Friday, February 22, 2008

It Doesn't Matter What Happens in the Heller D.C. Case

GunNewsDaily.com


It Doesn't Matter What Happens in the Heller D.C. Case
Ralph Weller
January 12, 2008

It's a dramatic headline, but from a legal standpoint it doesn't matter whether the D.C. case is a "win" or a "loss" for Second Amendment rights. Because, regardless of the ruling, the floodgates will open with Second Amendment lawsuits at the state level the likes of which we haven't seen in the history of this country. If you are a Second Amendment advocate, the next few years may be some of the most exciting years of your life from a constitutional rights standpoint.

But, the Heller case is only the beginning. If it's a win for Second Amendment supporters, there may be significant ambiguity in the decision. California, New York, Maryland and Illinois among other state level Second Amendment organizations will file lawsuits to force compliance with the Supreme Court ruling. Liberal states will not willingly comply. Liberals never do unless it's to their advantage. Otherwise, they will simply ignore the ruling.

If it's a loss, and ends up being more of states rights ruling, again, there will be huge efforts in certain states, California included, to obtain gun rights with a state constitutional amendment or via state court rulings. In some cases legal efforts might have to be mounted just to save what little we have. We doubt the Supreme Court will rule that only state militias may be armed, but you never know these days. If the Supreme Court can find that abortions are protected by the Constitution, as crazy as it sounds, they could easily find that the Second Amendment doesn't apply to individuals. It's illogical, I know, but it is a possibility.

2008 will most likely be the best opportunity since our founding as a nation to help clarify exactly what constitutional right citizens have when it comes to firearms ownership. But, it is clear in conversations with legal experts, and they all agree, the legal fight will only begin after the Supreme Court issues its ruling.

Don't kid yourself into believing that when the Supreme Court issues its ruling, let's say in favor of an individual right to own a firearm, that California will immediately comply and gut their gun laws that conflict with the ruling. Here are some examples:

If it is ruled a constitutional right, one must then question whether the state can charge a fee every time you purchase a firearm. Government cannot charge money to exercise a constitutional right.
If it is ruled a constitutional right, can California limit purchases to one gun per month?

If it is a constitutional right, can they call a semi-auto rifle an 'assault weapon' because it's black, while not banning other semi-auto rifles?
If it is a constitutional right, can the state ban the sale of certain rifles to the public, while allowing others to continue the right to own those rifles, if they pay a fee?
If it is a constitutional right, can the state say you can no longer sell or transfer your rifle to another person or family member, ever? And, if you die, can the state force your next of kin or executor of your estate to turn them in for destruction?

If it is a constitutional right, does the state have a right to register your handgun at the time of purchase?

If it is an constitutional right, can the state establish arbitrary testing methods to deem certain firearms 'unsafe' and non-sale able in California, while allowing state agencies, military, and law enforcement the right to to issue those firearms to their personnel?

If it is a right, can California ban the ownership of a semi-auto rifle simply because the caliber exceeds an arbitrary size?

If it is a right, and people in general are viewed as the militia, can the state ban the sale and ownership of fully automatic firearms used by the military and law enforcement?

And, here's a big one; If it is ruled a constitutional right, what powers, if any, do the states have to regulate the sale and ownership of firearms? If you are a strict constitutionalist, the state has no right to be in the business of regulating or limiting firearms ownership, or regulating the sale of firearms for the purpose of restricting ownership. That then becomes the business of the federal government to protect Second Amendment rights, not limit it.

Again, using the Supreme Court ruling on abortions, (and no, we are not making a statement about whether abortion is right or wrong, but it is a case that shows the opposite extremes of the law) if the court can find it is a constitutional right as was found in Roe v. Wade, the states have no say in banning abortions, and limits their role in regulating them. Roe v. Wade overturned all state and local laws on abortion bans. It would then stand to reason that state and local governments have no authority to limit a constitutional right to firearms ownership and would limit their role in regulating their sale and ownership to some degree. But stranger things have happened.

Those questions, along with others, may end up in court in California as a result of a positive Heller ruling at some point in the future.

Unfortunately, it takes money and the best constitutional minds money can buy to carry the fight throughout the balance of 2008 and the next several years.

If you're a regular to Gun News Daily, we are not known to pander for money. That's not our style. You know best where to put your money with an organization that you feel best serves your interests. But, the Heller ruling will be special. It will be a defining point for state gun rights organizations. Despite the power of the NRA, GOA, SAF and other national organizations, they can't pursue all the state level lawsuits that must be filed. They simply can't afford it, nor do they have the legal resources to mount state level lawsuits across the land. This is where state gun rights organizations will pick up the ball and run. And, despite everything you hear, state gun rights organizations fight more legal battles at the state level than the NRA could ever handle. Sure, the NRA helps on some lawsuits, and takes the lead in others. But state organizations generally go about their business challenging gun laws at city, county and state venues, and you never hear about it. I hate to say this, but the NRA is very good at taking credit for their battles, while state organizations tend to stay pretty quiet about their conquests. They just don't get the credit they deserve, in any state, especially California.

If there was ever a time to get into the fight, there is one place you can put your money where you know it will be used to fight the upcoming legal battles in California. It's the California Rifle & Pistol Association. I urge each of you, member or not, to at least donate a sum that you can afford. If you're not a member, $22 a year to join is a cheap price to pay. If you don't live in California, you can join and donate. California gun laws are so convoluted and extensive, a positive ruling which starts in the California court system can most certainly have a positive or negative impact in your state. Don't think this is just for Californians. It's for everyone who cares about gun rights. Case law in one state can often be the foundation for rulings in other states.

And, here's the really good news. CRPA retains the brightest constitutional attorney in California, and possibly the United States, who is nationally recognized as an expert on Second Amendment rights. He is the attorney that fought San Francisco's handgun ban law last week in court representing CRPA, NRA, and other groups, and won. Chuck Michel and his law firm are the pit bulls of the legal world when it comes to civil rights. They know what they're doing and they have successfully stopped literally hundreds of onerous laws and restrictions at the state, county and city level within California over the past several years. We are very lucky to have a civil rights attorney so dedicated and knowledgeable living and working in our state.

If CRPA is to carry the fight forward, they need your support. Frankly, Gunowners of California is a great group as well. If you have some kind of problem with CRPA, give to Gunowners, but please give something to someone at the state level. CRPA is my organization. It's where I hang my hat. They're the biggest, with legal resources and a full time legislative advocate in Sacramento.

This will all be a very costly legal battle. But, there is power when hundreds, thousand or even tens-of-thousands take action in a small way. If ten thousand out of the estimated 10 million gun owners in California join CRPA at $22 a year, thats $220,000 a year. That's a lot of money to any state organization and a good start in launching a couple of major legal battles.

Each of us have an opportunity to not just read about history as it happens, but to help change it. So take advantage of it. Historical moments in time are very rare when it comes to constitutional rights. Millions upon millions of Americans have been born, lived a full life, then died, while never seeing a Second Amendment case go to the Supreme Court. That is how rare this case is.

I urge you to donate or join CRPA, or both, but please do something. Money is needed and legal preparations for the upcoming battles are already underway. CRPA is way ahead of the curve on this because they know what is coming after Heller is history. But it needs to start today, and it needs to start with each of you. Don't be afraid to donate multiple times throughout the year. If you can afford it, donate a small sum monthly. Every donation, no matter the size, whether it's $10 or $100 is important. Use your credit card, debit card or send a check. Please donate to change history.

If you want to drop me a line to let me know you joined or donated, I would be delighted to hear from you. You can contact me at rweller49@yahoo.com. I look forward to hearing from you. And pass this page along to your shooting friends and other gun rights activists and let's start building momentum for the future.

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