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Gun Law News

I present for your consideration Sportsmen for Obama? The next presidential election will be especially important in case the Democrats retain control of the House and Senate.

 
Parker and the Supreme Court PDF Print E-mail
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Friday, 08 December 2006

SayUncle and The View From North Central Idaho have been debating the merits and risks of getting the Parker case to the Supreme Court. On one hand, we have the opportunity to get a court ruling that the Second Amendment protects an individual right. On the other hand, they could rule against our right based upon a militia reading. The third option is that the Supremes refuse to hear the case.

I am no Constitutional scholar. I am not even a lawyer. But I find three reasons for a right to keep and bear arms. They are:

  1. the source of gun experienced people to defend the country,
  2. a government fear of an armed citizenry,
  3. the right of individuals to defend themselves against criminals.

These three functions do not form a tripod where the failure of one reason leads to the failure of all. They stand independently and equally strong to support a right to individual firearms ownership.

If the Supreme Court were to go with a militia ruling on the Second Amendment, it may cause the failure of the first two reasons. But the Ninth Amendment should uphold a right to self defense and therefore an individual right to arms.

Ultimately, I defer to The Second Amendment in the Supreme Court: Where It's Been and Where It's Going by Stephen P. Halbrook.

I just hope Halbrook is right. If the Supremes rule no right to bear arms, this country is in alot more trouble than I can imagine. The Supremes will no longer consider the Constitution to be the supreme law of the land.

And if you read Traction Control's blog about his daugher and 'lists', I suspect this post may get me onto a list, if I am not already there.

If you think number one above do not have applicability to modern society, consider:

  • The Japanese were reluctant to invade mainland U.S. for fear of the number of citizens with firearms.
  • The British government was unable to arm an internal security force because of their own gun control laws and 'borrowed' firearms from US citizens.
  • The best gunners on B-17s, etc., were those who shot skeet and trap before joining the military.

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