By Budd Schroeder | Wednesday, July 28th, 2010 at 12:00 pm
The Second Amendment is a right, not a privilege. For more than four decades I have been an activist focusing on Second Amendment rights and sometimes it has been an uphill battle. Former NRA President Charlton Heston was fond of saying that the Second Amendment was the keystone in the arch of the Constitution and is what protects all the others.
We, in the NRA, believe that and equate the tenets of that amendment to freedom. History affirms that belief. While not to quote bumper sticker slogans, some hold true, such as “Freemen own guns, slaves don’t.” We also point out that gun control in America was based on racism.
The Dred Scott decision stated that the court could not consider Mr. Scott to be a citizen because that would also give him the right to keep and bear arms. That decision declared that slavery was not unconstitutional.
After the Civil War, many state governments in the south made legal possession of a gun available only to the white citizens. In several states, like New York, in order to get a permit to own or carry a handgun, the applicant must show “proper cause.”
This is a term that is difficult to define when it comes to determining whether a permit is granted. The proper interpretation should be that a person has proper cause to own and carry a handgun if they are not prohibited by being a felon, mental incompetent, a juvenile or a person of poor character.
The last condition is also rather broad and difficult to define, but perhaps the town drunk or a person with a history of irresponsible decisions and actions should be disqualified as those with the other disabilities.
The Second Amendment has a long history of being controversial. Court cases have been contradictory as to whether it is a collective right (militia clause) or an individual right (right of the people). Two years ago the Supreme Court affirmed that like the other amendments in the Bill or Rights, it is an individual right. This was called the Heller Decision and focused on a law in Washington DC that, for all practical purposes, banned the possession of a working firearm and a definite ban on handguns.
The Court overturned that ban and anti-gun politicians and anti-gun activists said the ruling applied only to the District. This brought up a case in Chicago that had a ban similar to DC. Chicago refused to abide by the decision and caused a court action called the McDonald case. This was decided by the protections of the 14th Amendment under due process clause which means that all states have to abide by the ruling. New York was one of six states that didn’t have a right to keep and bear arms in their constitution.
This decision opens a legal door for citizens of those states that didn’t recognize the Second Amendment was a right and treated it as a privilege to be granted by a bureaucrat. The lawsuits are already being filed in Illinois and New York regarding the right to possess firearms by honest, law-abiding citizens. It may take years to bring a definite ruling, because the court also held that the right can be subjected to “reasonable restrictions.”
There is controversy regarding the definition of “reasonable” and this will be the lawyers’ delight as they make money arguing the cases in court. We cannot argue against the “reasonable” definitions of the First Amendment restrictions such as the freedom of speech does not allow people to yell “fire” in a crowded theater, to commit perjury, libel or slander or incite people to violence. However it seems lately that being politically incorrect in speaking (or writing) can have very negative consequences.
We know that the right to keep and bear arms does not make a person immune from charges of menacing, reckless endangerment or various types of intimidation using a gun. Those are reasonable restrictions. However there is nothing reasonable about laws that restrict a person’s right to self-defense by not allowing them to have an effective means of protection.
The courts will have many decisions to make in the near future. We hope they make the right ones, especially in New York.
Budd Schroeder is a member of the Board of Directors of the National Rifle Association. He is Chairman of the Board of the Shooter's Committee On Political Education (SCOPE) and Vice President of the Judges & Police Conference.
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