Supreme Court Refuses To Hear Challenge To New York And Connecticut Weapons Ban

BY Herschel Smith
5 years, 4 months ago

The Washington Post:

The Supreme Court declined Monday to review bans on a lengthy list of firearms that New York and Connecticut have classified as “assault weapons,” the latest example of the justices turning down an opportunity to elaborate on an individual’s right to gun ownership.

With an emotional debate about gun control reigniting across the street at the Capitol, the justices without comment said they would not review lower-court decisions upholding the laws.

Connecticut’s ban was expanded shortly after a gunman used one of the military-style semiautomatic weapons on the list to kill 20 students and six educators at Sandy Hook Elementary School in Newtown in 2012.

The decision Monday was not a surprise, as the justices have previously declined to review other lower-court decisions that uphold bans passed by cities and states. Maryland, California, Hawaii, Massachusetts and New, Jersey as well as many cities and towns, have similar laws. None of the legal challenges to them have been successful in lower courts.

None of the challenges have been successful (and this wouldn’t be either) because jurists today don’t believe in the constitution, and because the Heller decision gave away too much.

David French does a nice job of upbraiding people who say that the second amendment doesn’t mean what it says.

First, the history. It is simply remarkable to see liberals flood the Internet and social media with allegations that the Second Amendment either does not protect an individual right to keep and bear arms or that — incredibly — that right is restricted to single-shot, flintlock muskets. All meaningful historical evidence points toward the conclusion that the Second Amendment merely recognized a pre-existing right to bear arms. This is plain from the text of the amendment, which protects the right of “the people,” and from its historical context. Indeed, writing in 1803, St. George Tucker updated Blackstone’s Commentaries to declare that the United States “may reasonably hope that the people will never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty.”

This understanding is buttressed by dozens of state constitutional provisions, the vast majority of which clearly and unmistakably establish an individual right to gun ownership — not the mythical “collective” right so beloved by the Left. Alabama, for example, declares that “every citizen has a right to bear arms in defense of himself and the state.” New Hampshire’s constitution states that “all persons have the right to keep and bear arms in defense of themselves, their families, their property, and the state.” These provisions aren’t part of a right-wing plot; they reflect long-defended American liberties.

But in spite of the malfeasance of jurists who deny God-given rights, I confess that I have a difficult time getting worked up over this refusal of the Supreme Court to play nice.  I know this is easy to say and much more difficult to do, but if you live in a state like Connecticut or New York where the collectivists want to control you in this way, you need to move, change the laws, or disobey the laws to arm yourself as you see fit.

Don’t expect anyone in a black robe to look out for your interests.  Interests are local, and it’s probably best that way.  You can effect change locally easier than you can nationally.


Comments

  1. On June 21, 2016 at 8:44 am, Michael Jones said:

    The Supreme court is filled with cowards.

  2. On June 21, 2016 at 10:11 am, Big Boss said:

    Once upon a time, the supreme court also judged that it was perfectly legal to put Japanese American citizens in camps despite it being one of the most illegal and Anti-American things the government can perpetrate. It is our right as Americans to bring our grievances before them, but they are not the ultimate arbiters and they certainly are not infallible. Our system of checks and balances needs some balancing….

  3. On June 21, 2016 at 11:28 am, Fred said:

    I was just at the balances store the other day. I like the green tip type myself.

  4. On June 21, 2016 at 11:41 am, Big Boss said:

    Amen to that. ;)

  5. On June 21, 2016 at 3:14 pm, Jack said:

    Playing states rights perhaps

  6. On June 21, 2016 at 4:01 pm, Herschel Smith said:

    I was about to say that’s a pretty gracious rendering of their intent, but then I read your post again where you said “playing.”

    Yup. Perhaps so.

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This article is filed under the category(s) Gun Control and was published June 20th, 2016 by Herschel Smith.

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