NY Times: Justices “Extend” Firearm Rights

That was the headline from the New York Times after McDonald vs. Chicago was decided by the supreme court.

Isn’t it great how the statist media chooses to twist the facts?

The recent ruling returns constitutional rights to the people. It does not “extend” or “create” new ones. After all the 2nd amendment has existed since the constitution was ratified in 1789.

I invite all my open-minded friends to read the majority opinion (PDF) to understand the historical precedent used to justify their decision. Specifically, read Thomas’ reasoning.

Applying what is now a well-settled test, the plurality opinion concludes that the right to keep and bear arms applies to the States through the Fourteenth Amendment’s Due Process Clause because it is “fundamental” to the American “scheme of ordered liberty” and “‘deeply rooted in this Nation’s history and tradition’” I agree with that description of the right. But I cannot agree that it is enforceable against the States through a clause that speaks only to “process.” Instead, the right to keep and bear arms is a privilege of American citizenship that applies to the States through the Fourteenth Amendment’s Privileges or Immunities Clause.

See summary on the Wall Street Journal.

As usual, the anti-gun left mischaracterizes the decision. Here is a statement by U.S. Senator Frank R. Lautenberg (D-NJ):

While I am disappointed that this decision limits the ability of states and communities to determine how best to protect their residents, we must continue to focus on the reasonable restrictions that are critical to keeping guns out of the hands of felons, terrorists and domestic abusers.

This decision does not change existing laws that already prevent felons from acquiring guns. It simply removes draconian limitations imposed by states and local governments in the name of public safety.

It was precisely the lack of police action that prompted the plaintiff’s lawsuit against the city of Chicago.

Claude is as a solutions architect at a unified communications company. He also helps small businesses increase their productivity, improve back-office processes and reduce costs by promoting the use of new technologies.
This entry was posted in Opinion and tagged , , , . Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>