You read that right, the First Amendment.
Sure, the Second Amendment permits carrying a firearm for self defense but realistically, how often will you encounter a self defense situation that justifies the use of deadly force. Chances are you will never encounter such a circumstance. There are actual police officers who have worked their entire career without ever pulling a firearm in the line of duty.
What if you simply want to “stick it to the man”? Let’s take a look.
U.S. Const. amend. I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
While many people claim that the 1st Amendment is first because the Founders considered it to be the most important, and while there is no doubt that it certainly is important, it was NOT the first proposed amendment.
Initially there were 12 amendments proposed in the Bill of Rights and what we now know as the first amendment was actually the third. The original proposed 1st and 2nd amendments concerned the number of representatives per population and the alteration of salaries of the representatives.1
Further the Amendment simply states that “Congress shall pass no law…”
With that said, the 1st Amendment has close to one hundred years of clearly established jurisprudence that can be relied upon. Second Amendment jurisprudence is only approaching 20 years when this paper was authored. That makes 1A a gold mine.
Consider the following:
A person wishes to stand on the steps of City Hall during normal business hours, fully armed, protesting the State’s Gun Laws, while holding a sign that reads:
“The Mayor is Retarded. Pray for her!”
That person also wishes to audio/video record himself engaging in that exact behavior for later publication.
I raise the above scenario because:
- It is taking place on a traditional public forum.2
- It is comprised of engaging in peaceful assembly.3
- It is comprised of engaging in freedom of speech.4
- It is comprised of engaging in freedom of the press.5
- It is comprised of engaging in freedom of religion.6
- It is comprised of engaging in keeping and bearing arms.7
In other words, the U.S. Constitution via the Bill of Rights already permits the described behavior. Anyone should be allowed to do the above freely without fear or threat of being molested by any government employee!
The critical question is, does your state allow that behavior? In the State of New Jersey the answer is a big fat NO!
Pushing Back
Defending 2nd Amendment Rights through the lens of other well-established rights may produce an altogether different outlook to the totality of the circumstances.
For instance, in New Jersey the State Firearm permitting process is handled via the local police in your municipality. Read the 14th Amendment Equal Protection Clause.
Also, the New Jersey Firearm permitting process requires a background check far in excess of Federal requirements and may actually result in 4th Amendment violations. (Does anyone voluntarily waive 4th Amendment protection? No, they are forced to do it under duress!)
The “Anti Gun” faction in the U.S. is fighting a war.
It’s time for gun owners and other freedom loving people to get smart and start pushing back asymmetrically. That can only be done by taking off your 2nd Amendment blinders and organizing to reach a broad audience.
The majority of people agree with this. However, nothing chills speech more profoundly than invoking the 2nd Amendment!
Where have our rights gone…?
- https://www.archives.gov/founding-docs/bill-of-rights-transcript ↩︎
- https://www.lsd.law/define/traditional-public-forum ↩︎
- https://www.thefire.org/news/freedom-assembly-and-why-its-important ↩︎
- https://www.amnesty.org/en/what-we-do/freedom-of-expression/ ↩︎
- https://www.aclu.org/issues/free-speech/freedom-press ↩︎
- https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/first-amendment-and-religion ↩︎
- https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf ↩︎
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