WASHINGTON. If you were wondering why the left has gone full tilt in its efforts to intimidate police officers, suburban citizens, and small business owners (taxpaying voters all), it centers on Antifa and Black Lives Matter’s thirst for power unrestrained by the rule of law. Democrat’s scuttling the Second Amendment leaves Americans powerless. The power to rule in the hands of the criminal anarchists’ liberals love. To take your gun rights away.
A liberal tiger changes its stripes
But the rule of law just got a giant shot in the arm from the most unlikely place. The traditionally arch-liberal 9th Circuit Court of Appeals. On Friday, the 9th Circuit struck down a law banning Californians from owning high-capacity magazines.
“In the wake of heart-wrenching and highly publicized mass shootings, the state of California barred its citizens from owning so-called ‘large capacity magazines’ (LCMs) that hold more than ten rounds of ammunition. But even well-intentioned laws must pass constitutional muster. California’s near-categorical ban of LCMs strikes at the core of the Second Amendment – the right to armed self-defense. Armed self-defense is a fundamental right rooted in tradition and the text of the Second Amendment.”
A nation of whose laws?
The issue before the court was on the question of which laws are supreme: Is it the laws as written by the democratically-elected representatives of the people? Or is it those natural laws which stand outside the sway of popular will and the machinations of politicians, well-intentioned or otherwise?
Our Founders understood the dangers inherent in democracy. Tyranny of the majority is just as lethal to our freedoms as the arbitrary tyranny of a king.
As Declaration of Independence author Thomas Jefferson noted:
“Our legislators are not sufficiently apprised of the rightful limits of their power; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us.”
Your democracy ends where my unalienable rights begin
In other words, we Americans may live under an umbrella of democratic communities, but that does not mean we are owned by them. There are spheres of individual autonomy beyond the reach of the majority or their elected representatives.
“… the right of the people to keep and bear Arms, shall not be infringed.”
In fact, the lawlessness now descending over many American cities, like a moonless night, has inspired concerned Americans to arm themselves to the teeth. According to the FBI, background checks for new gun purchasers are up by 69 percent.
Who can forget the image of St. Louis couple Patricia and Mark McCloskey as they displayed their weapons to rioters who bent and then broke the iron gate leading into the community where they lived?
St. Louis Circuit Attorney Kim Gardner wants to prosecute the McCloskys for defending themselves against a violent mob. But Missouri Attorney General Eric Schmitt says he’ll intervene.
“Citizens shouldn’t be targeted for exercising their #2A right to self-defense… I’m entering the case seeking a dismissal & defend all Missourians’ right to protect their lives/property.”
Citizens shouldn’t be targeted for exercising their #2A right to self-defense
STL prosecutor Kim Gardner is engaged in a political prosecution
As AG I’m entering the case seeking a dismissal & defend all Missourians’ right to protect their lives/property pic.twitter.com/kQLXOAhFIz
— Eric Schmitt (@Eric_Schmitt) July 20, 2020
Gardner, like California’s legislators, attempts to shield lawlessness against those who would employ their God-given right to self-defense. But they fight a losing battle. One made more hopeless by President Trump’s judicial appointments in his first term in office.
And his appointments to the 9th Circuit Court of Appeals are bearing fruit in the fight to preserve our most fundamental rights.
They never learn
Last April, a ruling by US District Judge Roger Benitez declares the California law requiring background checks for the purchase of ammunition was an “onerous and convoluted” violation of the Second Amendment.
“The experiment has been tried. The casualties have been counted. California’s new ammunition background check law misfires and the Second Amendment right of California citizens have been gravely injured… Criminals, tyrants and terrorists don’t do background checks.”
The intent of the law, as Judge Benitez correctly noted in his ruling, was to “unduly and severely” burden “the Second Amendment rights of every responsible, gun-owning citizen desiring to lawfully buy ammunition.”
State voters overwhelmingly approving the law 2016.
Sleepy Joe’s California dreaming
The presumptive 2020 Democratic nominee for president, Joe Biden, says if elected he too will attempt to unduly and severely burden lawful gun-owning Americans by indirect means. Biden alleges to repeal the 2005 Protection of Lawful Commerce in Arms Act that shields gun manufacturers from expensive, potentially bankrupting, nuisance lawsuits filed by anti-Second Amendment advocates.
Good luck with that.
From my cold, dead fingers
Friday, the 9th Circuit reminded California’s legislature of the US Supreme Court’s 2010 decision in District of Columbia vs. Heller:
“The [US Supreme] Court later incorporated the Second Amendment to the states through the Fourteenth Amendment’s Due Process Clause. A citizen’s right to self-defense, the Court held, is ‘deeply rooted in this Nation’s history and tradition,’ and ‘fundamental to our scheme of ordered liberty.’”
Ah yes. Ordered liberty.
Political theorist Russel Kirk says ordered liberty in “our American polity” is
“designed to give justice and order and freedom all their due recognition and part.”
Despite the machinations of Golden State voters, their legislators, or the fevered imaginings of a doddering Joe Biden, ordered liberty under our constitution’s Bill of Rights – supported by President Trump’s judicial appointments – recognizes the individual’s right to bear arms as far beyond the crushing grip of unfettered democracy and well outside its legal jurisdiction.
Top Image: magazines with bullets. Photo: DL24 via Wikipedia,