ else
    And if you like to drink your whiskey
    You might even shoot yourself
    So why don’t we dump ’em people
    To the bottom of the sea
    Before some ol’ fool come around here
    Wanna shoot either you or me”

    It’s hard for people to imagine hippie rednecks like Skynyrd, Charlie Daniels, Willie Nelson, David Allan Coe, et. al. anymore.

    I don’t know if that perspective can’t exist anymore or if it’s that . . .

    It’s almost like the rednecks of all those years ago turned into progressives–just like the boomers, really. They don’t dress or talk like urban cowboys anymore, but that kind of left wing, long haired, hillbilly populism was a lot like Hillary Clinton today. It’s just the aesthetics that seemed to change. Looking like a long haired hillbilly isn’t as cool as it used to be.

  27. “no one would have guns?not police, not security. We should eliminate all of them.”

    The judge wasn’t simply interested in pointing out the negative effects of guns on society, however. Instead, he denied there was any possible rationale for owning firearms, period. “There’s no defense to guns.” he said. “There is no reason to have them.”

    I don’t think this idiot would like the world he would create very much. We have seen it before. A world ruled by pure brute force where the strong enslave the weak.

    Those 20K deaths per year would be 2M in no time.

    1. I don’t think this idiot would like the world he would create very much.

      Maybe the judge plans on learning kung fu or something if his wet dream ever does come true.

  28. Meh. I am not offended by someone wishing all the guns would just disappear. Including those of the government.

    Government would have less power as a result. So as a hypothetical… Meh.

  29. Here’s the problem:
    To serve on the circuit court, a judge must be:
    a U.S. citizen;
    a state resident for at least three years;
    a resident of his or her circuit for at least one year;
    a state bar member; and.
    under the age of 75.
    The Oregon judges have to be lawyers. It has long been evident that law schools do not spend a whole lot of time on the constitution.

    1. socialists targeted education in the early 1900’s;
      they’ve been working at it a long time,have been wildly successful at gaining control of it,and now we’re seeing the effects of that,all across our society.
      Legislators, JUDGES, doctors, scientists, MEDIA, teachers,etc,all a product of a socialist education system. All indoctrinated in socialism,and applying it in their everyday lives.
      Never forget that the socialists have a dominance at nearly every university,and at most every public grade school.
      socialist indoctrination begins at an early age and continues throughout high school and college.
      THAT is what is really hurting America,and I’m not so sure we can overcome it,it may already be too late. it took a long time for the commies to become entrenched in education,and it will take a long time to weed them out,if it can be done at all. America,IMO,does not have that much time left,not enough to do what needs to be done.

  30. Christian Britschgi

    Do interns get nicknames, or do we pretend not to notice them, like the green privates in ‘Nam who were surely to be the first killed on the next patrol…

  31. that judge must be removed from office ASAP.
    he is incapable of ruling fairly. He no longer is rational.
    he completely overlooks the positive side of gun ownership,the means for self-defense when police are not around.
    Even the judge relies on armed police to enforce his edicts and provide him protection.

  32. Guessing this has been said but i would eliminate all of the judges the same way.

  33. Constitutional attorney Stewart Rhodes will explain The Second Amendment for you.

    …”The whole point of the Second Amendment is to preserve the military capacity of the American people – to preserve the ability of the people, who are the militia, to provide for their own security as individuals, as neighborhoods, towns, counties, and states, during any emergency, man-made or natural; to preserve the military capacity of the American people to resist tyranny and violations of their rights by oath breakers within government; and to preserve the military capacity of the people to defend the Constitution against all enemies, both foreign and domestic, including those oath breaking domestic enemies within government. ”

    If you disagree with or don’t like this,you live in the wrong country. you need to move somewhere else.
    This is a basic tenet of America. a core concept.

    1. When not engaged in special pleading for why the 2A shouldn’t be applied as written (“but times have changed!”, “it doesn’t work in cities!”), the gun-grabber go-to “answer” is that the 2A was meant to ensure the government could always have guns. Because that totally makes sense, somehow. The people who fought with rallying cries like “give me liberty or give me death”, “sic semper tyrannis”, and “all men are created equal” were most concerned with making sure the government could always have a monopoly on access to guns.

      1. I feel like I have to constantly point out that the second amendment was placed in mortal danger the very instant we got a standing army, and the government no longer saw an armed public as a necessity for maintaining its sovereignty against foreign powers. Pro-military right wingers are as much a threat to the second amendment as gun-grabbing leftists.

        1. The same could be said of the institutionalization of policing. The Peelian principles identify professional police officers as simply citizens paid to do what every citizen has the right and duty to do himself, full time. Yet most people see cops as the sole authorities of policing and law enforcement nowadays.

  34. But he didn’t really mean that all guns should be eliminated, right? In fact, he quickly qualified his remarks by adding that “no one would have guns?not police, not security. We should eliminate all of them.” Oh.

    Makes sense. The ancient world didn’t have guns, and look how peaceful it was.

  35. Without guns, how would we shoot stuff?

  36. “If I could,” he said to the courtroom, “I would take all the guns in America, put them on big barges, and dump them in the ocean.”

    Haha! What a dumbass. Barges float!

  37. Merrick Garland, you’re no longer needed; we’ve found a replacement.

  38. I like to trot this essay out to help leftists imagine fully their Utopia; “A World Without Guns,” by Dave Kopel.

    http://www.davekopel.com/NRO/2…..t-Guns.htm

  39. “…and dump them in the ocean.”

    “BOW TO YOUR NEW FISH OVERLORDS!” he continued.

  40. Judge Walker, Jesus Christ himself couldn’t get rid of all the guns. And you’re no Jesus.

  41. I wonder what he thinks of Jury Nullification. And as far as the Constitution it has effectively been dead for the last 150+ years. It is a nice catch phrase I admit. Sort of like the President and other idiot politicians always saying this is the greatest Democarcy on earth when this country is a Republic. In fact I really would like someone to name one country that is a pure democracy. Seems to me there is not much hope for a country when it’s leaders don’t know what kind of government they have.

  42. “An Oregon Magistrate”

    An opinionated lower level court judge from Portlandia. Who the hell cares what he thinks?

  43. If you are one that believes the Supreme Court is the final arbiter of what is lawful and constitutional, then you have believed a lie and a myth that Jefferson warned about. The States still retain their rights to this day to defy the federal judiciary, which has become an oligarcy. We just need strong statesmen as governors and legislatures to make that stand!

    In writing to William Jarvis, Jefferson said, “You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”

    The germ of dissolution of our federal government is in the constitution of the federal Judiciary; an irresponsible body (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped.”

Please to post comments

Comments are closed.