Jim Bratten
Speaking for the majority in New York State Rifle and Pistol Association, et al. v. Bruen, Superintendent of New York State Police, et al. – the first major gun case the Supreme Court (SCOTUS) has taken in over a decade – Justice Clarence Thomas said:
“We… now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home…
“Because the State of New York issues public carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.
“The constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’ We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.
“That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.
“In sum, the Courts of Appeals’ second step is inconsistent with Heller’s historical approach and its rejection of means-end scrutiny. We reiterate that the standard for applying the Second Amendment is as follows: When the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.
“All that we decide in this case is that the Second Amendment protects the right of law-abiding people to carry a gun outside the home for self-defense… and that the Sullivan Law [of 1911], which makes that virtually impossible for most New Yorkers, is unconstitutional.”
Of course, Biden’s Department of Justice plans to ignore this ruling. ABC News tweeted a statement from the Biden DOJ that it will disregard the SCOTUS decision in NYSRPA v Bruen. It backs the New York anti-gun regime in New York over legal gun owners.
Democrat Senator Chuck Schumer stated, “With this far out-of-the-mainstream and dangerous decision that flies in the face of overwhelming public support for rational gun safety measures, it’s no wonder the public is increasingly losing faith in the Roberts Court,” as he ushered an overreaching gun control bill through the Senate.
As this 6-3 ruling by the SCOTUS was being delivered by Justice Thomas, Democrats in Congress were busy passing that massive gun control package with the assistance of 15 Republican senators. While the SCOTUS reinforced our Second Amendment rights, legislators from both parties in Congress schemed to whittle away those rights.
The “Safer Communities Act” (S. 2938) is the most expansive federal gun control legislation in nearly 30 years. Many senators interviewed have said they did not have time to read the bill, receiving it from Democrat Majority Leader Chuck Schumer less than an hour before the vote to advance it. Senator Josh Hawley (R-MO) voted against S. 2938: “Here we are voting to move on a bill negotiated entirely behind closed doors, released only an hour ago, that no one has had time to fully read, that ignores the national crime wave and chips away at the fundamental rights of law-abiding citizens.”
Of greatest concern in this legislation is the Byrne-JAG grant program, providing $750 million in funding that incentivizes states to adopt “red-flag laws,” basically orders to confiscate legal firearms from citizen gun owners without due process. Red flag laws can be abused by government authorities to disarm political opponents and violate First, Second, Fourth and Fifth Amendment rights. With this bill as law, Congress will pay states to do what they constitutionally cannot do or refuse to do.
In every case where a state has instituted a red flag law, due process has not been upheld. Often, individuals are even denied the right to a lawyer and the ability to present arguments in their own defense. Constitutional rights must not be so carelessly violated. The measure passed the Senate 64-34; all 34 “nays” from Republicans who likely understand what the Democrats are up to with “red flag” laws. Joe Biden signed S. 2938 into law on June 25. Have no doubt; Democrats WILL weaponize red flag laws at every opportunity.
Thank Justice Thomas for his clarity and courage. But Republicans in the House and Senate who voted for this bill have explaining to do concerning their oaths of office; why those oaths were not honored concerning the Second Amendment, and why they granted more power to a politicized DOJ.
Hoosier Patriots, Inc. is an educational and organizational non-profit for restoration, preservation and defense of the Constitution. We provide conservative commentary on public policy and government action across a variety of issues concerning the well-being of the republic. For more information go to www.vc-tpp.org or subscribe to the newsletter at hpnw.jimb@gmail.com.
