McDonald ruling makes Arkansas’s carry ban unconstitutional
On June 28th, the Supreme Court of the United States determined the Second Amendment applied to the states, cities and counties of the United States as provided by the Fourteenth Amendment. The following day, Jackson County, Wisconsin District Attorney Gerald R. Fox issued a statement declaring he would no longer prosecute most of Wisconsin’s firearms laws, as reported by Gene German, Dave Workman and Liston Matthews:
This Supreme Court ruling is binding on all states and local governments, and immediately renders some of Wisconsin’s current laws unconstitutional. Therefore, in keeping with my oath to uphold and defend the Constitution, I hereby declare that this office will no longer accept law enforcement referrals for violations of the following statutes:
Section 167.31, prohibiting uncased or loaded firearms in vehicles;
Section 941.23, prohibiting the carrying of concealed weapons, including firearms;
Section 941.235, prohibiting the possession of firearms in public buildings;
Section 941.237, prohibiting the possession of firearms in establishments where alcohol may be sold or served; and,
Section 941.24, prohibiting the possession of knives that open with a button, or by gravity, or thrust, or movement.
This prosecutor gets it right; the Second Amendment is a basic fundamental right, a right which should never be infringed. District Attorney Fox closed the public statement with words which resound loudly:
Let freedom ring.
Compare this true American’s words with the statements of Arkansas Attorney General Dustin McDaniel and Arkansas Concealed Carry Association’s John Anderson on the same day:
It’s an additional layer of protection in Arkansas, but it’s more applicable in states that do not have a constitutional right to keep and bear arms in their state constitution the way we do
~ Arkansas Attorney General Dustin McDaniel
Arkansas has some pretty good gun laws, really, There’s no outright prohibitions on anything other than what federal law states.
~ Arkansas Concealed Carry Association spokesman John Anderson
These are apparently words from men who are happy with the way Arkansas’s gun laws currently exist. They are in direct conflict, however, with some clear “infringements” upon the people’s right to “bear arms” in this state. Consider the following:
- Arkansas currently prohibits the carry of handguns for self-defense unless a “gun tax” (CHCL license fee) is paid to the state.
- The carry of firearms is completely banned on federal lands by the Arkansas Game and Fish Commission through bogus “game laws”.
- Many Arkansas workers are banned from storing handguns on employer parking lots, thereby disarming them when traveling to and from work.
- All Arkansas churchgoers are prevented from exercising their Second Amendment rights due to restrictive laws.
This list could go on and on.
The Second Amendment of the U.S. Constitution clearly states:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Arkansas Constitution declares:
The citizens of this State shall have the right to keep and bear arms, for their common defense.
Since June 28th, 2010, both of these constitutional declarations have a direct and immediate affect upon the very restrictive gun laws in Arkansas. The people of Arkansas now have what District Attorney Fox is declaring for the people of Jackson County, Wisconsin; a clear and obvious fundamental right to both keep and bear arms in this state, without the infringement of unconstitutional laws.
The people of Arkansas should have the right to both keep and bear arms returned to them immediately, as provided by the McDonald ruling.
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