Great article from Bearing Arms…
If you’re following any of the various media outlets this morning, you’re probably aware that the U.S. Supreme Court has just extended gay marriage to all 50 states.
The Supreme Court ruled Friday that same-sex couples have a right to marry nationwide, in a historic decision that invalidates gay marriage bans in more than a dozen states.
Gay and lesbian couples already can marry in 36 states and the District of Columbia. The court’s ruling on Friday means the remaining 14 states, in the South and Midwest, will have to stop enforcing their bans on same-sex marriage.
The outcome is the culmination of two decades of Supreme Court litigation over marriage, and gay rights generally.
You can peruse the full ruling here, but the meat of the activist Court’s over-long decision hinges on a single paragraph.
The Court used Section 1 of the Fourteen Amendment to justify their argument, which reads:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
By using the Constitution in such a manner, the Court argues that the Due Process Clause extends “certain personal choices central to individual dignity and autonomy” accepted in a majority of states across the state lines of a handful of states that still banned the practice.
The vast majority of states are “shall issue” on the matter of issuing concealed carry permits, and enjoy reciprocity with a large number of other states.
My North Carolina concealed carry permit, for example, was recognized yesterday as being valid in 36 states, which just so happened to be the number of states in which gay marriage was legal yesterday. But 14 states did not recognize my concealed carry permit yesterday.
Today they must.
Using the same “due process clause” argument as the Supreme Court just applied to gay marriage, my concealed carry permit must now be recognized as valid in all 50 states and the District of Columbia.
I’ll be driving through the District of Columbia, Maryland, New Jersey, and New York in several weeks, places that until yesterday I did not have a legal right to concealed carry. As of today, with this decision, it would seem that these states and the District must honor my concealed carry permit, or violate my constitutional rights under the 14th and Second Amendment.
God Bless America.
SOURCE :: Bearing Arms
Dywinski v. State Of New York was filed in in the NYS Supreme Court in Buffalo, NY. Follow the legal battle on our forums!
On November 6, 2012 Americans will go to the polls to vote for the next President of the United States of America. Either Barack Obama or Mitt Romney will win this contest.
It has become cliché, but this really is the most important election in our lifetime.
In the last few years, gun owners have celebrated two of the most important Second Amendment rulings the in our nation’s history. Heller v D.C. and McDonald v City of Chicago have set the stage for national reciprocity and the elimination of discriminatory “may issue” concealed carry laws. But we can lose it all and more in the blink of an eye.
Supreme Court Justice Antonin Scalia and Anthony Kennedy, both Reagan appointees are 76 years old. Ruth Bader Ginsburg is 79. Stephen Breyer is 74.Clarence Thomas is 64 and Samuel Alito is 62. Losing one vote in a 5-4 ruling means losing your rights. The next President will almost surely appoint one or more justices. Obama’s appointments Sotomayor and Kagan are openly hostile toward your rights, which are hanging by a single vote.
The last time our nation faces such a “generational election” was 32 years ago. In 1980 we had high fuel prices, economic uncertainty, dashed hopes for the future and problems in the middle east, including assaults on our embassies (which are American soil) where American’s died. Sound familiar?
We would decide to continue with the failed policies, weak leadership and appeasement foreign policy of President Jimmy Carter, or the bold, strong, “America is special” vision of Ronald Reagan. We chose Reagan, returned America to greatness, ended the cold war, and ushered in a period of prosperity that lasted nearly 30 years.
Other elections that set the course of our nation not just for years, but for decades, were the election of Dwight Eisenhower after WWII, and Abraham Lincoln. This year is another such vital election for our country.
While there are other candidates on the ballot, they cannot and will not win. Either Romney or Obama will win this election. A vote for anyone else is throwing your vote away.
I have voted for third party candidates. I have voted in primaries for candidates that have already dropped out of the race. I understand voting for the “best” candidate rather than one the big parties are pushing. There are times this is a great idea. But now is not that time.
Votes for Ross Perot enabled Bill Clinton to defeat George H.W. Bush in 1992. Votes for Ralph Nader enabled George W. Bush to defeat Al Gore in 2000. This year’s election is too critical to help the worst candidate win because you think the other candidate is “not good enough.” Failure to vote, or voting for other candidates, will result in supporting the wrong candidate.
Supreme Court Justices are appointed for life. This election will shape your firearms rights not just for a few years, but most likely for the next 20-30 years, and possibly longer. Cast your vote like your rights depend on it, because they do.
Jim Irvine is the Buckeye Firearms Association Chairman, and winner of the NRA-ILA’s 2011 “Jay M. Littlefield Volunteer of the Year Award.”
After nine years the United States supreme court refused to consider the case after a lower court struck down the suit in 2005. The decision in 2005 was based on the Protection of Lawful Commerce in Arms Act which bans most suits against the firearms industry unless the manufacturer knowingly violates state or federal laws. The lawsuit was the misguided attempt of Mayor Bloomberg to hold gun manufacturers accountable for the acts of criminals.
Read the NRA’s article about the events HERE.
Everyone, I hope, has heard about the Supreme Court case of The District of Columbia v. Heller, where a security guard has stepped up to say that the D.C. gun ban is an unconstitutional infringement on the Second Amendment, his right to bear arms.
The New York Sun has published that if gun enthusiasts are victorious in the supreme court case, laws in New York City may change. Currently in New York City to own a handgun, it would cost almost $1000 in fees and is a very lengthy process.
Unfortunately, Mayor Bloomberg has come about as a definite foe of the gun community, where he has pressed lawsuits against manufactuers and retail establishments across the east coast. Something that the people of NYC should consider when voting next 😉
While sometimes New York City seems like a completely different state when compared to the remainder of New York, the laws and actions regarding firearms in NYC can have a great impact on the rest of the state.
Personally, I think we, as gun enthusiasts, need to support the Second Amendment all across New York State, with hopes that we can fight these ridiculous anti-gun laws.