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Out here in Gun Country, the U.S. Supreme Court decision in District of Columbia v. Heller will lead to little, if any, change, at least in the foreseeable future.
The ">decision, issued June 26, addressed a 30-year-old D.C. law which essentially banned private ownership of a handgun. At issue was the Second Amendment in the Bill of Rights of the U.S. Constitution:
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.
Historically, there are two ways to interpret this. One, held by four of the nine justices, says that the right to bear arms applies only in reference to service in the state militia. The other view, held by five justices constituting a majority of the court, is that while the amendment protects the rights of the states to maintain their own militias, it also grants an individual right to own and use guns.
Thus Dick Anthony Heller gets to keep a pistol in his home in Washington, D.C.; the city must issue him a license.
But Washington, D.C., is not just any city. While it has some home rule, it is really under the direct control of the U.S. Congress, which makes it different from any other American city. Thus if the federal Bill of Rights is viewed only as a limitation on federal powers, (i.e., the states are free to have established religions), then state and local gun laws outside the District are not affected.
In general, though, the Supreme Court has applied the
Fourteenth Amendment to the Bill of Rights. The 14th
provides that no state can make or enforce an law which
shall abridge the privileges or immunities of citizens of
the United States ... nor deny to any person within its
jurisdiction the equal protection of the laws.
Thus a state law which infringed on, say, religious
freedom would abridge the privileges or immunities
of American citizens in that state, and thus violate the
federal Constitution.
So could the individual right
that the court
found in the Second Amendment be applied, through the 14th
Amendment, to our state gun laws?
The court did not address that. But the fact is that the constitution; of every state in the West, except for California, guarantees its citizens the right to keep and bear arms, for a variety of purposes that may include hunting, recreation and self-defense. So except for the Golden State, it doesn't matter whether this reading of the Second Amendment percolates down via the 14th Amendment or not.
Either way, we're still in Gun Country. So the Heller ruling won't change much, if anything out here.
The main problem, I fear, is that the National Rifle
Association, deprived of its usual Liberals are coming
to take your guns, so vote for people who will take your
privacy
election-year message, will have more time and
energy for Liberals are coming to take away your chance
to drive your ATVs and SUVs into roadless areas
and
similar issues unrelated to the Second Amendment.
Relevant constitutional provisions for Western states:
Alaska: 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. The individual right to keep and bear arms shall not be denied or infringed by the State or a political subdivision of the State.
Arizona: The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.
Colorado: The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons. Wyoming: The right of citizens to bear arms in defense of themselves and of the state shall not be denied.
Idaho: The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.
Montana: The right of any person to keep or bear arms in defense of his own home, person, and property, or in aid of the civil power when thereto legally summoned, shall not be called in question, but nothing herein contained shall be held to permit the carrying of concealed weapons.
Nevada: Every citizen has the right to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes.
New Mexico: No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.
Oregon: The people shall have the right to bear arms for the defence [sic] of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.
Utah: The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms.
Washington: The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
Wyoming: The right of citizens to bear arms in defense of themselves and of the state shall not be denied.
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