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Friday, 09/05/2014 6:23:04 PM

Friday, September 05, 2014 6:23:04 PM

Post# of 41158
Alabama Proposes Constitutional Protection Against Gun Control

http://libertycrier.com/alabama-proposes-constitutional-protection-gun-control/

Alabama is poised to amend its state constitution this November and the topic of the amendment is likely to draw heated debate and argument both within the state and nationally.

The topic, GUNS.

An amendment offered by Rep. Mike Jones, R-Andalusia, would establish firearm ownership as a fundamental right for every citizen of Alabama. It also would subject any gun regulations enacted by the state or local governments to “strict scrutiny” by state courts. That’s the highest level of judicial review, and puts the burden on governments to prove the regulations promote a compelling interest and impose the least possible restrictions on the right in question.

Rep. Jones says the amendment is a caution against federal politicians who refuse to protect the basic constitutional rights outlined in the second amendment and against local politicians who enact overreaching gun control measures. Jones said, “We want to have that very strong fundamental protection for individual gun rights.”

The NRA backed amendment says “every citizen has a fundamental right to bear arms and that any restriction on this right would be subject to strict scrutiny.” Some are worried that imposing the highest level of judicial review, would create an opportunity for felons and the mentally ill to challenge gun control laws, but as usual this is a false scare tactic by those who support increasing gun-control laws.

In 2012 Louisiana passed a similar NRA backed amendment which rightfully lead to a constitutional challenge to over 80 state gun-control laws. Also, in 2014 Missouri became the second state to pass a constitutional amendment requiring “strict scrutiny” of all gun laws. The opponents of these amendments used the same arguments in their attempt to persuade the citizens to vote against the Louisiana and Missouri laws as they are in Alabama. Opponents claim the laws would endanger citizens by putting guns in the hands of felons and the mentally ill.

Speaking of the proposed Alabama amendment Jonathan Lowy, director of the Legal Action Project of the Brady Center to Prevent Gun Violence, said “This is a gift to the gun criminals and the criminal defense lawyers that represent them,” But Louisiana courts have not allowed felons or the mentally ill to possess guns and there has been no increase in violence. According to the Louisiana high court, voters still had an “expectation of sensible firearm regulation” when they approved the constitutional amendment.
Great Home Defense Shotgun

In Mississippi we have seen judges, sheriffs, police chief, and county supervisors who enact increasing control on their subjects. Mississippi needs to address this issue, the question is how? Last year we passed House Bill 314 which has reined in many local politicians but some are still standing against the basic rights of their citizens and judges around the state have proven to be opponents of our basic right to self-defense.

The 2015 legislative session is quickly approaching, it’s time we let our state politicians know we want more protection from an out-of-control federal government and we expect the state to help us fight against the local control seeking politicians.

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