Under the historic Heller decision, the Supreme Court allowed that laws may proscribe gun possession in “sensitive places” such as schools and government buildings and laws may regulate “conditions and qualifications on the commercial sale of arms.” The Ninth Circuit interpreted this “sensitive places” exception to apply to local government venues where crowds congregate. One could argue that this exception and its interpretation grant too much power to local governments in controlling gun sales, but the fact that the rest of the opinion affirms individuals’ rights to bear arms is significant for gun-control crazy California.
In a state where the judiciary regularly oversteps its constitutional boundaries to advance “progressive” political agendas, it’s remarkable the judiciary acknowledges the necessity of firearms to protect the populace not just from outside threats, but from a tyrannical government:
“While the generation of 1789 envisioned the right [to keep and bear arms] as a component of local resistance to centralized tyranny, whether British or federal, the generation of 1868 envisioned the right as safeguard to protect individuals from oppressive or indifferent local governments. But though the source of the threat may have migrated, the antidote remained the same: the individual right to keep and bear arms, a recourse for ‘when the sanctions of society and laws are found insufficient to restrain the violence of oppression.’”
State lawmakers are now in discord with their judicial counterparts. The same day the Ninth Circuit ruling was handed down, State Assemblyman Kevin DeLeon (D-Los Angeles) was touting his bill that will place severe restrictions on ammunition purchases in California. Stores selling ammunition will, among other mandates, be required to receive a license from the Department of Justice and record the names, addresses and thumbprints of ammunition purchasers.
Claiming his intention is to curtail gun violence, DeLeon said, “The real oxygen that fuels gun violence is the bullets themselves.” But Assemblyman DeLeon overlooks the fact that bullets are also necessary to defend oneself against those who illegally obtain their ammunition—despite countless gun laws.
Assemblyman DeLeon and his peers in the California legislature should read the Nordyke case to understand why gun ownership is necessary: “…the [Second Amendment] right contains both a political component—it is a means to protect the public from tyranny—and a personal component—it is a means to protect the individual from threats to life or limb.”
According to the Ninth Circuit, “Second Amendment law remains in its infancy.” Perhaps to liberal thinkers Second Amendment law is a nascent, “evolving” standard. But to those who understand our nation’s history and the importance of an armed citizenry, the right to self defense is a truth we hold to be self evident.
“Have no fear of any man, no matter what his size. When danger threatens call on me, and I will equalize.”