Tuesday, July 24, 2012

Allowing our Amendments to be Picked Apart Piecemeal

As part of the expanding State there have been encroachments upon our rights - even ones formally listed in the Constitution and even among those in the Bill of Rights.  A couple of examples include on public schools the creation of 'free speech' zones even though with the first Amendment the country is a free speech zone; the Patriot Act violating numerous Amendments, most notably removing due process; one more in particular is how gun control laws violate the second Amendment.  I do not mean that there is a blanket policy being created (though there is that as well), what I'm referring to is how various municipalities are violating the second Amendment; this is not something that they are trying to do - it is something that has been done and is already law.

If we look at any Amendment in the Bill of Rights we'll see that there are not local separations from other Amendments.  In Utah it is not required by law to be a Mormon violating the first Amendment; in Miami, FL it is not required by law to make jaywalkers have their feet bound and have to pay a $10,000 fine violating the eighth Amendment; the same is true for any place that by law they can ignore due process, put a defendant in double-jeopardy, restrict the press or force citizens to house soldiers as each of these violate various Amendments.

With our not allowing other Amendments to be broken down and accepted as some elected officials say we may enjoy our rights, why do we allow it with the second Amendment?  The second Amendment has been broken down into various components on what is allowable in one part of the country against another part: is this a gun free zone?  Where am I allowed to carry a concealed weapon? (there isn't a concealed restriction in the second Amendment, but they had pistols and jackets back then as well).  Where (why) do I have to register my firearm?-what if I move to another state that has expensive registration fees?-a long and convoluted registration process and what happens if an issue arises during that time?  Where is it a misdemeanor to carry a weapon if it is loaded, but allowable if it is unloaded? (what is the point of carrying a firearm if it is unloaded?)  What types of guns are allowable at all?

Each of the aforementioned, and numerous other restrictions, is a way that the second Amendment has been made piecemeal and depending on what state or even what city you are in, a potential violation of the law.  Just by carrying a loaded firearm for your defense (as protected by the second Amendment), depending on where you are or go to, that act could be punishable by prison or jail time and fines. 

What is the consequence of all of this?-that those citizens who try and be law-abiding have more ways that they have to be concerned about violating, thereby making it nearly impossible to actually follow as the laws vary so much depending on where one is, and at a given time for the local laws may change (from time to time and place to place).  Those who are intent on using their firearms to violate another's rights already are set to violate the law, so making it illegal that they are carrying a loaded weapon means little to them as they are going to commit a greater violation anyway.  But,  the ones who try and be law-abiding are hamstringing themselves in how they carry their firearm (if they're allowed at all) and are just making it so they have less of a chance to defend themselves.  If someone standing in front of you wants to kill you and has their firearm ready, but yours is in an approved, locked security case as well as unloaded, you'll be dead well before you'd have a chance at defending yourself.

Let's stop allowing this division of our second Amendment right.  It is every bit as important to not allow these restrictions as it is to not allow any area to deny the political opinions of liberals/conservatives/libertarians.  Our second Amendment right protects us from anything ranging from a dangerous animal, a criminal or a tyrant who wants to impose restrictions on other Amendments.