SCOTUS tackles 2nd Amendment case will it be; the shot heard round the world?

In 2nd Amendment, Black Coffee Perspectives, Constitution, Current Events, Patrick James, Patrick James by Patrick JamesLeave a Comment

On November 3rd, the Supreme Court heard oral arguments regarding how “the right of the people to keep and bear arms” relates to government controls over its people. The case, New York State Rifle & Pistol Association v Bruen involves a 108 year old handgun licensing law in New York state. The motion, filed on December 17, 2020 has many gun-control proponents worried. If  the Justices side with the challengers (Robert Nash and Brandon Koch) it would not only change licensing in New York state, but also gun-control laws in other states and cities across the country.

Both sides in this case agree that the Constitution protects the right of an individual to carry a firearm outside of the home for self-defense purposes, but have differing views on how many restrictions the government should be able to place on that right. The court’s decision will become a major ruling on gun rights, but having very few cases to guide in its ruling; 2008: District of Columbia v Heller and 2010: McDonald v City of Chicago, both upholding the rights of the individual and that not only the federal government must uphold it, but states must as well. Their decision will hinge on their individual views on the Constitutionally protected, natural-born right to self-protection.

Justices have said little else about the scope of the 2nd Amendment, barring their decisions in 2010 and specifically on the right to carry a handgun outside the home. In 2019 they did hear oral arguments regarding the transportation of handguns outside the city, but sent it back down to the lower courts after the city changed the rule. In particular to this case, Justice Kavanaugh, urged his colleagues to take up another gun rights case soon, and shortly thereafter the 6 – 3 conservative majority bench did exactly that in April 2021.

This case tackles the long standing Sullivan Act of 1911, in which NY State began requiring licensing for New Yorkers to possess firearms small enough to be concealed. Even private possession without said license was a misdemeanor, but carrying them was and still is a felony. The act was named after Senator Timothy Sullivan, a well known and extremely corrupt Tammany Hall Democrat politician who amassed a small fortune as a career politician.

As the state of New York continues to defend its right to regulate licensing based solely upon their discretion. We can see with the inception of this law, that corruption dictated the terms regulated by the 2nd Amendment, by limiting who could or could not exercise that right. In our opinion (Cold Dead Hands and it’s creators) it is past time to revisit the originalist ideas and intentions of our Founders when they created our Constitution and reiterated those protections via the Bill of Rights. We believe that with the three newest Justices – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett (all appointed by Donald Trump) there will be a much more “originalist approach” on 2nd Amendment rulings in the future.

These are the things Cold Dead Hands has been preaching about for the last 10 years. This is how We the People make a difference and reclaim our rights from the overbearing tyrant’s control. This could be the moment that many federal gun control laws could start to crumble and fall, as our Justices start tackling the hard stuff. If they rule in favor of the original intentions of our Founding Fathers, we may find ourselves a better tomorrow for We the People. If that is what We want, then we must do it in the same manner as it was taken away, or our rights will continue the pendulum swing into oblivion as dissenting opinions change with each incoming administration.

We the People are staring into an abyss at the moment, but there seems to be some light at the end of our tunnel. That light is held in the hands of originalist Justices and their decisions on the aforementioned case. I will leave you with some parting quotes regarding gun control and gun rights in the United States. You decide which side you fall… but decide wisely.

“We can ban assault weapons and high-capacity magazines in this country once again,” Biden said. “I got that done when I was a senator. … We should do it again.”  Joe Biden wants create more federal laws and statutes and says it here.

“Notwithstanding the military establishments in the several kingdoms of Europe,” Madison wrote, “which are carried as far as the public resources will bear, the governments are afraid to trust the people with arms. And it is not certain, that with this aid alone they would not be able to shake off their yokes. But were the people to possess the additional advantages of local governments chosen by themselves, who could collect the national will and direct the national force, and of officers appointed out of the militia, by these governments, and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned in spite of the legions which surround it.” – James Madison; Federalist No. 46

There is ample evidence from various letters, speeches and state conventions during the 18th and early 19th centuries that illustrate that the Founders believed the Second Amendment protects individual gun rights and that those rights are important for stopping tyrannical governments, including the federal government. Thus, to believe that the federal government has the right to create any laws or statutes regarding our right to keep and bear arms in any manner, is contradictory to the intentions of those who built the foundation of our Nation.

There is also ample evidence that many politicians over the years have attempted to usurp that power via federal laws and statutes. If any gun control laws fall, it should be all of the federal laws passed since the founding of our country. Our federal government does not have the authority to usurp the rights of the people via federal law. That includes (but is not limited to);  freedom of speech, freedom of religion, freedom of the press, taxation of our labors and the right to keep and bear arms. It’s time the people become truly “woke” to the slow death by a thousand cuts that has and is being perpetrated by our federal government.



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