Protecting Second Amendment Rights

http://solutions.heritage.org/guns/

The Second Amendment right of Americans to “keep and bear Arms” is fundamental to a free society, which in turn ultimately depends on personal responsibility.

Citizens must have the right to defend themselves, their families, and their property.

Many existing and several recently proposed gun control laws do not correlate with decreased violence, but instead hamper the ability of law-abiding citizens to defend themselves and their families.

Incidents of mass violence, often perpetrated by severely mentally ill individuals, should not be used by policymakers as an opportunity to restrict constitutional rights.

Understandable revulsion at incidents of violence committed by dangerous or unhinged individuals should not cause a rush to judgment on prescriptions that violate first principles, ignore the real root causes of complex societal problems, or disregard careful social science research.

The Second Amendment right of Americans to “keep and bear Arms” has been recognized by the Supreme Court of the United States in two recent and significant cases: District of Columbia v. Heller (2008) and McDonald v. City of Chicago (2010). Those decisions declared unconstitutional the virtual ban on the ownership of handguns imposed by Washington, D.C., and Chicago, Illinois, making clear that the Second Amendment is an individual right that applies against federal, state, and local governments that protects bearing arms to defend one’s home. The Supreme Court has not yet addressed the important issue of whether citizens have a constitutional right to carry a weapon in public (either concealed or open-carry) to help ensure their safety. The lower federal courts have split on whether the Second Amendment guarantees gun rights outside one’s home or business.

The Second Amendment guarantee is a right that is fundamental to a free society, which in turn ultimately depends on personal responsibility. Many existing and several recently proposed gun control laws do not correlate with decreased violence, but instead hamper the ability of law-abiding citizens to defend themselves and their families. Incidents of mass violence, often perpetrated by severely mentally ill individuals (against whose possession of guns laws attempt to protect), should not be used by policymakers as an opportunity to restrict constitutional rights. Lawmakers have an obligation to be faithful to the original public meaning of the Second Amendment. Understandable revulsion at incidents of violence committed by dangerous or unhinged individuals should not cause a rush to judgment on prescriptions that violate first principles, ignore the real root causes of complex societal problems, or disregard careful social science research.

Although the Supreme Court has acknowledged the right of the government to impose reasonable regulations on the ownership and use of firearms, the federal government’s role must be limited and constrained by constitutional principles. Moreover, federal, state, and local governments have a constitutional obligation not to restrict Second Amendment rights unreasonably by making it unduly expensive or burdensome for ordinary Americans to purchase, own, carry, or use a firearm. Citizens must have the right to defend themselves, their families, and their property.

Recommendations
1. The Texas Government should not pass any ban of any particular type of firearm.
2. The Texas Government should not be allowed to establish a state gun ownership registry.
3. Instant background checks should be conducted only to prevent individuals who are currently prohibited by law from possessing a firearm, such as convicted felons and individuals who have been adjudicated to be mentally ill, from purchasing firearms from commercial dealers.
4. The ability of citizens to engage in otherwise lawful private sales of their firearms should not be restricted.
5. Texas should allow citizens to obtain concealed-carry permits with no requirement of demonstrating to government officials “good cause” or overly expensive training.
6. A concealed-carry permit granted by any state should be given full faith and credit by Texas.
7. Texas should accept firearms purchased in another state by its Citizens as they are able to purchase other products regardless of the state of their residence.
8. The Texas Legislature, the Governor, and the Texas Attorney General should not consent to U.S. ratification of the United Nations Arms Trade Treaty by any and all means.