Thursday, August 28, 2014

A Price of Freedom - The 2nd Amendment's Defining Moment

Several days ago we celebrated a ruling that struck down the majority of California’s 10 Day Waiting Period law as un-Constitutional.  SAF Wins on Waiting Periods In California!

At the same time, the petulant boys and girls of the California Loonieslature were churning out a host of very bad anti-gun bills.  2014 California Gun Bills

One step forward -- Four steps back.

Cali Pols Hard at Work (iaconoresearch)
It's relatively easy to pass legislation, especially in California’s overwhelmingly one-party, looney left legislature. It's what those busy little biebers do to avoid honest work. Paid for by the much-abused taxpayer, the avalanche of new laws each year makes living and working in the Grate State of California a head-swimming experience. Especially, if you are one of the elite’s despised minorities: a businessman, smoker, or gun owner. 

SCOTUS (Bokertov)
Fighting bad laws in Court is an expensive, one-at-a-time, years-long process. Often the California fight must go all the way to the Supreme Court of the United States (SCOTUS) with the progressive leanings of the local courts and the lovingly defamed Ninth Circus Court of Appeals. That torturous path can take decades. At times, it seems that the tide of anti-gun legislation is an all but an unstoppable flood. 

However, there’s hope, according to a Forbes article: The Second Amendment's Defining Moment. In a very gun rights favorable piece, Frank Miniter points out the Heller and McDonald decisions are starting to be incorporated in the host of lawsuit brought after the SCOTUS decisions. The aforementioned 10 Day Waiting Period case being a prime example of the changes Heller is making. Even where the RKBA loses, as in the Maryland Assault Weapons case, the decision was made by deliberately refuting the Supreme Court decisions. It should be pointed out to the district court judge that You. Can’t. Do. That. As such, the decision will likely be overturned by a higher court. 

These court victories have not come by happenstance. They are the product of far-seeing visionaries, decades long commitments and significant amounts of long-term funding. Heller/ McDonald were a long time coming, starting with legal research and legal journal publications supporting the Second Amendment. Then came the metric sh!tload of lawyers filing carefully chosen and coordinated lawsuits. It took money - a lot of money - much of it coming from the people, through organizations such as the Second Amendment Foundation and the NRA. As the post Heller/ McDonald suits are pressed through the legal system, with each win, an  all-important precedence is established. Perhaps, just perhaps, choking off the flood of anti-gun laws at the source.

  • Elections matter. The President appoints the Federal judges and the Senate confirms them. Hold your nose if you must, but vote Republican for Senate if you want to limit the number of progressive, anti-Constitutional judges confirmed. But, by all means VOTE!

  • Donate to the organizations that are suing and winning for us. Alan Gottlieb of the Second Amendment Foundation has proven to be a Past Master at the three-dimensional chess that is gradually pulling down the anti-gun edifice. Other, ill-considered suits, with the wrong plaintiff at the wrong time, have hurt our cause.

I’m donating to the proven winners: SAF, CalGuns, the Firearms Policy Coalition, and the NRA-ILA

1 comment:

  1. Agree on the voting. Vote! Every time!

    The way I see it, not voting is like jumping on a raft with no paddle going down-river. True, the paddle may or may not help much, depending on the current, rapids, etc., but if you refuse to take one, you have no right to complain about where you end up.