{"id":107676,"date":"2025-02-20T22:15:27","date_gmt":"2025-02-21T04:15:27","guid":{"rendered":"https:\/\/milesfortis.com\/?p=107676"},"modified":"2025-02-20T22:15:27","modified_gmt":"2025-02-21T04:15:27","slug":"107676","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=107676","title":{"rendered":""},"content":{"rendered":"

Gun Ownership \u2013 Right Not Privilege<\/a><\/p>\n

Democrats continue to pass laws infringing the uninfringeable right to\u00a0 \u201ckeep and bear arms.\u201d 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.<\/p>\n

Beyond the saving grace of sane, reasoned, reasoning, historically faithful Supreme Court justices, the federal bench is divided \u2013 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.<\/p>\n

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<\/sup>\u00a0Amendment decision is powerful.<\/p>\n

Last August, Maine\u2019s legislature \u2013 together with Maine\u2019s Democrat governor \u2013 passed a bill that aimed, as so many Democrat bills do, to restrict gun rights. While not the constitutionally reprehensible \u201cred flag law\u201d \u2013 defeated by Republicans and citizen groups like AMAC \u2013 it was bad.<\/p>\n

The law aimed to eclipse Second Amendment rights in Maine, specifically imposing a three-day waiting period for acquiring a firearm \u2013 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.<\/p>\n

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.<\/p>\n

Bottom line: The Maine federal district judge issued a preliminary injunction \u2013 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.<\/p>\n

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 \u201ckeep and bear\u201d without \u201cacquiring.\u201d<\/p>\n

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 \u201cprior restraint\u201d on speech, restrictions on when, where, and whether you can worship, and other nonsense.<\/p>\n

Interestingly, Democrats are adept at finding ways to suspend rights and did so \u2013 as many Mainers will recollect \u2013 during COVID. Not only has \u201ccancel culture\u201d been afoot, but restrictions on gathering for prayer, which seem unthinkable, were pushed by Democrat lawmakers.<\/p>\n

On guns, the recent ruling by Judge Walker makes clear a waiting period has no constitutional basis, offends the Constitution, and creates \u201cindiscriminate dispossession\u201d and \u201ctemporary disarmament.\u201d<\/p>\n

He continues, noting history does not support such restrictions, as there is \u201cno suitable regulatory analog\u201d to justify this limit on a right to keep and bear arms; it is not an \u201cobjective, narrow, or defined \u201c regulation. In short, this act is like \u201cprior restraint,\u201d indefensible and unconstitutional.<\/p>\n

Interestingly, the Augusta, Maine Democrats \u2013 out of touch with their own State, like Maine\u2019s Democrat Congressman Jared Golden who pushed for more gun control \u2013 argue waiting periods are justified by the Constitution notwithstanding, to stop the use of guns in suicides.<\/p>\n

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 \u201csafe hunter\u201d at age 12.<\/p>\n

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 \u2013 compliments of the Democrat lack of leadership \u2013 awash in mental health issues, drug addiction, and depression.<\/p>\n

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.<\/p>\n

But here is a fact no one talks about, further lying to Maine\u2019s Democrats and their push to take away rights.\u00a0 Nationally, the top five causes of suicide are poisoning, cutting, gassing, hanging, and drowning \u2013 then guns. Should we try to stop suicides? Yes.\u00a0 Violate the US Constitution? No. ]<\/p>\n

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.<\/p>\n

Robert Charles<\/a>\u00a0is a former Assistant Secretary of State under Colin Powell, former Reagan and Bush 41 White House staffer, attorney, and naval intelligence officer (USNR).<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Gun Ownership \u2013 Right Not Privilege Democrats continue to pass laws infringing the uninfringeable right to\u00a0 \u201ckeep and bear arms.\u201d 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 … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-107676","post","type-post","status-publish","format-standard","hentry","category-editorial-o-the-day","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/107676","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=107676"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/107676\/revisions"}],"predecessor-version":[{"id":107678,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/107676\/revisions\/107678"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=107676"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=107676"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=107676"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}