"Strict scrutiny" amendments to state constitutions must be the next front in fortifying gun rights

[DougC]

From the Bearing Arms blog;
The message from the Supreme Court...cases is clear: “assault weapons” and “high capacity” magazine bans are unconstitutional. So, what happened after that? Democrats around the country brazenly passed laws that repeated the same “assault weapons” and “high capacity” magazine bans in states like Washington, Oregon, Delaware, Rhode Island, and Colorado.

The takeaway from the Democrats’ reaction is that they will never, ever accept our right to keep and bear arms. They think that the Second Amendment ought to be shredded but given that there’s no chance that they can repeal it the lawful way, they will resort to extra-legal and norm-busting ways to destroy it.

The author writes that states must include in their state constitutions...amendment provides an extra layer of protection by making it clear in no uncertain terms that the right to keep and bear arms is an individual right, not a wishy-washy collective right of the “militia,” and that the judiciary shall not use any interest-balancing shenanigans to whittle it down.

 

[MountainGirl]

.....

The author writes that states must include in their state constitutions...amendment provides an extra layer of protection by making it clear in no uncertain terms that the right to keep and bear arms is an individual right, not a wishy-washy collective right of the “militia,” and that the judiciary shall not use any interest-balancing shenanigans to whittle it down.

Gotta love Texas.

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THE TEXAS CONSTITUTION

ARTICLE 1. BILL OF RIGHTS

Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

Texas Constitution and Statutes - Home

statutes.capitol.texas.gov

 

[leVieux]

From the Bearing Arms blog;
The message from the Supreme Court...cases is clear: “assault weapons” and “high capacity” magazine bans are unconstitutional. So, what happened after that? Democrats around the country brazenly passed laws that repeated the same “assault weapons” and “high capacity” magazine bans in states like Washington, Oregon, Delaware, Rhode Island, and Colorado.

The takeaway from the Democrats’ reaction is that they will never, ever accept our right to keep and bear arms. They think that the Second Amendment ought to be shredded but given that there’s no chance that they can repeal it the lawful way, they will resort to extra-legal and norm-busting ways to destroy it.

The author writes that states must include in their state constitutions...amendment provides an extra layer of protection by making it clear in no uncertain terms that the right to keep and bear arms is an individual right, not a wishy-washy collective right of the “militia,” and that the judiciary shall not use any interest-balancing shenanigans to whittle it down.

<>

If we ever allow them to disarm us for any reason, we’d all be dead shortly.

Never !

.

 

[DougC]

Gotta love Texas.

*********

THE TEXAS CONSTITUTION

ARTICLE 1. BILL OF RIGHTS

Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

Texas Constitution and Statutes - Home

statutes.capitol.texas.gov

Thanks for the TX constitution posting. It adds a lot to what many on this forum write/comment on. Maybe forum members from other states could post similar articles from their state constitutions if they have them.

 

[leVieux]

Thanks for the TX constitution posting. It adds a lot to what many on this forum write/comment on. Maybe forum members from other states could post similar articles from their state constitutions if they have them.

<>

Doug, your posts have been excellent; Thanks !

leVieux
.

 

[CrazyCobraManTim]

Welp......

As someone who got to taste the wonderful freedom and beauty of Texas for but a short time (about a year?) - work didn't work out, and I was fortunate (?) to be offered my old gigs back - behind enemy lines.

The PRK doesn't have a state constitutional provision for bearing arms. Whatever. Heller, McDonald and Bruen all told the PRK to bend over. And they'll need lots of petroleum based lubricant (hopefully Texas based) to deal with their next FIVE big lawsuits.

https://www.calguns.net/calgunforum/forumdisplay.php?f=330

https://www.cato.org/blog/yes-california-there-individual-right-keep-bear-arms

1. Miller vs. AG Bonta (evil black rifle ban)
2. Reena vs. AG Bonta (hand gun roster ban - this roster is EVIL)
3. Ducan vs. AG Bonta (standard cap magazines)
4. Can't recall
5. Will get it...

CA is - sad but true - a sort of bell weather for how things *may* impact some or most of the USA. 2+ positive SCOTUS decisions which override the 9th Circus (yes.....CIRCUS) Court of Appeals decision - who have an 80% LOSING rate when submitted to SCOTUS - would be a forbearance / harbonger of things to come in the other crappy Dodger Blue states of these "United" States of America.