Even before the Obama administration pulled back the curtain to reveal its anti-gun agenda to the naked light of day, individual states won victories and made moves in regards to the strengthening of gun rights.
First, and probably most importantly, is the constitutional amendment that passed overwhelmingly on election day in Louisiana. Constitutional Amendment 2 was a ballot measure to amend the state constitution, thereby strengthening it against against legislative infringements and activist judges who would seek undermine the inalienable right.
A quick breakdown of the Amendment is as follows:
PROPOSED CHANGE: The proposed amendment would add language to the Constitution that says the right to possess a weapon is a fundamental right in Louisiana and any restriction must pass a “strict scrutiny” judicial review. The amendment also would remove language from the Constitution that explicitly gives the Legislature the authority to pass laws restricting the right to carry a concealed weapon.
A VOTE FOR would require that any laws restricting the right to keep and bear arms be subject to the highest level of judicial review, known as strict scrutiny. Also, the amendment would say that the right to keep and bear arms is a fundamental one in Louisiana. It would delete a line in the constitution that says the right to keep and bear arms shall not prevent the passage of laws to prohibit the carrying of concealed weapons. The deletion of that language does not mean the legislature would lose its right to pass concealed carry laws.
A VOTE AGAINST would retain the existing language in the Constitution which affirms that the right to keep and bear arms shall not be abridged but does not require strict scrutiny of arms laws and expressly allows the Legislature to regulate concealed weapons.
I added emphasis on the two main factors in the proposed change. Highlighting that the right to keep and bear arms is a fundamental right elevates the right to the auspices of Life, Liberty and the Pursuit of Happiness. As it stood before, one could make the argument (and gun control zealots had) in Louisiana that bearing arms was akin to driving and could be granted and denied on a whim and regulated at the discretion of the legislature.
But now, the classification of the right as fundamental invokes specific legal tests used by courts to determine the carefully constrained conditions under which the Louisiana government can restrain such a right. That is where strict scrutiny comes into play. Strict scrutiny demands that any gun control measure that passes the legislature must be so narrow in its scope and so crucial the the welfare of the State of Louisiana that it is trumps the right in which it limits. As it stood before, the level of scrutiny in Louisiana was “rational review”.
Rational review is the level in which activist judges get to most easily ignore the Constitution and rule by personal bias. If a judge can rationalize their ruling (and really, a person can pretty much rationalize anything in their own mind), then they can rule based on that. Strict scrutiny puts an end to that.
With the Constitutional Amendment 2 passing by a final vote percentage of 73.5% to 26.5%, Louisiana has the strongest most pro gun state Constitution in America. It is also a blueprint for other states to follow in securing the right for its citizens against the coming wave of Federal infringements on the Second Amendment.
But it wasn’t only Louisiana that was on the move strengthening gun rights. In Oklahoma, beginning on Nov. 1st of this year, the Open Carrying of firearms with a license was made legal throughout the state. Didn’t hear about it? I’m not surprised, the streets didn’t run red with blood, drunken shootouts didn’t take place in saloons, panic and pandemonium didn’t run rampant and therefore the press didn’t really make mention of it.
Now, while I myself am an open carry supporter, in truth I prefer constitutional carry. Oklahoma, as part of a compromise when framing this bill, requires a license to carry openly or concealed. On the bright side, Oklahoma will recognize the permits from all the states that issue them.
Speaking of open carry, the Texas legislature will pick up in January where they left off in 2011 (they meet every other year for 140 days) with House Bill 2756 that would allow Texans the right to open carry as well.
These are important developments because it means that while the Federal government and the Obama administration will be the most anti gun threat since 1994, the states are beginning to assert their own sovereignty in this matter.
Don’t believe me about 1994? If I can direct your attention to the left coast, perpetual gun grabbing zealot Dianne Feinstein has declared that with an Obama victory she is going to move forward with another assualt weapons ban. This one even more extreme than in 1994 as it would offer no grandfather clause so ALL platform weapons with a pistol grip and other arbitrary features would be confiscated outright.
Will it go anywhere? Not with Republicans controlling the House. But since when has that stopped Executive Order Obama from just doing what he wanted anyways because “it needs to be done now”?
My prediction for the next four years is a battle in Washington to hold ground in regards to the Second Amendment, but a battle in the State Capitols around the country for the strengthening of the right to keep and bear arms.
We’re not even a fortnight into November and the battle has been joined. Tally-ho.
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