Bang, Bang, Your Gun Ban Is Dead
Sunday, March 11, 2007 at 04:45PM The Federal Appeals Court for DC overturned a gun ban in effect there since the mid 70's.
And they did it under the individual rights provision of the Second Amendment just like gun owners and real constitutional scholars have been contending for years was the intent of that amendment. Sweet! And about time. All the mantra from the left about only organized militias having second amendment rights is falling on deaf ears in the courts as well as the public.
Now, anti-civil rights groups can challenge this decision to the US Supreme Court and find out what the new majority thinks there. Good luck spending your Bradey and Soros money on a lost cause. Go for it!
But how will this decision effect the next presidential election? It looks like it could trim some of the uneasiness from the Second Amendment voters. You know, about half the male population of your non-public employee unions and a growing number of women.
Two of the “top three” Republican candidates, Guliani and Mitt Romney, have very shaky history with Second Amendment rights. Could this lighten their load with the gun vote?
This decision could expose what damage to the Constitution a left-wing president Clinton would do to the US Supreme given the slightest opportunity to appoint a left-wing activist. That should spur any gun owning Democrats leaning towards Clinton to wake up.
Want proof that this court decision could be even more of a loser for Clinton?
Has she even mentioned banning gun ownership or mandatory registration while out on her listening tour? I would argue she is “gun shy” of the gun issue. Or she could come out and condemn it. Not likely.
Right now, from a conservative perspective, protecting the country from terrorism is a big plus for Guliani with some conservatives who are willing to look the other way on some social issues because he would not abandon our country to Islamic extremists like Clinton surly would - if her hubby is any example of what havoc she would wreak.
Second Amendment issues are the number one issue with a sizable group of reliable voters. I do know that from belonging to several Second Amendment organizations over the years. The politics of individuals in those groups varies more than you would ever guess.
During the Republican Primary every “lower tier candidate” is way better than the top three regarding gun rights, considering McCain is a “maverick” who one never knows what compromise might look good to him after an election. As in McCain/Feingold.
Watching where gun owner voters go in the primary could prove interesting.
Reader Comments (19)
The Public hearing for this bad piece of legislation is
Thursday, March 15 at 9:00 a.m. in State House Room 103.
This is just one of many consequences (along with more taxes and a bigger nanny-state) that those who voted for the Dems in last years elections probably didn't consider. Its no wonder why the Dems will do their best to make sure that the only thing that voters in 2008 will think about is the war.
I'm not even a Republican and I'm scared.
[Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
Seems to me that "All persons" is fairly clear so changing a law "may issue" wouldn't cut it.
By the way is it just me or does it seem more state democrats then state republicans act is if they've never read the NH constitution?
Lets hope that this bill doesn't even make it out of committee.
[Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.
Do ex-convicts have the absolute and unencumbered right to keep and bear arms here in NH? It's an honest question - I do not know the answer.
If the answer is "yes, without exception", then the argument made by R Barnes may have weight only in that the State has never succeeded in managing around that language from our Constitution.
If the answer is 'no, not absolutely', then the State must have already managed to leverage the "may issue" rationale whenever it crafted whatever restrictions might be in place for ex-offenders.
Hope that helps
It will be interesting to see what happens though on the national level in that regards though because the case Gillespie v. City of Indianapolis which is one of the more notable cases where the courts have ruled (incorrectly mind you) criminals cannot own guns said 2nd amendment rights belong "not to the individual but to the people collectively, its reach extending so far as is necessary to protect their common interest in protection by a militia." This latest DC ruling has essentially tossed out that notion.
The reason I pointed out that they ruled incorrectly is that the reason national constitutional rights can be stripped upon conviction is due to the 5th amendment. "nor be deprived of life, liberty, or property, without due process of law;"
Art 15 of the NH Constitution has similar such language.
Also, when people tell you that the 2nd Amendment is a "collective" right, just remember that rights, by definition, belong to individuals and NOT groups. Why would every other part of the Bill of Rights deal with individual rights and not the 2nd Amendment?
All rights are individual rights you are "Endowed by your Creator" with, to borrow a phrase.
So when will we see Hillary in a camo Yankee hat saying she has always been a hunter?
You are absolutely right about rights. "Collective rights" thinking presents a serious threat to our social order... a bigger threat than any arsenal I've seen, anyway.
MAD MAX
My point is that it was never a case of "collective rights" at all. That was a bold faced lie from the start.
Just because a lawyer or special interest group SAYS some thing does not give it credibility.
The people who make assertions like an individual right is a "collective" right are stealing from you, not making an argument at all.
We may come to a new age of common sense if we stay this course.
Yes 1,625
No 1,670
We will probably give up with a landslide like that.
And the Town Council will take it as an endorsement for more borrowing. I hope. As you do.
I have to thank, as do all taxpayers in Derry, the TEACHERS UNION for their support of no vote on budgets by taxpayers.
And may they all rememeber the heroic efforts the teachers put into bankrupting Derry's fixed income citizens.
I was testifying for Right to Work in Legislator's Hall and missed the SB44 hearing.
It looks like the moonbats didn't have the stomach to try to pass anti-second amendment legislation with this new supermajority of Democrats.
The casino bill died as well.
The quiet revolution continues while the moonbat warrant articles get the press.
Fine with me.