Newsletter - September 2023

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment II to the Constitution of the United States of America

Has there been another amendment to the Constitution that has infuriated so many people? Apparently, the idea of people being able to defend themselves is very upsetting for many folks.  Of course, many of those same people upset by the second amendment have private or government provided security. 

In the real world, there are people who should not have any kind of weapon especially guns.  These are criminals who do not care who they harm and mentally ill people who cannot make any kind of rational judgement.  However, these restrictions should not apply to the average citizen.  The right to bear arms does not mean that a person suddenly has the right to use weapons to hurt or kill other people.

Now, let’s talk about the real world that the average citizen lives in.  It is useful to remember the words of Niccolo Machiavelli in 1537 from his book The Prince.  “There is no comparison whatever between an armed and disarmed man; it is not reasonable to suppose that one who is armed will obey willingly one who is unarmed; or that any unarmed man will remain safe.”

Let’s look at the history of the 2nd Amendment per the Supreme Court.  For much of the early days of the United States, the Supreme Court did not make many rulings regarding the 2nd Amendment.  In the 20th Century the only significant 2nd Amendment decision seemed to suggest that the right protected under the Amendment was tied only to state militia use of certain types of firearms. 

In 2008, the Supreme Court heard the case of District of Columbia v. Heller.  After a lengthy historical study the Supreme Court determined that the Second Amendment protects an individual right to possess firearms for historically lawful purposes, including self-defense in the home.  The majority ruling also provided guidance on the scope of the right, explaining that it “is not unlimited” and nothing in the opinion should be taken to cast doubt on “longstanding prohibitions” like “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings,” among other “presumptively lawful” regulations. 

In 2010, the Court revisited the issue of whether the Second Amendment applies to the states. In the case of McDonald v. City of Chicago, the Court ruled that the right to keep and bear arms is a “fundamental” right that is incorporated through the 14th Amendment against the states. Subsequently, in Caetano v. Massachusetts the Court issued a brief, per curiam opinion that vacated a Massachusetts Supreme Court decision that had upheld a law prohibiting the possession of stun guns.  The Court again stated that the Second Amendment applies to the states and extends to “bearable arms” that “were not in existence at the time of the founding.”

In 2022, the Supreme Court considered the constitutionality under the Second Amendment of a portion of New York’s firearms licensing plan that restricted the carrying of certain licensed firearms outside the home.  In a decision titled New York State Rifle & Pistol Association v.Bruen the Court in a 6 to 3 decision struck down New York’s requirement that an applicant for an unrestricted license to carry a handgun outside the home for self-defense must establish “proper cause” ruling that the requirement is at odds with the Second Amendment.  The Court recognized that the Second Amendment protects a right that extends beyond the home and also clarified that the proper test for evaluating Second Amendment challenges to firearms laws is an approach rooted in text and the “historical tradition” of firearms regulations, rejected a “two-step” methodology employed by many of the lower courts.

There are continual efforts by government officials and anti-gun groups to limit and restrict the right of the people to be armed.  The latest example is the Democrat governor of New Mexico, Michelle Lujan Grisham and her declaration that gun violence is a public health emergency.  This is her response to the shooting deaths of a 13 year old girl on July 28th, a 5 year old girl on August 14th and an 11 year old boy on September 6th.  This public health order temporarily suspends the open and concealed carry laws in Bernalillo County effective immediately.  This action directly infringes upon the constitutional right to bear arms of law-abiding citizens.  The Governor did carve out exceptions for licensed security guards and law enforcement officers.

The Governor stated that she doesn’t expect criminals to follow her order but hopes it is a “resounding message to everyone else in the community to report gun crime.” 

The National Rifle Association issued a statement stating that the Governor has ignored the United States Constitution and New Mexico Constitution and issued a ruling per administrative fiat.  The NRA recommends eliminating the Governor’s soft position on criminal policies.  There have been 76 homicides in Albuquerque this year.  Governor Grisham has stated that no constitutional right is absolute.  Just a thought:  If criminals spent more time in jail they might not be able to be on the streets committing crimes. 

The ultimate goal of many in government is to have total gun registration.  There is an excellent example about gun registration.  It is most enlightening to read about the registration and confiscation of all guns in Hitler’s Germany.  The most important lesson is that this confiscation did not happen overnight.  It started in the 1920’s when the Weimar Republic ruled in Germany. Gun registration started then.  Records were compiled and kept. 

Adolf Hitler and the Nazi party came to power in 1933.  They did have the gun registration records of the Weimar Republic and used them to identify, disarm and attack political opponents and Jews.  Mass searches for and seizures of guns followed.  For five years, German society was “cleansed” by Adolf Hitler and his National Socialist regime.  Independent gun clubs were banned, and leaders were arrested.  Jews could not obtain firearm permits.  Eventually, there were no Jews with guns. Jews with guns landed up in concentration camps. 

Gun registration can lead to confiscation.  Control of guns does not happen overnight.  It is almost always a battle taking place over a number of years.  Please remember:  Bad guys will always have guns.  Criminals do not get permits.