Kiss Your Guns Goodbye

 

The greatest danger to the Second Amendment comes not from elected legislators, but from courts.  Gun control advocates make no secret of their intention to use tort lawsuits to restrict the availability of guns.  A December 2002 Internet search on the key words, "gun lawsuits" yielded 80,500 hits. [1].

So far, this campaign has had mixed results.  Some courts have not been anxious to participate in an arrogant new legal scam with such serious political and constitutional implications.  However, it's only a matter of time.  Liberals will continue their efforts to curtail or eliminate your right to "keep and bear arms" by any means available.  They are not likely to succeed in the legislative arena any time soon.  So their efforts to restrict gun ownership through tort lawsuits will continue apace.

American courts have a long history of enacting, through litigation, public policy changes which are impossible to achieve through legislation.  This stealth legislation by judges is offensive to the Constitution as well as to public opinion.  Renegade judges who invented constitutional protection for flag-burning, abortion, and "gay-rights " will not long refrain from abusing tort law to drive the price of guns and ammunition beyond your reach.
 

NOTES & CITATIONS

1.  The Chief Kangaroo in the cartoon above is paraphrasing Chief Justice John Marshall in McCulloch v. Maryland, a landmark 1819 Supreme Court opinion.   The December 3, 2002 search used the Google search engine.  The first hit, a Free-Market.net newsletter, contained a fairly thorough review of this issue.

2.  See the online essays Flag-Burning and Judicial Activism, Harry's Abortion, and Our Secular Papacy and Gay Rights.

 

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D. J. Connolly