Gun Ownership – Right Not Privilege
Democrats continue to pass laws infringing the uninfringeable right to “keep and bear arms.” Count on that, as it happens over and over. Where does it end? From Maine to California, Democrat legislators and governors trample the rights of law-abiding gun owners. Thank God, for good judges.
Beyond the saving grace of sane, reasoned, reasoning, historically faithful Supreme Court justices, the federal bench is divided – in favor of Democrat appointees. While we hope political views are replaced by reading plain text and history after a lifetime appointment, that is not always true.
Luckily, judges exist with enormous integrity, understand their oath, no interest in being a legislator, governor, member of Congress, or president. They read the law, review history, and interpret. One such judge resides in Maine, Lance Walker. His recent 2nd Amendment decision is powerful.
Last August, Maine’s legislature – together with Maine’s Democrat governor – passed a bill that aimed, as so many Democrat bills do, to restrict gun rights. While not the constitutionally reprehensible “red flag law” – defeated by Republicans and citizen groups like AMAC – it was bad.
The law aimed to eclipse Second Amendment rights in Maine, specifically imposing a three-day waiting period for acquiring a firearm – on top of a background check. True, nine states and DC have waiting periods, and so far the US Supreme Court has not yet reviewed and repudiated them.
True, the US Supreme Court turned back challenges (in January ) to other Second Amendment restrictions, specifically by Maryland (waiting period, weapon style) and Rhode Island (magazine size). But the US Supreme Court is selective, as well as overwhelmed by cases on appeal.
Bottom line: The Maine federal district judge issued a preliminary injunction – blocking a transparent Democrat power grab. Finding: Plaintiffs are likely to prevail on merits, irreparable harm is likely for Mainers who need a firearm for self-defense, equities tip toward gun owners, and an injunction is in the public interest.
Maine Democrats, represented by Democrat Attorney General Aaron Frey, argued citizens may have a right to keep and bear arms, not to acquire them. The judge shredded that nonsense, noting no one can “keep and bear” without “acquiring.”
Nor does the Bill of Rights say your rights to speech, worship, gun ownership, or anything else kick in after 72 hours. If you interpreted the Bill of Rights that way, we would have “prior restraint” on speech, restrictions on when, where, and whether you can worship, and other nonsense.
Interestingly, Democrats are adept at finding ways to suspend rights and did so – as many Mainers will recollect – during COVID. Not only has “cancel culture” been afoot, but restrictions on gathering for prayer, which seem unthinkable, were pushed by Democrat lawmakers.
On guns, the recent ruling by Judge Walker makes clear a waiting period has no constitutional basis, offends the Constitution, and creates “indiscriminate dispossession” and “temporary disarmament.”
He continues, noting history does not support such restrictions, as there is “no suitable regulatory analog” to justify this limit on a right to keep and bear arms; it is not an “objective, narrow, or defined “ regulation. In short, this act is like “prior restraint,” indefensible and unconstitutional.
Interestingly, the Augusta, Maine Democrats – out of touch with their own State, like Maine’s Democrat Congressman Jared Golden who pushed for more gun control – argue waiting periods are justified by the Constitution notwithstanding, to stop the use of guns in suicides.
Perhaps surprisingly, I take things as they come, and think hard about what is right. I am a trained constitutional lawyer, litigated in multiple states, clerked on a US Court of Appeals for a Reagan appointee, and grew up with guns, from .22s to shotguns, was an NRA “safe hunter” at age 12.
I decided to look into suicides, not because that issue would cancel the US Constitution, but just to understand what was afoot. I learned more than I bargained for. Maine is – compliments of the Democrat lack of leadership – awash in mental health issues, drug addiction, and depression.
Much that should be right is wrong, businesses going bankrupt, taxes unsustainable, housing unaffordable, good jobs fleeing, education in collapse, families in distress, anxiety and suicide high.
But here is a fact no one talks about, further lying to Maine’s Democrats and their push to take away rights. Nationally, the top five causes of suicide are poisoning, cutting, gassing, hanging, and drowning – then guns. Should we try to stop suicides? Yes. Violate the US Constitution? No. ]
The recent ruling by Judge Walker, in Beckwith v. Frey, is solid jurisprudence. If leftist Democrats continue to go after Maine gun owners, they will find the US Supreme Court siding with Walker. Until then, maybe common sense is about to make a comeback. Guns are a right, not a privilege. Period.
Robert Charles is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR).
