{"id":119295,"date":"2026-10-18T06:34:44","date_gmt":"2026-10-18T11:34:44","guid":{"rendered":"https:\/\/milesfortis.com\/?p=119295"},"modified":"2026-10-18T06:34:44","modified_gmt":"2026-10-18T11:34:44","slug":"119295","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=119295","title":{"rendered":""},"content":{"rendered":"<p><a href=\"https:\/\/johnalucas6.substack.com\/p\/the-constitutions-red-headed-stepchild\">The Constitution\u2019s Red-Headed Stepchild \u2014 The Second Amendment.<\/a><\/p>\n<p>Recently, thanks to the invaluable <a href=\"https:\/\/instapundit.com\/\">Instapundit<\/a>, I read an <a href=\"https:\/\/www.shootingnewsweekly.com\/concealed-carry\/the-arrest-of-a-ok-guardsman-for-carrying-a-gun-shows-more-adult-supervision-needed-in-washington-dc\/\">article from <\/a><em><a href=\"https:\/\/www.shootingnewsweekly.com\/concealed-carry\/the-arrest-of-a-ok-guardsman-for-carrying-a-gun-shows-more-adult-supervision-needed-in-washington-dc\/\">Shooting News Weekly<\/a><\/em> (which I have since supplemented with other <a href=\"https:\/\/medvinlaw.com\/carrying-a-pistol-without-a-license-dc-22-4504-out-of-state-license-defense-lawyer\/\">research<\/a> and <a href=\"https:\/\/www.nraila.org\/articles\/20261012\/guardsmen-s-arrest-shows-dc-still-lacks-common-sense-proportionality-on-guns\">reading<\/a>), that describes what happened when a 22-year-old off-duty soldier, traveling in a Honda SUV in Washington, DC, was stopped by U.S. Park Police due to an expired license tag. The soldier, Jakob Noonan, is from Oklahoma and was only in DC because he has been mobilized as part of the National Guard safety task force sent to help protect DC and its residents. And his story illustrates all too well the hostility that some of our overseers harbor against those who desire to exercise our Constitutional right to protect ourselves in these somewhat dangerous time<\/p>\n<p>When the police stopped his vehicle, they spotted an empty pistol holster in the SUV and asked Noonan if he had a firearm in the vehicle. The young guardsman confirmed there was a firearm in the vehicle and that it was registered to him in his home state of Oklahoma, which is an open-carry state. But because he did not have a District of Columbia concealed-carry permit, the police decided to arrest and charge him under <a href=\"https:\/\/code.dccouncil.gov\/us\/dc\/council\/code\/sections\/22-4504\">DC Code \u00a7 22-4504<\/a> for carrying a firearm without a license.<\/p>\n<p>DC\u2019s penalties for a violation of \u00a7 22-4504 are draconian. A conviction carries a maximum penalty of five years in prison, a $12,500 fine (for first-time offenders), and forfeiture of his firearm to DC. The SUV in which the young guardsman was riding is also subject to seizure and forfeiture to the DC government. And a conviction would automatically trigger federal law, <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/18\/922\">18 U.S. Code \u00a7 922(g)(1),<\/a> which would make it unlawful for him to possess any firearm in any state, even in Oklahoma which issued his carry permit. Such a penalty would not require a separate court proceeding. It becomes automatic upon a conviction by the DC court. And a subsequent prosecution for violating <a href=\"https:\/\/www.law.cornell.edu\/uscode\/text\/18\/922\">\u00a7 922<\/a> carries with it fines of up to $250,000 and a <em>fifteen- year<\/em> prison sentence.<\/p>\n<p>All of that is quite a load of \u201c<em>justice<\/em>\u201d for a young National Guardsman, who was busted by the Park Police for honestly answering their question that he was in possession of a handgun, as authorized by his home state of record.<\/p>\n<p><!--more--><\/p>\n<p>Ironies and contradictions abound:<\/p>\n<ul>\n<li>These totalitarian-like penalties would be levied because one jurisdiction refuses to give \u201cfull faith and credit\u201d to the laws of another state which certified this man as being fit to exercise his Constitutional right to keep and bear arms.<\/li>\n<li>DC authorities recognize the validity of Noonan\u2019s Oklahoma driver\u2019s license, but not his Oklahoma permit to exercise his constitutional right to bear arms.<\/li>\n<li>Police are expected to exercise good judgment, tempered with common sense. They cannot and do not attempt to arrest every person they see who commits some sort of violation, particularly if it is not endangering the public.<\/li>\n<li>For example, every day police stop drivers for speeding or other violations and, when they think it is appropriate, exercise their good judgment and discretion to just give a warning instead of writing a ticket, much less arresting and cuffing the violator.<\/li>\n<li>There are no reported facts suggesting that Noonan was a threat to the public.<\/li>\n<li>Likewise, there is no publicly available information suggesting that Noonan was acting in a dangerous or aggressive manner at the time of his arrest. Rather, all reports show that he willingly answered the questions leading to his arrest.<\/li>\n<li>Guardsmen like Noonan are trusted by the government to carry both semiautomatic pistols and M4 rifles in DC to protect themselves and others.<\/li>\n<li>Noonan and other Guardsmen are in DC as part of the extraordinarily successful to help restore and keep order in the Nation\u2019s capital.<\/li>\n<\/ul>\n<p>This whole sorry episode should be tossed in the \u201c<em>No good deed goes unpunished<\/em>\u201d bucket. Or, if you prefer, you could dump it in either the \u201c<em>Lack of common sense<\/em>\u201d or the \u201c<em>Unfettered totalitarian instincts<\/em>\u201d buckets.<\/p>\n<p>The Second Amendment has long been the red-headed stepchild of the Constitution. But at least since the Supreme Court\u2019s decision in <em><a href=\"https:\/\/www.law.cornell.edu\/supct\/html\/07-290.ZS.html\">District of Columbia v. Heller<\/a> <\/em>where the Court overturned DC\u2019s ban on the private possession of handguns, <em>the times, they are a-changin\u2019<\/em>. So perhaps Congress will recognize that just because the right to keep and bear arms was the subject of the <em>Second<\/em> Amendment, it does not follow that it is a <em>second<\/em>-tier Constitutional right.<\/p>\n<p>So here\u2019s some more Bob Dylan:<\/p>\n<p><em>Come senators, congressmen<br \/>\nPlease heed the call<br \/>\nDon\u2019t stand in the doorway<br \/>\nDon\u2019t block up the hall<br \/>\nFor he that gets hurt<br \/>\nWill be he who has stalled<br \/>\nThe battle outside ragin\u2019<br \/>\nWill soon shake your windows<br \/>\nAnd rattle your walls<br \/>\nFor the times they are a-changin\u2019.<\/em><\/p>\n<p>There are other recent examples of police and courts\u2019 hostility toward the Second Amendment, even when its use saves lives. Stay tuned.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Constitution\u2019s Red-Headed Stepchild \u2014 The Second Amendment. Recently, thanks to the invaluable Instapundit, I read an article from Shooting News Weekly (which I have since supplemented with other research and reading), that describes what happened when a 22-year-old off-duty soldier, traveling in a Honda SUV in Washington, DC, was stopped by U.S. Park Police &hellip; <a href=\"https:\/\/milesfortis.com\/?p=119295\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/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":[50,8],"tags":[],"class_list":["post-119295","post","type-post","status-publish","format-standard","hentry","category-goobermint","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/119295","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=119295"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/119295\/revisions"}],"predecessor-version":[{"id":119296,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/119295\/revisions\/119296"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=119295"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=119295"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=119295"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}