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Gun rights advocates make progress
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In just the past month, gun rights advocates have managed to do the following, under the noses of the most radical gun hating administration at the federal level, and Jim Doyle and friends in Wisconsin.
One month ago, Attorney General J B Van Hollen said in a memo to law enforcement publicly what has been the law in Wisconsin since forever. Open carry is lawful and is not by itself, disorderly conduct.
His memo has (predictably) prompted talk at the Capitol of a bill to ban open carry. This is good. The people of Wisconsin passed an amendment in 1998 to protect their rights to bear arms for self defense and other lawful purposes. They have been prohibited from carrying a gun concealed for 137 years but since open carry is allowed, the states law and constitution worked well together. If open carry becomes prohibited, it will be impossible for anyone to exercise their constitutionally protected right and the Wisconsin Supreme Court will get to decide which (or perhaps both) law to overturn. This outcome will give some anti-gun democrats serious heartburn because they know your good judgement can’t be trusted (you did elect them after all) but it is not likely to stop them from trying to deny you your rights anyway. You can fix this problem at the polls.
There is also talk of repealing the states preemption law which says local jurisdictions can not create ordinances which are stricter than state law. Well, unconstitutional local ordinances will not stand either, and for the same reasons. This is an opportunity for a few people to sue for civil rights violations in federal court and redistribute some city’s wealth to them self.
The Ninth Circuit court decided the second amendment applies to the states through the commerce clause of the fourteenth amendment. This is the first court decision specifically applying the restrictions against infringing upon our individual right to keep and bear arms upon the federal government to the states.
One of the last actions the Bush administration did was to relax the possession of guns by those who have a permit to carry in federal parks; however a federal judge blocked this decision in March. Yesterday, 105 House democrats joined the republicans and passed legislation allowing gun owners to bring the weapons into national parks and wildlife refuges as long as they are permitted by the laws of the state in which the park is located. This is actually more liberal (if I can use the term) than the Bush policy. People in states who allow unlicensed open carry can also carry in Federal parks in those states. The bill is on its way to the President for his signature. Here’s more from the Washington post.
http://www.washingtonpost.com/wp-dyn/content/article/2009/05/20/AR2009052003613.html?hpid=sec-nation
I wonder what next month will bring?
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