Thursday, November 17, 2011

Gun Rights Paradigm

Our constitution provides limits on government in order to protect every individual’s God given inalienable rights.  The right to defend your life, those around you and your property existed long before the establishment of government and is often referred to as a “natural right”; perhaps to assuage the small percentage of folks who would rather avoid involving our Maker’s hand in things.

It has taken nearly two hundred years for our Supreme Court to validate the 2nd Amendment and clarify our founder’s intentions; that Individuals have the right to own and bear arms; that this right was not singularly for those serving as militia members.  At one time there was a short explanation of the Supreme Court’s District of Columbia v. Heller ruling at FindLaw dot com which covered the essentials, which is quoted here; but not linked with a specific URL.

“Prior to the Supreme Court’s 2008 decision in District of Columbia v. Heller, the courts had yet to definitively state what right the Second Amendment protected. The opposing theories, perhaps oversimplified, were (1) an “individual rights” approach, whereby the Amendment protected individuals’ rights to firearm ownership, possession, and transportation; and (2) a “states’ rights” approach, under which the Amendment only protected the right to keep and bear arms in connection with organized state militia units. Moreover, it was generally believed that the Amendment was only a bar to federal action, not to state or municipal restraints.

However, the Supreme Court has now definitively held that the Second Amendment protects an individual’s right to possess a firearm unconnected with service in a militia, and to use that weapon for traditionally lawful purposes, such as self-defense within the home. Moreover, this right applies not just to the federal government, but to states and municipalities as well.”

Not wishing to appear obtuse; but where in the 2nd Amendment does it say an individual’s God given right to keep and bear Arms is limited to his/her home?  I’ll save you the trouble, it doesn’t.  Government is limited; an individuals right to keep and bear arms “shall not be infringed”, no different than an individual’s right to free speech.

This morning there’s an AP article which appeared on the Fox News website, House Approves Concealed Firearm Permit Bill

“A state permit to carry a concealed firearm would be valid in almost every state in the country under legislation the House passed Wednesday.”
A majority of folks in Congress are attempting to move in the right direction. Those who voiced opinions against this legislation lack faith in the citizenry which placed them in office and the individuals who are America; perhaps lacking faith in the very foundations upon which America was built.  There was a sentence in the article which brought me back to the keyboard to write today’s article. 

“Under the House legislation, people with a concealed carry permit in one state could carry a concealed weapon in every other state that gives people the right to carry concealed weapons.”

Maybe I should highlight the part which jumped out at me, “…every other state that gives people the right to carry concealed weapons”.   States do not give rights, God gives rights.  States hand out entitlements, permission, grants and many other things; but their powers are limited and they can only obstruct or usurp individual’s God given rights.  If you gain no other information this day, understanding this one principle of government is what separates America from all others.   Our founders recognized God as the Author of Liberty and the only Being capable of bestowing rights. 

You and I have the right and the responsibility to properly defend our lives and property by whatever means is prudent and necessary, to include deadly force.  The right to own and bear arms was defined and recorded in the Bill of Rights and cannot be taken away except under specific judicial action as pertain to being of sound mind or having been convicted of a felony rendering that individual unfit; regardless of which State you happen to find yourself. 

In all likelihood the issue of being able to use one State’s concealed handgun permit in other States is a moot point; the left leaning Senate has not addressed the issue and even if such a bill were to pass it would require Obama’s signature to become law.  Obama has in recent days pressured members of the Senate to ratify the U.N. Small Arms Treaty which would, in effect, do away with the 2nd Amendment. 

Do the elections in 2012 make a difference?  Mind you, the person we elect to the Oval Office gets to pick vacancies on the Supreme Court, sign into law pieces of legislation or veto that legislation; all of which affect each and every individual. 

This article has been cross posted to The Moral Liberal, a publication whose banner reads, “Defending The Judeo-Christian Ethic, Limited Government, & The American Constitution”.

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