The Second Amendment is the only one of the individual enumerated rights under the Bill of Rights that is ignored or violated by liberal local, State, and the government of the District of Columbia.
Emily Miller, an editor at the Washington Times has written a series of informative and thought provoking articles regarding her trials in acquiring a firearm in the District of Columbia. Emily Miller’s latest piece is about transporting weapons across State lines and the lack of uniformity in the application of federal law governing such transport by the individual. Federal law provides for transport of personal firearms across state lines. However, as Emily’s piece demonstrated, the law and the implementation by the States are two different things.
As with the rest of the rights enumerated in the Bill of Rights, the Second Amendment is a right endowed by our Creator that cannot be abridged or revoked by man. This fact makes our Constitution and rule of law unique in this world. In the United States, a citizen is a free man/woman whose rights are sacrosanct, and immutable, except in the case where one’s conduct demonstrates a threat to others. Only a felony conviction in a court of venue can suspend our rights to vote and to own and to carry a weapon. Note the term suspend, as rights can never be revoked. Unfortunately, there are those in government and in the general populace who believe that how they feel is the way things should be, thereby giving a basis for their assault on our Bill of Rights and, especially, the Second Amendment.
Our forefathers felt that owning a weapon was of such importance that they enumerated that right behind only free speech and freedom of religion. The Second Amendment is not less than, nor more than any other rights, except the Second Amendment guarantees the continuance of the Constitution and serves as a constant reminder to the federal government that there is a very real limit in its power over the governed.
As a popular slogan in support of the Second Amendment states, “The Second Amendment Protects the Rest.” And, yes, it does. Read any of the commentary and statements made by our forefathers regarding the importance of the Second Amendment:
“Firearms stand next in importance to the Constitution itself. They are the people’s liberty teeth keystone… the rifle and the pistol are equally indispensable… more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference. When firearms go, all goes, we need them every hour.” (George Washington in his address to the 1st session of Congress)
“Laws that forbid the carrying of arms. . . disarm only those who are neither inclined nor determined to commit crimes. . . Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” (Jefferson’s “Commonplace Book,” 1774-1776, quoting from “On Crimes and Punishment”, by Cesare Beccaria, 1764)
“The Constitution preserves “the advantage of being armed which Americans possess over the people of almost every other nation. . . (where) the governments are afraid to trust the people with arms.” — The Federalist, No. 46 (James Madison)
And then, there is the position expressed by those in opposition to the intent and purpose of the Second Amendment:
“Disperse you rebels; damn you, throw down your arms and disperse.” (His Majesty’s Major John Pitcairn’s, Commander of Advance Guard of British forces marching to Concord, MA, order to the American militiamen at Lexington, 1775)
“We can’t be so fixated on our desire to preserve the rights of ordinary Americans to legitimately own handguns and rifles…that we are unable to think about reality.” (Then Pres. Bill Clinton, USA Today, 11 March 93, pg. 2A)
“If I could have gotten 51 votes in the Senate of the United States for an outright ban, picking up every one of them ‘Mr. and Mrs. America, turn ’em all in,’ I would have done it.” (Sen. Diane Feinstein in a 60 Minutes episode, CBS; Note: Sen Feinstein holds a Concealed Carry Permit—another case of the hypocrisy of the left and of those in power.)
The benefit of revoking or compromising the Second Amendment by the regulation sought by the left?
“Those now possessing weapons and ammunition are at once to turn them over to the local police authority. Firearms and ammunition found in a Jew’s possession will be forfeited to the government without compensation Whoever willfully or negligently violates the provisions will be punished with imprisonment and a fine.” (Regulations Against Jews’ Possession of Weapons, 11 Nov 1938, German Ministry of the Interior)
We all know what happened to the Jews of Nazi Germany, many of whom fought for their country in WWI.
Those who ignore the lessons of history are bound to repeat them.
For those of us in Alaska, where our ownership and carry laws are now amongst the most conservative in the nation, and, I mean by ‘conservative’ that our carry laws are in accordance with the intent of the framers of the Constitution, as in without abridgement and with few limitations, the idea of transporting a firearm from Alaska into another State is daunting. Alaskans have three means of transporting themselves outside of Alaska: 1) commercial air travel, 2) the State of Alaska’s Marine Highway System, and 3) overland travel by road through Canada. Each presents its own problems when desiring to transport personal weapons.
It is possible to transport weapons by commercial air travel. They must be in a locked case and the airline must be notified in advance. Then, one has to meet the unconstitutional restrictions placed upon the citizen by the States one is traveling through or to. If one is involved in a transfer in New York, for example, requiring one to claim and recheck baggage containing the firearm, one can be arrested for illegal possession of a firearm without a permit.
Travel by personal vehicle outside of Alaska carries its own pitfalls. If one chooses to travel through Canada, then one can no longer just put the weapons in a locked container, have it sealed by Canadian Customs and be on one’s way. Canada no longer allows the carry of any weapon from Alaska to Canada or from the U.S. to Alaska across Canada. So much for our “polite, accommodating” neighbor who is well paid to maintain and to improve the Alaska Highway between the U.S. and Canada. Today, an Alaskan travelling Outside through Canada has to have one’s firearm shipped to a receiving Federal Firearms Licensee in the State of destination, or otherwise face the Queen’s justice.
The State of Alaska should work for a treaty that would allow U.S. citizens to once again travel with their weapons locked in a sealed case through Canada along the Alaska Highway corridor. If Canada refuses, then Canada can pay for the maintenance and improvements on a highway that benefits Canada as much as it does Alaska and the U.S.
Travel by Alaska Marine Highway System ferry is the most accommodating means of transporting a firearm, but one is still subject to the laws of Washington or Canada, depending upon the port of debarkation of your vehicle.
Unfortunately, traveling through parts of the U.S. is as restrictive as it would be travel overland through Canada with firearms. As Emily Miller noted, the federal law for transporting firearms across the States is not uniformly interpreted or enforced in the same manner by all States.
Conversely, the alleged right to view porn by homosexuals in a public library and abortion, and other so called “rights” not enumerated in the Bill of Rights suffer none of jeopardy of the law abiding citizen who legally transports personal weapons in conformance with federal law and Second Amendment rights.
Our Forefathers considered the Second Amendment to be paramount with respect to the preservation of individual liberty. Why then, is the Second Amendment not treated with the equality given the rest of the Bill of Rights, which violates the intent of the 14th Amendment?
The 14th Amendment was supposed to prevent discrimination and to require the State’s to honor the Bill of Rights.
It is time that our rights under the Second Amendment overrides a perception on the part of the left and becomes uniformly interpreted according to the Framer’s intent, and enforced by the various States with respect to the Framer’s intent without exception.
The State of Alaska should take the lead in such a struggle by undertaking a legal challenge in federal court, by lobbying Congress, and working with the various States with carry laws conforming to the Second Amendment’s intent in seeking the uniform protection of a citizen’s right to a uniform application of the Second Amendment as the framers intended so that carry from Alaska to any other State and within that State and back will not cause hardship, place one in needless jeopardy, nor result in an unlawful imposition of a liberal policy against the stated intent of the purpose of the Second Amendment and one’s right to carry. The Second Amendment, like the 1st, 5th, 9th and 14th should have equal weight in all States and the District of Columbia.
How does the Second Amendment apply to Alaskans?
“AS 26.05.010. Alaska Militia Established.
(a) The militia of the state consists of all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, who reside in the state, who are at least 17 years of age, and who are eligible for military service under the laws of the United States or this state.
(b) The militia is divided into two classes:
(1) the organized militia, consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force; and
(2) the unorganized militia, consisting of all qualified persons available for service but not serving in the organized militia.
(c) The adjutant general may, by regulation, prescribe the maximum age for eligibility in the militia.”
ALL ALASKANS ARE MEMBERS OF THE UNORGANIZED MILITIA.
For more information:
Hillsdale College’s Constitution 101 free online course: http://www.hillsdale.edu
Tenth Amendment Center: http://www.tenthamendmentcenter.com
National Rifle Association: http://www.nra.org
Second Amendment Foundation: http://www.saf.org
Emily Miller’s article: ( http://www.washingtontimes.com/news/2012/may/25/drive-across-america-armed/ ), also see her series at the Washington Times “Emily gets her gun”.
Quotes compiled found at http://whatreallyhappened.com/RANCHO/POLITICS/RKBA/2ndQuotes.php