It’s PEOPLE who are at risk
While
a handful of rural towns in Rhode Island have introduced second amendment
sanctuary resolutions, under the premise that their Second Amendment rights are at risk, the Rhode Island Coalition Against Gun Violence (RICAGV) reiterates that none of the gun safety measures
currently up for review by the legislature violate the Constitution.EDITOR'S NOTE: these "Second Amendment sanctuary" resolutions are an initiative by right-wing nut Sen. Elaine Morgan (R-Hopkinton) whose district includes almost all of northern RI. Click HERE for more detail. - Will Collette
However,
the Rhode Island General Assembly, under the leadership of
Speaker Nicholas Mattiello and Senate President Dominic Ruggerio, appears to be headed towards referring
these measures for “further study,” rather than allowing their respective
judiciary committees to vote on whether the bills can go to the full floor for
the full democratic process of a vote.
The contrast between our legislative
process and that of New Zealand is both stark and
instructive. New Zealand suffered one horrific mass shooting by an individual
with an assault weapon. The Parliament in that country promptly voted to ban
private ownership of assault weapons by a vote of 119-1.
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| Gun safety instructor? |
This
is not a matter of the United States Constitution or
the Rhode Island Constitution, although gun manufacturers and
gun advocates have done an excellent job of misleading the rest of us into
believing that this is a Second Amendment issue.
As a matter of law, NO federal or state court has decided that either constitution creates the right to own an assault weapon, bring a gun onto public school property, or indeed to carry a weapon concealed or openly in public.
The United States Supreme Court, in an opinion crafted by the late Justice Antonin Scalia, ruled in the Heller case that the Second Amendment entitles citizens to own and maintain handguns at their home or owned place of business for the purpose of personal protection.
Yet in that very same opinion, Justice Scalia emphasized that the right created by the Second Amendment, like all rights, was not unlimited. Rather, one’s Second Amendment right was limited and reasonable restrictions as to gun ownership are allowed and can survive constitutional scrutiny.
As a matter of law, NO federal or state court has decided that either constitution creates the right to own an assault weapon, bring a gun onto public school property, or indeed to carry a weapon concealed or openly in public.
The United States Supreme Court, in an opinion crafted by the late Justice Antonin Scalia, ruled in the Heller case that the Second Amendment entitles citizens to own and maintain handguns at their home or owned place of business for the purpose of personal protection.
Yet in that very same opinion, Justice Scalia emphasized that the right created by the Second Amendment, like all rights, was not unlimited. Rather, one’s Second Amendment right was limited and reasonable restrictions as to gun ownership are allowed and can survive constitutional scrutiny.
The Rhode Island Constitution also contains a right to bear arms, but our state Supreme Court in the Mosby case ruled that this right did not extend to individual gun ownership outside of the maintenance of a militia.
A
few weeks ago, the federal court of appeals in Boston ruled on the gun lobby’s
challenge to the Massachusetts law banning assault weapons and high capacity
magazines in the Bay State.
The Court of Appeals for the First Circuit, in an opinion by Senior Judge Bruce Selya, a Rhode Islander, unanimously upheld the law as being a constitutionally permitted limitation on the right to bear arms.
One of the judges on the three-judge panel was retired United States Supreme Court Justice David Souter, sitting by designation. The assault weapons ban proposed by Governor Gina Raimondo and Attorney General Peter Neronha is sufficiently similar to the Massachusetts law that there is no doubt as to its constitutionality.
The Court of Appeals for the First Circuit, in an opinion by Senior Judge Bruce Selya, a Rhode Islander, unanimously upheld the law as being a constitutionally permitted limitation on the right to bear arms.
One of the judges on the three-judge panel was retired United States Supreme Court Justice David Souter, sitting by designation. The assault weapons ban proposed by Governor Gina Raimondo and Attorney General Peter Neronha is sufficiently similar to the Massachusetts law that there is no doubt as to its constitutionality.
“The
Coalition knows that if these bills were allowed the democratic process of a
vote they would undoubtedly pass in both chambers,” said RICAGV
President, Linda Finn. “Further, we know that these bills are the will
of the public–with 82 percent of Rhode Islanders supporting a ban on guns in
schools.”
The
Rhode Island Coalition Against Gun Violence sincerely hopes it will not take a
tragic incident to move our legislature to action. We must be proactive and
allow these measures a vote instead of using the false narrative that Second
Amendment rights will be violated upon passage as an excuse from proactively
making our communities safer.
The
Rhode Island Coalition Against Gun Violence is an organization that was created
by concerned citizens of Rhode Island. The organization came to be in 2013
after the Rhode Island General Assembly failed to pass common sense gun
legislation.
We recognize gun violence as a public health issue. Using common sense means and methods, we seek to reduce injuries and deaths from gun violence.We are dedicated to changing the narrative of common-sense gun safety legislation.
We recognize gun violence as a public health issue. Using common sense means and methods, we seek to reduce injuries and deaths from gun violence.We are dedicated to changing the narrative of common-sense gun safety legislation.
