With the recent Supreme Court ruling in the McDonald gun case, many conservatives and pro-gun people are cheering the decision as a victory. This supposed victory has come at the use of the “doctrine of incorporation,” where the 14th Amendment “incorporates” those rights which are assumed as “fundamental rights” to be applied by to the states. Jack Hunter explains better than I could why this supposed victory is actually a defeat.
Even if it were justified to use the incorporation doctrine, this case has also left open the ability for certain types of restriction, just prohibiting full bans. Like most Supreme Court decisions, McDonald divides our rights into specific categories, destroying liberty and empowering the federal judiciary. As this report from the National Association For Gun Rights states,
What Justice Alito and the court is saying [in McDonald] is simple: your right to keep and bear arms is fundamentally guaranteed so long as you abide by the state and federal laws which restrict those same rights.
It seems to me that a common sense solution to achieve what the most rabid pro-gun supporters want is through your state constitution. Sadly, like most issues, if only we just remembered how our government was truly structured we could truly defend our liberty. So with this in mind I wanted to share a site I found that lists, from state’s constitutions, where you have a true right to keep and bear arms.
Sorry New York, New Jersey, California, Iowa, Maryland, Minnesota: Apparently trying to defend your life, your families’ lives, or your property just isn’t important enough to make it into your states’ constitutions. Obviously that is why these states all have such low gun violence rates while Vermont is the murder capitol of the country.Published in