Category Archives: Second Amendment

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Second Amendment champions check out stylish options at concealed carry fashion show - Akron Beacon Journal

When Justice Antonin Scalia passed away suddenly last year, the Supreme Court lost its premier conservative voice and defender of the Second Amendment.

Justice Scalia was a champion of individual freedoms, and adhered to a strong originalistphilosophy of interpreting the Constitution. With little room for the personal politics that many judges try to inject into court rulings, Scalia relied on the text of the document to decide cases.

After eight years of anti-gun policies from the Obama Administration an open seat on the Court is a welcome opportunity to return to the principles of the Constitution.

That is also why its good news President Trump chose Neil Gorsuch, a current federal appellate judge on the United States Court of Appeals for the Tenth Circuit, as his nominee for the U.S. Supreme Court. Gorsuch is someone who can fill this critical void left by Justice Scalia.

Gorsuch has also followed an originalist interpretation of the Constitution during his legal career, having been appointed to the 10th Circuit Court of Appeals by President George W. Bush, and before that, serving in the Department of Justice.

A firm belief in adhering to the freedoms spelled out in the Constitution by our Founding Fathers has given Judge Gorsuch a steady hand, and made him a popular and approachable member of the 10th Circuit. Though he has only ruled on a few Second Amendment related cases, Gorsuch has proved himself to be a defender of gun rights.

He made his stance very clear when he wrote in one legal opinion that "the Second Amendment protects an individuals right to own firearms and may not be infringed lightly."

With the current Court almost deadlocked on gun issues, any potential cases that come before the Supreme Court this year could have a make-or-break impact on Second Amendment rights in this country. If the Court decides to hear any gun related cases this year, it is critical that there be a majority of justices on the bench who believe in the Constitutional right to bear arms.

One potential case that could come before the Supreme Court this year challenges an individuals right to carry a gun for self-defense, and requiring them to prove to the government that they have a legitimate reason for doing so.

In 2014, Peruta v. California was decided by three judges on the 9th Circuit, who ruled that San Diego Countys policy of a gun owner needing a documented "good cause" in order to obtain a concealed carry permit was in violation of the Second Amendment.

However, the victory for the Constitution was short-lived, and the ruling was appealed. All 11 judges on the 9th Circuit were called in to rehear the case, and the ruling was overturned in 2016. The California Rifle and Pistol Association has petitioned the Supreme Court to review this case, and if their request is granted, Gorsuch will be a crucial vote. No citizen should need a government approved "reason" to carry a firearm it is already expressly stated in the Constitution.

An appeal has also been filed to ask the Supreme Court to hear a challenge to District of Columbia v. Heller, which in 2008 affirmed that it is a constitutional right to keep a gun in the home for self-defense. Justice Scalia wrote the opinion for that case, which was decided in a close 5-4 decision.

If the case is accepted by the Court, the justices will be asked to rule on a persons right to carry a gun outside their home for self-defense. With the decision in Heller being so close, it is critical that the Second Amendment have another advocate on the Court.

After eight years of anti-gun policies from the Obama administration, which sought to chip away at the right to bear arms, an open seat on the Court is a welcome opportunity to return to the principles of the Constitution. Instead of special interests and judges who attempt to shape public policy through court cases, Gorsuchs originalist and textualist viewpoint provides clear guidance uninfluenced by politics.

In the statement he gave following the announcement of his nomination, Gorsuch said, "Standing here, in a house of history, and acutely aware of my own imperfections, I pledge that if I am confirmed, I will do all my powers permit to be a faithful servant to the Constitution and laws of this great country."

With all of the potential challenges to the Constitution in the coming years, Gorsuch provides a foothold on what could be a rocky path.

Tim Schmidt is the president and founder of the U.S. Concealed Carry Association,and may be contacted at Press@USCCA.com.

Excerpt from:
Gorsuch Could Save the Second Amendment | LifeZette - LifeZette

Campus carry legislation is back, with several bills up for consideration in the House Public Safety & Homeland Security Committee this week.

Gov. Nathan Deal vetoed a measure last year that would have allowed guns on college campuses, but state Rep. Eddie Lumsden, R-Rome, said he expects these to be more acceptable.

These are some modified bills, after having conversations with the governor, he said.

Lumsden, a retired Georgia State patrol trooper, sits on the committee that will consider House Bill 280 today. He quoted the Second Amendment in explaining his support of campus carry rights.

And a lot of urban campuses are very porous, so to speak,, he added. Just because you have a gun-free zone doesnt mean its gun-free.

HB 280 would allow people with permits to carry concealed firearms on all property owned or leased by a public institution of post-secondary education. The only exemptions would be at sports facilities, student housing to include fraternity and sorority houses and on-campus preschools.

An omnibus gun permit measure, HB 292, also is on the committees agenda. It contains a number of additions and revisions to the state law, including applications for airports, schools and courthouses. Other provisions address legalities for newcomers with permits from other states and people who have been involuntarily committed.

A subcommittee Lumsden sits on also will hold hearings on two gun bills today. HB 406 deals with reciprocal permit agreements between states. HB 232, requiring gun safety training to renew a permit, appears problematic to Lumsden.

Most conservatives dont believe its wise of government to require training because this is a right, not a privilege, he said. We all believe it would be a good thing, if youre going to carry a weapon, you be trained in its use. But this gets into constitutional questions.

The Georgia General Assembly officially reconvenes Tuesday for the 21st day of its 40-day session, which is slated to run through March 31.

Lumsdens election cleanup bill, HB 42, has already passed the House and is expected to come up for a full Senate vote Wednesday. It allows elections supervisors to correct mistakes on a ballot and lets communities use federal, rather than state, run-off dates to save money on elections.

Im told the lieutenant governor wants it to move. There are applications for some upcoming run-off elections, Lumsden said.

There are 18 candidates in an April 18 special election for the 6th Congressional District, vacated when Tom Price was tapped as President Donald Trumps secretary of health and human services.

Additionally, qualifying opens Wednesday for the election to replace state Sen. Judson Hill, R-Marietta, who is among those seeking Prices seat.

Lumsden also has two insurance housekeeping bills slated to move this week. HB 174 updates the law to acknowledge claims may be paid by check or other modern methods.

Right now, it uses legal tender, which means cash money, he said. Ive never seen a claim settled with cash.

HB 262 adds stand-alone dental insurance plans to the list of insurers that may use online, rather than printed, provider directories.

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Rep. Eddie Lumsden says Second Amendment rights should not be treated as privileges - Rome News-Tribune

FRANKFORT, Ky. (WKYT) - Governor Matt Bevin has joined in filing an amicus brief over a California Second Amendment case.

The governor's office announced on Monday that Governor Bevin has joined 25 other states in the brief over Peruta v. San Diego County. The second amendment case is challenging if a California law restricting citizens' rights to carry handguns outside their homes for self-defense is constitutional.

An amicus brief is a legal document filed in court cases by non-litigants with a strong interest in the subject matter.

The 26 states in the brief say that, when it comes to regulating gun rights, California thinks that the State can do things that would be unthinkable in other areas of constitutional law.

The other states included in the brief are Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin and Wyoming.

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Governor Bevin joins amicus brief over California Second ... - WKYT - WKYT

Posted: Feb. 20, 2017 1:14 pm

Editor:

I read with some skepticism the Feb. 10 New Jersey Herald story about two young neophytes seeking to challenge incumbent Assemblyman Parker Space and his announced running mate, Hal Wirths, in the June Republican primary.

Of particular interest was the claim that Assemblyman Space is not fighting for Second Amendment rights -- an allegation I know firsthand to be incorrect.

As executive director of New Jersey's official state rifle and pistol association, I can state unequivocally that Assemblyman Space is one of the Garden State's true Second Amendment champions. Not only has he has consistently and reliably opposed every piece of gun control and anti-hunting legislation to cross his desk, but he has also sponsored major pro-gun initiatives including right-to-carry.

Anyone can pay lip service to the Second Amendment, but few can back that up with a proven record of action like Assemblyman Space.

To be sure, there are incumbents who should be challenged in the primaries on Second Amendment grounds, but Assemblyman Space is not one of them.

Scott L. Bach

Executive Director, Association of New Jersey Rifle & Pistol Clubs

Newfoundland

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Space a champion of 2nd Amendment - New Jersey Herald

Senator Marco Rubios resurrectedSecond Amendment Enforcement Actwill ensure that law-abiding citizens in Washington, D.C. can exercise their Second Amendment right to carry a firearm, should it pass.

Emotionally charged anti-gunners are doing their best to keep the current stringent D.C. gun laws in place. Unfortunately, they dont understand that federal laws, already in place, are more than sufficient to keep firearms out of the hands of criminals.

It is essential for all to remember that criminals, by the very definition of the word, are law breakers. Boundaries are disregarded, and they act upon their own volition; without concern of consequence. Law-abiding citizens are consistently punished by having their rights infringed upon with layers and layers of laws that are in place to detour the criminal. The oxymoron here is that law-abiding citizens will obey the laws, and criminals wont.

How will enacting layers of laws over and above federal laws change the demeanor of someone who disregards the law, because they act with moral turpitude? Simply put, it wont.

Anti-gunners with their flair for the dramatic and with no foundationin fact spread misinformation. For those of us who know and understand the laws, it is nothing less than frustrating. For those of you who dont, become familiar with federal, state, and your local guns laws. Put them in context of criminal behavior.

Allowing D.C.s excessive gun laws to stand as is only benefits criminals. They already know that they likely wontface life threatening resistance when committing a crime.

The Second Amendment Enforcement Act will put guns in the hands of the good guys. So, when the criminals hear their targetsmay be armed in order to protect themselves, it could be the game-changer that helps to deter crime in D.C.

Author's Bio: Pamela Jablonski

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Rubio and his Resurrection of The Second Amendment Enforcement Act - Bearing Arms

Enlargephoto

Associated Press Some of the handguns with 15-round magazines that were banned in 2013 in Colorado.

DENVER The Republican-controlled state Senate on Thursday hosted another debate about expanding Second Amendment rights.

Previous debates focused on magazine capacity and training of school employees to carry firearms.

Thursdays discussion concerned Senate Bill 6, which would amend the concealed carry law to include a provision allowing active-duty and honorably discharged military personnel younger than 21 to apply for permits. The bill was adopted and scheduled for a final reading before moving to the House.

Half her unit was deployed in Afghanistan. They can go to Iraq or can go to Afghanistan and defend themselves, but they cannot come back here to the state of Colorado, because they are under the age of 21, to get a conceal carry permit, Cooke said.

When deployed, these military personnel are allowed to carry guns, but they are closely supervised by superior officers, Kagan said. There are very strict rules about when, where and how they carry those firearms and when, where and how they use them.

These 18- to 20-year-olds are incredible young people who have been through a great deal of stress, a great deal of hardship, a great deal of loss, she said. They have seen things we will never see, and what really gets under my skin is that we seem to lump them in with everyone else. They are not everyone else.

The bill represents the sixth piece of legislation focusing on gun laws this session.

Four of these bills have originated in the Republican-held Senate, were passed by committees to the full floor and are expected to go to the House, which the Democrats control.

The other two originated in the House, but both died in the House State, Veterans and Military Affairs Committee, the so called kill committee.

This committee is the likely landing spot for Second Amendment bills passed by the Senate.

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Colorado Senate debates Second Amendment bill - The Journal

Watch that government doesn't overreach constitutional authority Belleville News-Democrat With Kevin Gagen's latest letter, after denigrating the members of the National Rifle Association, he asks, What is it about the term 'well-regulated' they don't get? What did well-regulated mean at the time the Second Amendment was written, Gagen?

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Watch that government doesn't overreach constitutional authority - Belleville News-Democrat

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Associated Press Some of the handguns with 15-round magazines that were banned in 2013 in Colorado.

DENVER The Republican-controlled state Senate on Thursday hosted another debate about expanding Second Amendment rights.

Previous debates focused on magazine capacity and training of school employees to carry firearms.

Thursdays discussion concerned Senate Bill 6, which would amend the concealed carry law to include a provision allowing active-duty and honorably discharged military personnel younger than 21 to apply for permits. The bill was adopted and scheduled for a final reading before moving to the House.

Half her unit was deployed in Afghanistan. They can go to Iraq or can go to Afghanistan and defend themselves, but they cannot come back here to the state of Colorado, because they are under the age of 21, to get a conceal carry permit, Cooke said.

When deployed, these military personnel are allowed to carry guns, but they are closely supervised by superior officers, Kagan said. There are very strict rules about when, where and how they carry those firearms and when, where and how they use them.

These 18- to 20-year-olds are incredible young people who have been through a great deal of stress, a great deal of hardship, a great deal of loss, she said. They have seen things we will never see, and what really gets under my skin is that we seem to lump them in with everyone else. They are not everyone else.

The bill represents the sixth piece of legislation focusing on gun laws this session.

Four of these bills have originated in the Republican-held Senate, were passed by committees to the full floor and are expected to go to the House, which the Democrats control.

The other two originated in the House, but both died in the House State, Veterans and Military Affairs Committee, the so called kill committee.

This committee is the likely landing spot for Second Amendment bills passed by the Senate.

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Colorado Senate debates Second Amendment bill - Cortez Journal

Mark Hopkins | Special to the Daily News

Why did we need a militia/gun amendment added to the Constitution?

As is true with most momentous decisions in the life of our country, to fully understand why something was done, we must study the times in which such decisions were made.

The why of the Second Amendment in the 1780s is very different from answering that same question in 2017. The United States was a very different country in the years following the Revolution than it is today. When President Washington first took office, two key challenges faced him and the leadership in Congress.

First, the Revolutionary War had concluded just eight years before. England had been defeated on our shores and withdrew their troops. However, that didnt make us the strongest nation on the globe. England still had the strongest combination of army and navy. They still controlled Canada, just a short trip up the Hudson River from New York City. In short, they were still a threat to us.

At the conclusion of the war, General Washington and the leadership in Congress did not have the money to support a standing army. It was the consensus that the U.S. must make do with smaller, live-at-home militia units in the various states rather than a centralized army. Thus, it was their hope that the new country could be protected with a citizen army that was armed and ready to be called up at a moments notice. To make that work, each military age male needed to be armed and ready if needed.

Second, several citizen rebellions had occurred between the end of the war and the time of the passage of the new Constitution. Principal among these were the Shays Rebellion in Massachusetts and the Whiskey Rebellion in Pennsylvania. Without the creation of a local militia, neither state had the firepower to protect the government or the people.

In short, our young country did not have the money to support a standing army so adding the Second Amendment was for the expressed purpose of making sure that each state had the legal right to call men to arms. Just as important, it was necessary that those men were able to join the militia fully armed and ready to defend their state and their government.

The contention from some that the framers of the Constitution adopted the Second Amendment because they wanted an armed population that could take down the U.S. government should it become tyrannical just has no credence in history.

In past columns about the Second Amendment, we have established the historical context of the creation of the Second Amendment. The primary purpose was to create a legal foundation for a state militia, the forerunner of our National Guard. President Washington not only wrote letters to support such action but actually created his own militia to put down the Whiskey Rebellion in Pennsylvania. Congress supported his action by creating The Militia Act, that allowed states to call up militia units to protect the government and the people as needed.

Resources used for these columns on the Second Amendment came from His Excellency: George Washington by Joseph Ellis (2004), James Madisons arguments for a strong federal government in The Federalist Papers, (1777-78) and The Readers Companion to American History by John A. Garraty and Eric Foner, which tells the stories of Shays Rebellion and the Whiskey Rebellion.

If a reader missed the two earlier columns, contact me at presnet@presnet.net for copies.

Dr. Mark L. Hopkins writes for More Content Now and Scripps Newspapers.

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