Advocates of the right to keep and bear arms have modest
reason to celebrate these days. The state of Alaska
recently became the second state, after Vermont, to allow
citizens to carry concealed firearms without a permit or
any of the restrictive measures, such as fingerprinting
or background checks, that often accompany the
permit-application process.
And on July 15 the Wisconsin Supreme Court voted 6-1 that
a citizens desire to exercise the right to
keep and bear arms for purposes of security is at its
apex when undertaken to secure ones home or
privately owned business. The decision came when
the court heard the case of a Milwaukee store owner who
was arrested for having a loaded gun in his pocket. The
police were enforcing the states draconian
concealed-carry law, which allows only peace
officers to carry concealed weapons.
The Wisconsin court ruled, however on the basis of
a 1998 amendment to the states constitution that
states that people have the right to keep and bear
arms for security, defense, hunting, recreation, or any
other lawful purpose that protecting oneself
while at home or ones place of business is clearly
consistent with that other lawful purpose
standard.
These two events mark small but significant victories for
Americas gunowners and all supporters of individual
freedom.
Do they signal a sea change in the way most Americans are
thinking about guns? Can we now expect widespread support
for the repeal of our nations many unconstitutional
gun-control laws? Unfortunately not.
Still, what does seem to be happening, at the very least,
is that more and more Americans are rejecting the absurd,
leftist, 20th-century invention of a collective
right to own a gun (e.g., through a state agency
such as the National Guard) in favor of an individualist
interpretation of the Second Amendment more consistent
with the intentions of the Framers. More important, a few
state governments seem to be listening.
When writing the Constitution and Bill of Rights, the
Framers wanted to ensure that the citizenry at large
would be armed to protect their respective states against
foreign aggression or a tyrannical central government;
this was the general militia (as compared with the
select militia, which they greatly feared)
early statesmen were talking about when they wrote the
Second Amendment.
The Founders wanted to maintain a constant and
large supply of gunowners who could defend
liberty were it ever to be seriously threatened again.
Remember, these men had lived through the early days of
the American Revolution; they had seen the militia at
work on April 19, 1775, when armed farmers swarmed like
bees on an invading British army and sent it back to
Boston in tatters. Whatever their misgivings about the
militia replacing a conventional standing army, they knew
first-hand that a countryside full of armed citizens was
the greatest first line of defense.
Tench Coxe, a personal friend of James Madison (who with
George Mason co-authored the Second Amendment), summed it
up best when he wrote, Their swords, and every
other terrible implement of the soldier, are the
birth-right of an American. Such men would be horrified
to hear modern Americans claim that gun ownership was a
right only of government employees. For these early
Americans, one of the citizens first duties was to
own a gun if necessary, as a last resort for use
against government employees.
At the same time, the right of an individual to own and
use a gun to defend his home and property would have been
accepted as a given, not even worthy of discussion or
debate which is precisely why it was never
discussed, let alone debated, in either the
Constitutional Convention or early congresses. People
would own guns for the broad purpose of
security, as the Wisconsin court has
acknowledged. If someone wishes to argue that home,
state, or national security should be assigned orders of
importance, it doesnt weaken the case for an
individual right in the least.
Ever since the 2000 presidential election, many pundits
have been warning Democrats that gun control is a losing
issue. Many believe that key Democratic states such as
Tennessee and Arkansas, which should have been easy
pickings for Al Gore, were nonetheless lost because of
his anti-gun proposals.
In the same vein, these pro-gun victories in Alaska and
Wisconsin suggest that a minor groundswell is taking
place in our country. Even if most Americans are still
(mistakenly) prepared to support reasonable
gun control at the federal level, such as background
checks, they are also (wisely) signaling that such
measures should not be used to erode the general right to
own guns.
We may be a long way from abolishing all of our failed,
immoral, and unconstitutional gun-control laws, but this
years actions taken by the Alaska legislature and
the Wisconsin Supreme Court indicate that, however
slowly, the tide is finally moving in that direction.
Scott McPherson is a policy advisor at The Future of Freedom Foundation. Send him email.
|
Send to a friend
Printer Friendly PDF Format
Subscribe to FFF Email Update
Subscribe to Freedom Daily
|
|
|
|