Wednesday, October 29, 2014

Update on Proposed Alabama Amendment 3 (Strict Scrutiny)



Dave Workman has an interesting article about the controversy in Alabama's gun rights community on ballot measure 3, which proposes an amendment to Alabama's constitution to direct judges to always apply a strict scrutiny level of judicial review to all cases where the right to keep and bear arms is in jeopardy.

Of course, Ol' Backwoods has covered this before, talking about the split between Bama Carry and the Alabama Gun Rights organizations (which include Alabama Open Carry).

The real story in Workman's article is in the comments.  Eddie Maxwell is a honcho in Bama Carry, and I have tried to argue for this amendment with him on the Facebook page, and was told to leave Bama Carry if I believed the Amendment was good for Alabama.  (Full disclosure: Ol' Backwoods is a paying member of Bama Carry.)  George Owens, a big wheel in the Alabama Gun Rights Organizations, is trying to argue for the amendment by showing how limited the right to keep and bear arms already is in Alabama, including the case State v. Reid (1840) which defined the right to bear arms as open carry, not concealed carry.

All I know is that a) 2nd amendment / RKBA lawyers smarter than me are for strict scrutiny, and b) if this goes down in flames here in the Deep South, the Bloombergites and the other anti's will dance up a storm, and claim that they are winning.  And maybe they do win a victory if this ballot measure is defeated.

As David Codrea says, "any chair in a bar fight."  Or, in Latin, "CUM ULLA SELLA IN PUGNO TABERNA".

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