Federal Courts Fail Again in Washington Gun Case
By: Mike Maharrey|Published on: Oct 4, 2020|Categories: 2nd Amendment, Court Cases, Incorporation Doctrine
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The judge’s opinion notwithstanding, the federal government has no constitutional authority to place any restrictions on firearms. The Constitution does not delegate any firearm regulating authority to the feds, and the Second Amendment slams the door on any regulation on firearms within the scope of other constitutionally delegated powers such as regulation of commerce. “Shall not infringe” does not come with an asterisk. No terms and conditions apply. The Second Amendment absolutely prohibits any federal infringement on the right to keep and bear arms.
But this should have never been a federal case to begin with. It should have been decided in state court under the Washington state constitution. Section 24 of the state constitution restricts state regulation of firearms.
“SECTION 24 RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.”
So why did it end up in federal court? Because of the bastardization of the 14th Amendment known as the “incorporation doctrine.”
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Everything becomes a Federal case.
Both the Section 24 of the state constitution and the Second Amendment should have protected the citizens’ right to “keep and bear arms”.
But it’s unfashionable today to have an armed citizenry.
“And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand? . . .” — Alexander Solzhenitsyn