McDonald Victory – what does it mean?

First off, this is an extremely exciting era of modern history to live in from the firearms perspective. We have seen a gradual restoration of one of the fundamental rights of Americans.  It started with the restoration of concealed/open carry rights. It became codified 2 yrs ago with the Heller decision which finally attested to the fundamental nature of the 2nd Amendment.   Now we have gained incorporation, the recognition that the right is so fundamental and natural that the states do not have the right to trample it.

But what does this really mean? Can we just sit back and sit on our merits?  Is the fight over?  Is this “Victory”?

Not even close. If anything, this is a escalation of war.  I expect to see more numerous and more intense battles with regards to our 2nd Amendment rights.  McDonald has in fact opened the door for more conflict.  We will now see numerous battles regarding the subtlety of our rights.  What limits states and municipalities can apply against our rights.  Which are tolerable (violent felons prohibited) and which are intolerable (one gun limits).  We have the potential to achieve dramatic gains over the next few years. But if we’re not careful and dauntless the we could find ourselves under greater restrictions. (If a court ruling says that Chicago’s 1 handgun limit does not violate the 2nd Amendment, how many other cities will follow suit?)

But here is the key effect of the McDonald decision. One, it opens up the gates to allow us to confront these issues. Now having standing on a decision that says this is a fundamental right, and any infringement must be reviewed by the courts. (Rather than merely being dismissed without cause by the lower courts as has been commonly done in the past.)  Second, it puts the ball in our court. We finally get to move into the offensive.  Because now that our right is affirmed we have the stronger base position.  Both of these aspects are significant positives for our movement and the cause of liberty.

But neither mitigates the need to be vocal and stand in support of our “last” right.  A right of significant importance.

The NRA refers to the right to keep and bear arms as our “First Freedom”. I am of the opinion that a more apt description is “Our Last Right”.  The right to keep and bear arms, to defend our lives against tyranny and villainy is in fact our final right. It’s the one we hold onto until our dying moment.

McDonald is a step in strengthening that right; which in itself is a deterrent against needing to use it.

Snowflakesinhell has some good commentary on the decision:

http://www.snowflakesinhell.com/2010/06/28/live-blog-the-decision/

http://www.snowflakesinhell.com/2010/06/28/scalias-concurrence/

http://www.snowflakesinhell.com/2010/06/28/thomas-privileges-or-immunities-opinion/

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Published in: on July 1, 2010 at 8:21 pm  Leave a Comment  
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