Second Amendment: The Only Amendment You Can Lose Depending on the State You’re In

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The Second Amendment is the only Amendment that comes and goes, depending on the state you are in. The right to self-defense ends at one’s doorstep in some states but not in others.

A new case before the Supreme Court asks for clarification on the right to self-defense outside of one’s home. Except in the case of the elite, the average person has seriously restricted rights.

The District of Columbia vs. Heller determined that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.

In the Heller case, we were one vote away from losing the Second Amendment. In the dissenting opinion, Justice Stevens said, “There is no indication that the Framers intended to enshrine the common law right of self-defense in the Constitution.” He has also said at other times, we have the right to call “911.”

The McDonald case found that state’s cannot unreasonably restrict that right.

The Supreme Court of the United States in considering this new gun case could limit the right to self-defense to a citizen’s private home.

The Second Amendment Foundation recently asked the Supreme Court to fix the standard by which a citizen’s rights end at the door of his home, because of the conclusion of the lower courts, who said, “It remains unsettled whether the individual right to bear arms for the purpose of self-defense extends beyond the home.”

This is a prequel to a right to conceal carry in every state in the union or to a severely restricted right throughout the nation.

The Second Amendment should not end at a person’s home in one state but not another. No other Amendment varies from state-to-state.

In the case Drake vs. Jerejian, thirty-four members of Congress have signed onto an amicus brief asking the Supreme Court “to determine whether the Second Amendment secures the right to carry handguns outside the home for self-defense.”

“Many members of Congress are alarmed at the lower courts’ refusal to recognize citizens’ Second Amendment rights,” noted Sacramento, Calif., attorney Bradley Benbrook who wrote the brief. “Here the Third Circuit upheld a law banning citizens from carrying handguns unless they have already suffered attacks or had their life threatened, which means almost no one can qualify. We hope the Supreme Court responds to these members’ concerns.”

There are many cases in which the state can come down on an innocent gun holder who unwittingly violates a state law s/he is not aware of. One Florida man, traveling through the state of Maryland, didn’t even bring his gun and was held up on the I-95 for hours as his car was searched and he and his family were harassed simply because he was a permit holder. In one case in New York, a retired Marine from Indiana asked where he could check his legal gun and was arrested.  Charges were eventually dropped.

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Andrew Cuomo with his gun

Meanwhile, in New York, we barely have the right to self-defense in our home. Cuomo’s SAFE ACT, which seriously infringes on Second Amendment rights, has been upheld so far but it is working its way through the courts. The only part of the act that was struck down was the limit on bullets in a gun. A key provision of the NY Safe Act — background checks for ammunition sales — was supposed to start today but state police say the database meant to collect the data isn’t ready, the Albany Times Union reports. Tracking ammo purchases gives New York a way to collect a database of every gun holder in the state.

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