Guest Columnist NavyJack: The Second Amendment is Under Fire
The Second Amendment is Under Fire
President Obama has nominated Judge Merrick Garland for a seat on the U.S. Supreme Court. The President could not have picked anyone more dangerous to the preservation of our Constitution; especially the rights guaranteed by the Second Amendment.
As a member of the United States Court of Appeals for the District of Columbia Circuit, Merrick Garland supported a DC gun ban in 2007. He voted to reconsider DC v. Heller. Heller was the landmark case in which the Supreme Court of the United States held in a 5-4 decision that the Second Amendment protects an individual’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home. A subsequent case, known as McDonald v. Chicago, extended the Heller ruling to the states.
The McDonald decision prevents states, cities and other legislative bodies from restricting the rights guaranteed by the Second Amendment as defined by Heller. The Heller and McDonald decisions are the defensive line protecting our freedom from legislative and executive overreach. They are both now hanging by a thread.
The Heller and McDonald decisions are Supreme Court Justice Antonin Scalia’s legacy. I cannot imagine a more disrespectful action towards the memory of this great man than to nominate his nemesis as his replacement. With the assistance of U.S. Senator Orrin Hatch (Utah), this is exactly what President Obama has done.
In a 2000 case, Merrick Garland voted to maintain a registration of gun owners, supporting efforts by the Clinton administration to use the instant check system to illegally retain gun owners’ names. As of this morning, at least seven GOP U.S. Senators have agreed to meet with Merrick Garland to start the process of confirmation:
• Susan Collins (Maine)
• Jeff Flake (Arizona)
• Mark Kirk (Illinois)
• Roy Blunt (Missouri)
• Thad Cochran (Mississippi)
• James Inhofe (Oklahoma)
• Kelly Ayotte (New Hampshire)
In addition to the list above, Senator Orin Hatch (Utah) not only recommended Merrick Garland’s nomination to President Obama, he is supported by Senator Lindsey Graham (South Carolina) on the Senate Judiciary Committee that is tasked with oversight of the nomination process. If Merrick Garland is confirmed to the U.S. Supreme Court, he will work to implement a gun registration, adopt semi-automatic and handgun bans, and even allow the “DHS/FBI Terrorist Watch-list” to be used
to prevent law abiding citizens from owning a firearm.
The timing of Merrick Garland’s nomination is critical and suspicious. On March 4, 2016, the full U.S. Court of Appeals for the 4th Circuit agreed to rehear a case that could potentially deal a blow to a Maryland gun control law that bans assault weapons and high-capacity magazines. The ruling in this case would set the precedence for lifting of similar bans in other states, including CT and NY. This 4th Circuit panel ruling is entirely contingent on the DC v. Heller Supreme Court decision. Regardless of how the 4th Circuit Court of Appeals rules, the escalation of this case to the U.S. Supreme Court will provide Judge Garland with the exact case needed to overturn Heller.
All Oath Keepers are asked to take the following actions:
1. If your Senator is one of the GOP members listed above that has either supported the Merrick Garland nomination or agreed to meet with him to initiate the confirmation process, you need to call their office today to voice your disapproval. Your Senator’s contact information is available at:
2. Use the following link provided by the National Rifle Association to take action:
3. Use the following link provided by Gun Owners of America to write your representatives regarding this attempted breech of your Second Amendment rights:
Oath Keepers leadership will do its’ best to keep our members informed and provide the tools and guidance needed to maintain our rights as guaranteed by The U.S. Constitution.