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Tag:

2nd Amendment

From the Desk of Bob Barr

Voter ID Vs. Concealed Carry – Liberal Hypocrisy Unmasked

by Liberty Guard Author October 8, 2014
written by Liberty Guard Author

“Let me be clear,” Attorney General Eric Holder emphatically declared in a 2012 speech to the National Association for the Advancement of Colored People, “we will not allow political pretexts to disenfranchise American citizens of their most precious rights.” Holder’s remarks were a call to arms against efforts by Republicans to require that voters show identification when they go to vote. His words reflect a belief that the right to vote is so “precious” that requiring individuals to show an ID before casting a vote is tantamount to being “disenfranchised.”

However, when it comes to protecting the right to “keep and bear arms” – which, unlike the right to vote, is a right expressly guaranteed in the Constitution itself – the Attorney General of the United States is nowhere to be found. Apparently our Second Amendment rights are just not “precious” enough to worry about when governments engage in actions expressly designed to “disenfranchise” individuals from exercising those rights.

The hypocrisy is so blatant it is painful.

Currently 32 states have implemented some variation of voter ID laws to curb election fraud. Nevertheless, these reasonable requirements — well within states’ Tenth Amendment rights to implement — have been the targets of repeated Justice Department threats and legal challenges. The Department argues that simply requiring a valid ID in order to vote — the same that is required for purchasing alcohol, or attending Obama fundraisers — places an unfair, racially-biased burden that threatens the constitutional rights of minorities.

If alleged racial discrimination is the catalyst for such intimidation by the Justice Department, the Department’s silence is deafening in the face of very real efforts by state and local governments to deny and limit the right to keep and bear arms. As noted in a recent report by theWashington Times, some states — notably Illinois, for example — are effectively denying citizens their right to carry concealed firearms by placing a number of costly and time-consuming obstacles in their way; and doing it in such manner as clearly to disproportionately impact minorities and lower-income individuals.

The double standard reflected in the Justice Department’s selective assertion of concern for minority rights is deeply disturbing. Even a ruling in one case earlier this year by U.S. District Court Judge Edmond Chang concluding that “certain fundamental rights,” such as those protected by the Second Amendment, should be “outside government’s reach” and not entrusted to government stewards to protect, has not awakened Holder from his selective slumber.

The findings by the Washington Times illustrate the point convincingly. The newspaper’s research found that burdens such as expensive training and permitting procedures, coupled with lengthy bureaucratic delays in issuing concealed carry permits, hit minority and lower income citizens especially hard. In Illinois, a favored playground for gun control public officials, wealthy white residents hold 90 percent of concealed carry permits.

“There are a lot of systematic and economic barriers that make it difficult for South Side of Chicago residents, many of whom are African-American, to obtain concealed carry permits,” NAACP Illinois State Conference President George Mitchell told the Washington Times. “Some of the barriers include the high costs, time commitment, bureaucracy and the community’s distrust of the police.” The effect of these racially biased restrictions are compounded by gun control regulations that enable local law enforcement officials to deny gun permits for any reason, including many completely unrelated to an individual’s competency to own, possess or use a firearm.

Imagine if voter ID laws were as rigorous as gun regulations found in many of America’s major cities. In order to vote in such a scenario, citizens would be forced to take a day-long class (at a cost of $100 or more) about the basics of the U.S. government and electoral process. They then would be required to take a competency test (only available at inconvenient locations during normal working hours) on the current election’s issues. Finally, after paying a non-refundable processing fee of $100 to score the results, they would then be forced to wait months for the actual voter registration card — which could be rejected for any reason — to arrive in the mail. If a voter decided to seek the help of a tutor to help ensure his non-refundable processing fee was not wasted by a possibly failing grade, he would have to be prepared to shell out another $100.

The obvious solution is to immediately reform the concealed carry licensing procedures, including the power by government officials to deny permits arbitrarily. Should the stringent and financially taxing gun regulations remain in place, as no doubt liberals will argue in spite of the overwhelming evidence about the racial disparity they create, then immediate action should be taken to reduce the costs of obtaining a concealed carry license, which routinely amounts to hundreds of dollars after the costs of safety classes and processing fees that are intentionally inflated to deter applications.

Were this any other issue, the level of bias against the poor and minorities in concealed-carry permitting would have Leftist bloggers, government lawyers, and liberal politicians marching in the streets, and calling for the heads of “racist” Republicans and NRA Members. The fact that this President and his Attorney General remain deaf, dumb and indifferent to the blatantly discriminatory anti-Second Amendment actions by liberal state and local governments, even as they rail against voter ID laws, is testimony to the constitutional hypocrisy that is at the very core of this presidency.

October 8, 2014 0 comment
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From the Desk of Bob Barr

Federal Judge Raps DC Government In Gun Control Case

by Liberty Guard Author July 30, 2014
written by Liberty Guard Author

Alexander Herzen, an 18th century writer from Russia, once quipped, “There is nothing in the world more stubborn than a corpse: you can hit it, you can knock it to pieces, but you cannot convince it.” Today, such a description could apply to unconstitutional gun control laws, which received what should have been a death sentence in 2008 with the Heller decision, only to languish on despite being knocked to pieces in court in the half dozen years since that seminal decision.

In Heller, one if the most important rulings for liberty in recent American history, attorney Alan Gura successfully sued the D.C. government; in the process overturning its blatantly unconstitutional, 1970s-era ban on firearms. Heller clearly affirmed the individual right to keep and bear arms guaranteed by the Second Amendment; as contrasted to the mushy, collective right interpretation long-favored by gun-grabbers like Michael Bloomberg and Rahm Emmanuel. Gura then successfully sued the city of Chicago, which resulted in the High Court’s 2010 McDonald decision, thus extending Heller’s ruling to local governments across the country.

Following these two landmark Supreme Court rulings, other lawsuits picked apart the anti-gun apparatus in federal court. Yet, as stubborn as a corpse can be, anti-gun state and local government officials immediately began fashioning new ways to undermine the restoration of gun rights in their jurisdictions. Officials in Washington, D.C. — ground zero for the modern day resurgence of the Second Amendment – refused to comply with the letter and intent of those Supreme Court decisions.

For example, the District forces its residents to obtain a permit to carry a firearm outside of the home; but the City steadfastly has refused to institute a process enabling citizens seeking to so defend themselves, to obtain permits. In essence, the city created a de facto ban on carrying firearms in public, all the while claiming to comply with the intent of the Heller decision. One can see why Gura has been so busy.

Fortunately, half a decade worth of post-Heller litigation paid off last week, when federal district court Judge Frederick Scullin ruled D.C.’s permitting scheme to be unconstitutional. “In light of Heller, McDonald, and their progeny,” wrote Scullin, “there is no longer any basis on which this Court can conclude that the District of Columbia’s total ban on the public carrying of ready-to-use handguns outside the home is constitutional under any level of scrutiny.”

Scullin’s refreshingly clear ruling follows one in December 2012 by federal Court of Appeals Judge for the Seventh Circuit, Richard Posner. In that ruling Posner noted that “to confine the right to be armed to the home” — as Illinois’ then-blanket ban on the private carry of firearms did — “is to divorce the Second Amendment from the right of self-defense described in Heller and McDonald.” Posner noted pointedly that residents of Chicago, a notoriously dangerous city despite years of aggressive gun control laws, had a far greater claim to self-defense outside the home than in it.

As Scullin and Posner’s rulings suggest, it is only logical that law-abiding citizens protecting themselves from violence outside the home is a natural and logical focus of the Second Amendment, especially given the legal clarity on the issue from two recent Supreme Court battles. Unfortunately, logic is not an attribute favored by gun-control zealots such as those controlling the levers of power in the District of Columbia; which is precisely why the fight for the Second Amendment continues long after a majority of Supreme Court justices might have thought they resolved the issue in 2008 and 2010.

And, the anti-gun grandstanding in the courts is not without financial costs to taxpayers, who are forced to pay the legal fees of both parties after each government defeat. The six years D.C. officials dragged Dick Heller through the legal system, only to be told what the language of and history behind the Second Amendments clearly proclaims to the world (that “the right of the people to keep and bear [a]rms shall not be infringed”), cost taxpayers more than one million dollars in attorney fees, just for Heller’s team.

That is why some members of Congress are starting to use the power of the purse strings to rein in D.C. officials who continue to violate the clear directive of the Supreme Court. Earlier this month, for example, Rep. Thomas Massie (R-KY) successfully passed an appropriations amendment that prohibits the District of Columbia from using federal tax dollars to enforce its unconstitutional gun control laws. While the fate of such a common-sense measure remains unclear in the Senate, the fact that many Democratic incumbents facing reelection in November hail from states whose voters are strong Second Amendment supporters, raises the legislation’s odds considerably.

July 30, 2014 0 comment
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