At the risk of serious reprisal from the Empire (Disney) as the new Star Wars movie is about to be released, today I present – A New Hope.
Firearm owners around the country have been living in dark times. Self-proclaimed ‘gun safety’ elitists have been attacking the very foundations of our freedom, the Constitution and the Bill of Rights. They have been slowly but surely whittling away our Second Amendment rights in the name of “common sense gun safety measures”.
Nowhere has this been more evident than here in California. Every year, new draconian legislation is pushed out upon the citizenry with the promise to make them safer. Every year the rights of law-abiding firearms owners are restricted a little bit more. Every year Second Amendment rights are eroded a little further. Yet every year the rights of criminals are expanded, more criminals are released early from prison, crime gets worse and we are less safe in our homes and communities.
But now there is a new hope. While the 2016 general elections were a mixed bag of results for many, firearm owners are feeling a little safer knowing an outright repeal of the Second Amendment, or having it effectively gutted by executive order, legislative action or judicial activism is NOT the priority of the incoming administration.
One of the most critical elements of hope will be the appointment of a new Associate Justice of the United States Supreme Court, replacing Justice Antonin Scalia. Justice Scalia, who advocated originalism in constitutional interpretation, wrote the majority opinion in District of Columbia v. Heller. This ruling found an individual right to own a firearm under the Second Amendment. This ruling, which simply confirmed the right Americans have understood and exercised since the founding of our country, is based on the original meaning of the words at the time the Bill of Rights was written. As such, Justice Scalia’s replacement with a strong supporter of the Bill of Rights is a critical appointment in the struggle to retain our rights.
But with hope comes caution. The Heller decision was only 5-4 in favor and still left many questions unanswered. The Supreme Court has also been reluctant to take on new Second Amendment cases since District of Columbia v. Heller and the related McDonald v. City of Chicago. Even with the strongest case there is no guarantee the Court will either accept it or rule in a way firearm rights advocates hope for. Each case is heard and decided on its own merit and could pass or fail at any time regardless of the makeup of the Supreme Court.
We must also realize the United States Supreme Court is the final stop, the last court of appeal. Appeals here mean cases have already been through all other courts and this is the absolute last chance for them to be overturned. What we should be doing is stopping the laws before they are implemented in the first place. Repealing a law, ordinance or regulation is ALWAYS going to be more difficult, more costly, more time consuming and more risky than stopping it in the first place. Once our rights have been stripped away, it is much harder to get them back.
During this last election, a group of elitists took advantage of a contentious national election to put their money into vulnerable states where they could spend millions creating a false narrative to further their agenda. With this they gained important ground to base their next level of infringements upon. Each gain they make costs law-abiding citizens their rights.
So while we have hope with the incoming national administration, legislative branches and with the highest court, our rights in some state and localities are being systematically eroded. Each one of these infringements need to be fought, and fought vigorously. At the same time we need to stop the flood of new and diabolical ways that are being devised to strip away rights and make us all more unsafe.
Every elected seat, at every level, in every jurisdiction counts. Every race is local and every vote counts. If you don’t think the people who have been taking away your rights aren’t already working on the next elections, you are wrong. They most certainly are and we should be too.
Bob
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