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Gun Rights Live Or Die at the State Level

February 10, 2023 By Terry Nelson

All gun owners are very much aware of the constant attacks today against the 2nd Amendment. But I dare say many are not aware that their own state constitution offers protections for gun ownership. In fact, 44 states have protections for gun ownership and lawful use written in to the state constitution.

For example, Rhode Island State Constitution Article I, Section 22 says:

“The right of the people to keep and bear arms shall not be infringed.” Short and to the point, I like it!

My point? Recently we have seen a huge increase by the liberal left to trample our gun rights at the STATE Legislative level. While some states like California and New York have always been draconian in their efforts to take your guns, we are now seeing this trend nationwide.

Under the guise of minimizing mass shootings and public safety, these liberal legislators do not care how ignorant their legislation is, they intend to take your guns if they can.

Mass murder no matter how it is carried out is a societal and mental health issue. The implement is only a tool, whether it be a car, a gun or a knife. How many times has a car been used to drive into a crowd intentionally or driven by a drunk driver and innocent people killed? But yet we see no legislation suggesting the removal of cars.   

At the same time, however, these same legislators will vote against any aggressive crime bills that could hurt their constituent base. Don’t believe me? Just take a look at New Mexico’s current legislative session in progress as we speak.

Recent Bills were introduced in New Mexico to get tougher with drug dealers, especially where a gun was used in the commission of drug crime. All were voted down by the democratic liberals (one liberal lobbyist is even quoted as saying, “drug dealers live in dangerous circumstances, they need a gun to protect themselves”). You can’t make this stuff up!   

Yet these same democrats introduced and unanimously voted to make law-abiding citizens a felon if they own a high-capacity magazine (over 9 rounds) or a semiauto rifle capable of using such magazines. No grandfather clause (HB101 in NM Legislature).

If the Bill is ultimately signed into law by the Democratic Governor, you turn them in to the police or destroy them or you are an instant felon.

And that is just one of no less than 6-8 Bills introduced in New Mexico that could end in stripping our gun rights.  

Let’s not forget that these liberal legislators and governors all enjoy armed protection (paid for by your taxes). 

Think this can only happen somewhere else? Think again. Research it for yourself. All across the country, these types of infringements against your constitutional rights are occurring at the state level.

There is one common thread, democratic Governors and State Legislators are in control where this is occurring.

How do we combat this type of insanity? The following is a short list:

  • EDUCATE yourself on pending legislation (most, but not all legislative sessions are in the spring of each year)
  • Be prepared to email, make phone calls, and appear at the legislative sessions in person to oppose anti-gun bills (or others that trample your constitutional rights, like Red Flag laws, a clear violation of the 4th Amendment … Supreme Court Ruling Delegitimizes Red Flag Laws)
  • Support your state gun rights organizations and the NRA
  • Be willing to go the extra mile and join in class action lawsuits against anti-gun laws as we have recently seen in New York and Illinois. Anti-gun laws were struck down by the Supreme Court or put on hold by the appellate courts
  • Vote. Remove any and all extreme liberal legislators from office
  • Hold these legislators accountable, civilly and/or criminally if possible
  • Run for office as a conservative
  • Be relentless and make your voice be heard

 A recent law review from UC Davis (University of California) in October 2019 found the following:

Fundamental constitutional principles of federalism and judicial supremacy suggest that state legislatures are not empowered to pass laws contrary to Supreme Court precedent. The Supremacy Clause makes clear that the U.S. Constitution is “the supreme law of the land,” trumping “anything in the Constitution or laws of any State to the contrary.”

Interesting when you consider how liberal California has become. There are many many more findings like this, do your own research.

As gun owners, it is our charge, our duty to fight back against those who would undermine the very principles upon which our country was founded.

Please, get involved and stay involved. Our very way of life depends on it.

Filed Under: 2A Tagged With: second amendment

About Terry Nelson

Terry is a 30-year veteran of law enforcement including having served as a state game warden. A lifelong hunter, angler, guide, and firearms enthusiast, he currently provides training for law enforcement, security and civilians through his own company, Firearms Training Institute. In the fall and winter months you will find Terry hunting or guiding hunters for big game across the state of New Mexico.

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