Friends and neighbors,
Last week, I discussed the First Amendment and the important freedoms that it contains. And this week, I will highlight the Second Amendment of the Bill of Rights.
This right guaranteeing the Second Amendment was not a new issue for the Founders. They had lived through the mid to late 1700’s when King George III tried to disarm the colonists. This led many states to later adopt provisions in their state constitutions protecting the right to keep and bear arms, both for self-defense and militia-related purposes. In addition, the English Bill of Rights of 1689 gave some citizens “the right to have arms for their defense”. The Founders were well aware of this crucial right.
The Secondment Amendment reads:
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.
The Second Amendment has been the subject of much debate and conversation recently. The school shooting that recently took place at Robb Elementary School in Uvalde, Texas is horrific, and I fully condemn this senseless act of violence. However, removing all guns from individuals, as some have proposed, leaves them defenseless against criminals who are already lawbreakers. And it is a policy incompatible with our Constitution.
The Supreme Court, however, has made it clear that this right does not prohibit limits on firearm ownership by felons or the mentally ill. This too has led to many conversations as to how long should a felon, who has completed the sentence for a crime, to be denied the right to use a gun and defining “who” is mentally ill. Our Constitution still generates lively discussions.
However, when compared to most other areas of the law, the U.S. Supreme Court has few recent cases to guide its ruling on the 2nd Amendment. So, the debate continues with gun control advocates arguing that the Second Amendment does not apply to personal weapons that are unrelated to militia service. And gun rights supporters arguing that the Second Amendment provides an individual right to keep and bear arms, regardless of its connection to militia service. I agree with the latter position.
After decades of uncertainty throughout the country and numerous legislative or local government actions, the Supreme Court decided a landmark case in 2008 that addressed head-on what the Second Amendment means. In District of Columbia v. Heller, Justice Scalia wrote for the majority of the Court holding that the Second Amendment protects an individual’s right to possess a firearm unconnected with militia service. Justice Scalia’s opinion can be found here.
Additionally, two years after the Heller decision, the court confirmed in McDonald v. City of Chicago that the states – and not just the federal government – must respect an individual’s right to keep a gun in the home for self-defense. Yet in the 11 years since McDonald, the Supreme Court justices have said little else about the scope of the Second Amendment, and in particular the right to carry a handgun outside the home.
Recently, though, the Supreme Court has taken up the New York State Rifle & Pistol Association v. Bruen case, which was argued in November of last year. The Court is currently deciding whether the Second Amendment is violated by New York’s law requiring applicants for unrestricted concealed-carry licenses to first demonstrate a special need for self-defense. This issue was brought forward after Robert Nash and Brandon Koch challenged the law after New York rejected their concealed-carry applications based on failure to show “proper cause.”
While this decision is still pending and expected sometime in June this year, what is certain is that the Second Amendment remains to this day a cornerstone in our Bill of Rights and the fabric of this nation.
The right to keep and bear arms is an individual right that I have always supported here at the Legislature through my votes and support at all levels. I especially value the “shall not be infringed” part. For more information on the Secondment Amendment, check out this essay on the Heritage Foundation page, here. And the Heartland Institute, here. The right to keep and bear arms is one of very few protections citizens have against the possibility of tyranny in our government. The best protection is your vote for those who uphold all our rights and freedoms embodied in our Constitution.
Next week, I will write about the Third Amendment, the right to be free from quartering troops in your home. That has an interesting history.
I enjoy hearing from you about our Constitution and the rights it affords us. You can call me at 651-296-5655 or send me an email at sen.mary.kiffmeyer@senate.mn. Please also take time to talk with others about our timeless and incredibly valuable Constitution.
Sincerely,
Mary
BREAKING NEWS – FIRST AMENDMENT: Supreme Court rules Maine tuition program violates First Amendment for excluding religious schools