Issue Position: The Second Amendment

Issue Position

Date: Jan. 1, 2012
Issues: Guns

Can there be any doubt that American gun rights are under assault? It may not be a direct assault against our constitutional right to bear arms. No, it's more like a legislative end-run around the Second Amendment.

The Second Amendment of the US Constitution says: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

There are some at the highest levels of government who would gladly infringe on that right.

"We're here to tell the NRA their nightmare is true! We're going to hammer guns on the anvil of relentless legislative strategy. We're going to beat guns into submission!" -- New York, Rep Charles Schumer.

"I don't care about crime. I just want to get the guns." -- Ohio, Sen. Howard Metzenbaum.

California leads the nation in legislation intended to drive all guns and gun dealers out of the state. If a direct assault on the Second Amendment won't work, the next best approach is a legislative end-run, saddling law-abiding gun owners and dealers with layers of bureaucracy. And, the strategy seems to be working.

Federal courts ruled states can enact reasonable gun regulations. At what point, though, does reasonable regulation cross the line and infringe upon our constitutional right to keep and bear arms? That's the million dollar question.

California currently has over 650 firearm laws on the books, with more on the way. New legislation includes a requirement to have a permit to buy handgun ammunition and severe restrictions on the transfer of ammunition (no more than 50 rounds transferred per month), the banning of the sale of firearms and ammunition at the Cow Palace, and the repeal of statewide preemption statutes to allow cities, counties and other such localities to enact their own forms of regulations on handguns.

Guns don't kill people; people kill people. All the laws in the world won't stop bad people from doing bad things, with or without guns. If guns aren't available, the weapon of choice would be a knife, a club, a rock, and even one's bare hands. Should we regulate all these things like we do firearms? I think not.

We must send criminals a clear, consistent message that if they commit a gun crime they can count on a very long prison sentence without possibility of parole. Punish criminals and leave law abiding gun owners alone!

I support a moratorium on any new gun regulations in California. We need to determine if current laws are truly working to reduce crime and improve public safety. If not, then we ought to get rid of them.

I'm also calling upon the California legislature to enact legislation similar to Florida's 'Castle Doctrine'. This doctrine, among other things, presumes that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm and you have the right to use any manner of force, including deadly force, against that person. It also provides that you cannot be prosecuted or sued for using such force. Such commonsense legislation is long overdue in California.

George Washington, showing great wisdom and foresight, defended our precious right to bear arms:

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government."

If we allow our Second Amendment right to be infringed, one can't help but wonder what might be next. The right to freely assemble? The right to free speech? The right to religious freedom? I'm not prepared to give up any of my constitutional rights without a good fight. Are you?

God bless you and God bless the United States America.


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