Saturday, March 2, 2013

New Gun Control Lie: States Can Ban Anything (Contra McDonald)

Part II of this article is now available.
   Gun bans and confiscation at the state and city level are the new push of the gun-control Left.  That's clear from the near-identical gun-ban and confiscation legislation appearing in state houses all over the country, from New York, to Missouri, to Minnesota, to Colorado, to Connecticut, to New Jersey, and beyond.  These are the states where high-profile members of the Left, like VP Joe Biden, are making appearances.  Sheriffs from these states are meeting with Obama.   Letters are being written to the editors of Left-leaning newspapers in these states.  It's where the action is.

   Simultaneously, a new lie from the Left on gun control has appeared. I first saw it in a comment on a Facebook thread from The Drudge Report, but have seen it in comments on other pro-gun Facebook pages, and news websites, in different forms, but all similar to this:
"The State of Colorado [for example] can ban any and all guns. The 2nd Amendment to the United States Constitution DOES NOT guarantee citizens of their respective states a right to bear arms, it only stops the national government from disarming the States."
What a lie from Hell.

   They push this lie to discredit the idea (from Supreme Court case McDonald v Chicago, 2010) that the 14th Amendment does indeed incorporate the 2nd Amendment to the states and cities, protecting the right to keep and bear arms, just like other rights, from infringement by any jurisdiction.  From the majority opinion in that case:
JUSTICE ALITO, joined by THE CHIEF JUSTICE, JUSTICE SCALIA, and JUSTICE KENNEDY, concluded... that the Fourteenth Amendment’s Due Process Clause incorporates the Second Amendment right recognized in Heller. ... 
Municipal respondents’ [i.e., City of Chicago] remaining arguments are rejected because they are at war with Heller’s central holding. In effect, they ask the Court to hold the right to keep and bear arms as subject to a different body of rules for incorporation than the other Bill of Rights guarantees.
Sure they do.  Of course they want a different set of rules.  For them.

   To explain the concept of incorporation,  take a familiar example.  The 1st Amendment protection of the right to free speech cannot be infringed by the City of Chicago, because the 14th Amendment ensures that rights of Federal citizens are protected by the Constitution, no matter what state they may also be a citizen of, or what city they live in.  McDonald holds that the 2nd Amendment right to keep and bear arms is no different.

   The Left disagrees, not on any merit, but because that threatens the power they have over the so-called "blue" states.

   It may surprise you, but the Left has already conceded the 2nd Amendment argument at the Federal level. They know the Left has lost the battle to stop the judiciary from interpreting the 2nd Amendment, as it did in US v. Heller, to mean that an individual has a fundamental right to keep and bear arms.   Even Obama's harpy on the Supreme Court, Justice Sotomayor, repeatedly said to the Senate Judiciary Committee that Heller is “settled law".  

  However, Heller was only binding in Federal jurisdictions, like Washington DC.  It was McDonald v. Chicago that brought the axe down on state and local gun control via the incorporation doctrine, and the Left knows it.  Justice Sotomayo joined Justices Breyer and Ginsburg (a Lefty trifecta) in the dissent to McDonald, asserting:
“In sum, the Framers did not write the Second Amendment in order to protect a private right of armed self defense.”  
   The Left didn't want a private right to self-defense affirmed at the Federal level, but they certainly cannot abide it at the state level, where millions more will take control of their own lives.  They want to strike back against McDonald.

   Many of the states the Left is now targeting have not had shall-issue conceal-carry for long, and my guess is they hope that the right to keep and bear arms does not have as much support there.  For example, Colorado, Minnesota, and Missouri passed shall-issue laws in 2003, only ten years ago.

Left lost the argument, state-by-state
  The states and cities are the battleground the Left must now win on guns.  They know this.  New York is the prototype and the proving ground.  If they hope to re-take control of enough of the country to start undoing the 2nd Amendment gains of the last 20 years, then Chicago, New York, the big California cities, Detroit, Boston, Philly, all the big Democrat-controlled zones must not have even ONE more lawful concealed carry permit.  Concealed carry has advanced state-by-state, with the Federal government mostly staying out of it.  The Left knows it must win the issue back state-by-state, as well.

That is the why for the new lie.  Do not let it stand.


UPDATE: Check out Part II of this article.

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