Skip to comments.

Posted on 11/20/2001 9:40:19 AM PST by 45Auto

Seems like everybody now knows that the pro-2nd Amendment crowd has won the Emerson debate. And it seems like baby-boomers and post-baby boomers have experienced a lesson in what the Founding Fathers meant by saying that the “whole people” was the militia. And it seems that it is clear to all Americans what the 2nd Amendment meant when it said that its purpose in existence was to ensure “the security of a free state”.

How do we know that America has learned a lesson here? The barometer of every cultural shift in priorities seems to be able to be measured in material, capitalistic terms. I am of course referring to the fact that gun sales and Concealed Carry Permit applications are on the rise nation-wide. That means more gun owners. That means more people using guns for self-defense, as was their intent when purchasing them. And now we have the Emerson ruling reinforcing in law what September 11th has taught through a victim experience.

Yeah, so. Now what?

Well, the answer to the “now what?” question seems to be a series of fund raising letters from the national offices of the NRA.

Let’s see. So far I’ve received the Publishers-Clearinghouse-cloned NRA Sweepstakes appeal letter. I have also gotten the appeal letter for the “help our boys overseas” Contract With America’s Armed Services from NRA-ILA’s James Jay Baker (to protect the GI’s voting rights no less). And the latest is the creation of the James Madison Brigade Internet Library in support of 2nd Amendment history and knowledge.

Huh? Did I miss the important priorities here?

I am sure that a lot of NRA members enjoy the sweepstakes. Fine. I am sure that we all want our GI’s to vote. Fine. And I am sure that we could all use a new 2nd Amendment database-web site to help kids learn about the RKBA. Fine.

But are those things as important as:

Ø Vigorously pursuing a national concealed carry policy and getting it into law to protect our citizens?

Ø Vigorously going after 2nd Amendment civil rights violations at the highest levels of government?

Ø Holding civilly accountable public officials who would violate our civil rights?

In the first case, consider that Pennsylvania, Kentucky, and Florida just announced a precedent setting agreement recognizing each state’s CCWs. NRA HQ is not as vocal as it could be if it is in fact supporting efforts in organizing a National CCW policy and seeking to expand this newly announced agreement to include other CCW states. I hardly ever hear the NRA-ILA talk about national CCW objectives, yet that is the number one legislative issue on the minds of gun owners across the US.

In the second case, where is the equal protection of the 14th Amendment in providing all US citizens the protection of 2nd Amendment rights under the law? Here in California for example, CCWs are only dispensed to the rich, the powerful, and to political contributors. The average Kentucky Joe has a right to defend his family, but the California Joe does not. Tough luck? I contend that it wouldn’t be if the NRA took the lead and pursued a civil class action law suit on the part of denied applicants in Federal Court. (See the Jim March section of CALNRA.ORG)

What about this new California handgun-licensing scheme? Citizens in Arizona don’t need the state’s permission to buy a gun, but if you are from CA, you do. And the law is an open-drawer full of sharp knives. It was purposely created so that it can be amended to demand future, conditional state-required permissions complete with fees, taxes, residential inspections and other civil rights violations.

The California Attorney General has publicly stated-- and still maintains after the Emerson ruling-- that the 2nd Amendment is a state power. There is no individual right to defense in his mind. In fact it is quite the opposite: he supports the creation of victim disarmament zones whenever and wherever he can. And he selectively enforces the law as he sees fit.

If the Attorney General of the State of California publicly stated that he personally interpreted the law to mean that blacks should be segregated or women should not vote, and vowed to “enforce” the law based upon his view of the law; the man would be run out of town. And personally sued for every violation of Federal law.

And yet public officials like him all across the US are given a pass as they continually violate civil liberties in their enforcement of these constitutionally unjust gun laws.

And why do they continue to do this? Because no one is taking them on. Where is the advocate of the gun owner in the courtroom? Where is the Judicial Watch of the average gun owner? Is it the NRA? If so, tell me where I am wrong, because I don’t see the vigorous desire to hold these people accountable.

Granted the NRA is very big on its ballot box presence and its influence as a lobbying power in Washington DC. (Thank God !) But they (we) have always been soft in the courtroom. And our opponents have won many anti-gun battles in the courtroom. It is time to turn our attention to the courtroom, and start winning. We won in Emerson. It is time to use Emerson to win other battles.

As to the third point, I guarantee you it would only take a few civil law suit convictions of local and state politicians, being held personally responsible to shake up the whole California CCW-denial racket. Let there be a class action law suit against the state every time a citizen is injured, shot, raped, or murdered as a result of having been denied the right to protect themselves by a license-withholding bureaucrat. You will then see change.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.