Second Amendment is more than guns

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I strongly disagree with a recent Massachusetts Supreme Judicial Court’s decision where the Court stated the Second Amendment to the Constitution does not apply to Massachusetts.  This is a dangerous decision not only for gun owners and sportsmen, but also for all citizens who believe that states are subject to all the Amendments of the Constitution.

As the United States Supreme Court affirmed in the Heller case, the Second Amendment plainly guarantees Americans a personal and individual right to own a firearm. This part of the Bill of Rights is based on our Founders’ appreciation of the need for citizens of a democracy to protect them from tyranny.

I believe our Constitution must be strictly construed, and I think public confidence in our government is undermined whenever courts purport to change the Constitution’s meaning unilaterally.  I find it especially offensive that the Massachusetts Supreme Judicial Court, the highest court of the state that was home to the battles of Lexington and Concord, would seek to avoid the individual liberties guaranteed by the Second Amendment mere weeks before Massachusetts residents celebrate Patriots’ Day.

The Second Amendment is about a lot more than just guns, but for now let us be clear, our Founding Fathers did not trust government and thus they loaded up the Constitution and the Bill of Rights with numerous protections concerning individual rights and limits on government’s power.  One cannot disregard the Second Amendment without putting our other Constitutional projections in jeopardy.

While the Framers of our Constitution were indeed the elite citizens of their time, they were purposely driven to create a new and free nation: One not controlled by a group of elite nobility, but one of the common man.  Remember, this is exactly what they were revolting against.  The Founding Fathers had risked their reputations, their fortunes and even their own lives to rid themselves of an overreaching monarchy.  The Second Amendment is about a lot more than just guns.  It stands along with all the other personal rights provided to us in the Bill of Rights.  These rights were provided to protect us from an abusive government and not to grant additional power to the government.

In fact, the Founders displayed how important this right was by placing it second among the rights and liberties included in the Bill of Rights.  Our Founding Fathers did not trust government, whether it was the old one in England or the new government forming in the American colonies.  They undoubtedly understood that if the ultimate power to alter an unresponsive government was to be retained by the people, that these very same people must possess the right to keep firearms to defend themselves against a tyrannical government that could possibly develop at some point in the future.  

As a former police officer, I agree and understand the need to have reasonable public safety laws; however, the Court’s decision today does much more than simply uphold gun safety laws, it sadly erodes an individual right.

As a State Legislator, I am a co-sponsor of House Bill 2259.  If passed as written, this Bill would dramatically change the landscape of our current gun laws in a way that would benefit every lawful gun owner.  In addition, the Bill would ensure that those residents who cannot safely own or possess a firearm do not.  We currently have 351 different cities and towns with often different standards.  While I support decisions being made at the local level, we need uniform guidelines to both protect Constitutional rights and public safety.

About jeffperry

  • REP Perry’s voice, vote, and leadership are needed in Washington, DC-send Jeff to Congress!

  • Freedomovertyranny

    I guess this is what we get when Republican governor’s elect liberal judges to MA Supreme Court  who disregard the U.S. Constitution or Democracy (Gay Marriage and those signatures to get the question on the ballot).  

  • majority of the legislators!  Definitely needed are laws that will protect the CONSTITUTIONAL rights of ALL Massachusetts residents!  

    Individual communities should not be allowed to set their own rules on any issue that has been defined in the Constitution of the United States of America.

    Our founding fathers recognized that the best form of government is the least intrusive.  In this bill, Jeff Perry once again authenticates his credentials as a strong believer in a government where LESS IS BEST!

    JEFF PERRY FOR CONGRESS!!

  • demolisher

    I find it especially offensive that the Massachusetts Supreme Judicial Court, the highest court of the state that was home to the battles of Lexington and Concord, would seek to avoid the individual liberties guaranteed by the Second Amendment mere weeks before Massachusetts residents celebrate Patriots’ Day.

    In fact, the Founders displayed how important this right was by placing it second among the rights and liberties included in the Bill of Rights.  Our Founding Fathers did not trust government, whether it was the old one in England or the new government forming in the American colonies.

    This is easily one of the best posts I have ever seen on RMG.

    To it, I would add:


    Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:…

    …(without a license or being  in your home or business)…

    …shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than 18 months nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than 18 months, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served 18 months of such sentence;

    http://www.mass.gov/legis/laws

    Grandma had a gun in her purse, 18 mos in jail.  At least she didn’t have to keep up a job, family and a mortgage payment.

  • demolisher

    (m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.

  • More donations to come.  I have pledged to give at least $1 more to Jeff Perry than I gave to Scott Brown.  So that would be at least $251.  I hope more people will pledge to do the same.

    Scott Brown +$1.  You can do it!

  • Because have not included a single fact about whatever decision you are taking about.  I would be particularly interested in the exact citation within the decision that declares that the 2nd amendment does not apply to Massachusetts.  If you can not provide that quote, I will assume that your post is nothing but a rabid rant that has nothing to do with reality.

  • U.S. Constitution for years now.  This case proves that.

  • The Second Amendment is there for the protection of the citizens.  Today we may need it more than any time in the past.