by Paul Dame
Congratulations to our neighbors from New York!
This week the Supreme Court set a major and exciting precedent by striking down over 100 years of New York law when they found that New York’s pattern of restricting gun rights to its innocent and law-abiding citizens was unconstitutional.
One of my favorite quotes was from Justice Clarence Thomas:
“We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self-defense.”
The court has now echoed what many gun rights enthusiasts have been saying for decades – why is the Second Amendment so much more readily restricted than all of our other rights?
While this is an important win for gun rights everywhere, and could open the door to even more equal access to gun rights across states lines, there is still much more work to do before New York can enjoy the rights that we have here in Vermont with Constitutional Carry.
So Republicans must keep up the fight. That’s why I am spending almost all day tomorrow working with several of our House and Senate candidates on a full-day Training Boot camp – so that we can put more defenders of the Second Amendment and Article 16 into the statehouse.
The author is an Essex Junction resident and chair of the Vermont Republican Party.
Personally I am deriving great pleasure from seeing Gov. Hockel and other hopelessly urbane urbanite, liberals seemingly quake in heir collective boots over this decision. If the Governor of New York, and the rest of these ideologues would be honest, and admit the success of such laws in regards to violent crime in Maine, New Hampshire, and Vermont, they would be embarrassed by their ignorance of the facts, or the fact that they have been lying about the effect of concealed carry on violent crime. Either way, they don’t want their subjects to suspect that there is a whole other side to the coin that they have been holding.
Heller vs District of Columbia 2008 – The Second Amendment protects the individual to possess a firearm. https://www.law.cornell.edu/supremecourt/text/07-290
McDonald vs Chicago 2010 – Citizens are allowed firearms in common use, those small arms or those that operate like them and are issued to our National Guard which comprises of citizen soldiers. https://www.law.cornell.edu/supct/cert/08-1521
Caniglia vs Strom 2021 – Red Flag Laws are unconstitutional. https://www.law.cornell.edu/supremecourt/text/20-157
Under this ruling, of which I read most, the court opened the door for more unconstitutional rulings like magazine capacity. The issue is common use. Most modern firearms come with standard capacity magazines from 15 to 30 rounds depending on the firearm. These are firearms in common use under Heller. Mag restrictions are unconstitutional based on this ruling and Heller. There is no historical norm that shows that magazine capacity provides any community safety or any compelling evidence that enforces the argument. Liberals understand this but pass these laws knowing they have to work through the court system before they are overturned. This ruling, in my opinion is the start of returning the 2nd amendment to the status that it was written for: Shall not be infringed! The court has opined that activist judges and courts have made a mockery of an inherent right included as an individual right and listed as number 2 in the Bill of Rights. This is a welcomed decision for all of us who advocate returning to our founding documents and returning power to the people.
Vote republican to return our state to sanity. Vermont’s law prohibiting standard round capacity magazines is unconstitutional!