Ron Calzone’s Response to Constitution Party Concerns with Amendment 5

Posted: July 13, 2014 in Fire Arms
Addressing the three CP concerns:1) It’s clear that the anti-gun folks want to take our ability to USE our firearms, even if they can’t take the guns, themselves, away. Protecting things needed to effectively use them, like ammo and accessories, is a good addition to our constitutional rights. If we had not included “typical to the normal function of such arms” the opposition would still have been able to try to limit magazine capacity, etc.

2) “Any restriction on these rights shall be subject to strict scrutiny.” is probably the most important phrase in the amendment. We always have had laws restricting our God-given unalienable rights, and we always will. Some of those restrictions are necessary to any society, if you are going to respect and protect OTHER’S God-given unalienable rights.

For instance, I think most of us would agree that a law against slander (restricting someone’s free speech rights) would be appropriate. Likewise, we would agree that there should be legal consequences when someone deliberately lies about or misrepresents a product. If a filling station sold you “gas” that was really water, you would want him to be accountable for ruining your engine.

And I think most of us would agree that a law restricting target practice in a crowded urban neighborhood was an appropriate restriction of the right to keep and bear arms.

All of those things would pass the legal standard of review called “the strict scrutiny test”.

A law, however, saying you can’t own a gun if you live in a crowded neighborhood, or fire one in protection of your life or property, would not pass the strict scrutiny legal test.

The addition of that language to SJR 36 is a direct response to the modern courts’ tendency to “dumb down” our rights by applying “lesser” standards of review of laws restricting our rights. Increasingly, courts are redefining and diminishing our rights by applying something called “the rational basis test”. Learn more about it here: https://soundcloud.com/institute…/make-believe-judging-the and ://www.ij.org/…/other_pubs/neily_georgetown_journal.pdf

In sum, the strict scrutiny clause in SJR 36 is not at all opening the door for more infringements on our gun rights, but it IS forcing the courts to use the toughest standard of review when such unconstitutional laws are challenged.

3) With respect to the final clause, the current CP position is: “While many will see this language as reasonable, allowing government to determine who can possess firearms is fraught with unseen and unknown danger. Historical cases of governments using “mental illness” as an excuse to detain and imprison its citizens are many.”

Again, I think most of us would agree that the state SHOULD be able to restrict the rights of SOME people — those serving time in prison for murder, for instance. Such people have rightly lost the right to move about freely and to associate with whomever they choose. And they have also lost the right to keep and bear arms.

The language in SJR 36 builds new fences around the state’s ability to make those sorts of restrictions. For instance, right now a VA doctor can unilaterally make the determination that veteran is unfit to own a gun. With SJR 36, the individual gets due process — a court of law has to determine that he is a real danger before he loses any rights.

SJR 36 greatly ties the hands of the state and provides unprecedented protection to Missourian’s right to keep and bear arms.

 

Comments
  1. gene ballay says:

    Thank you for bringing these considerations to our attention

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s