By Stephen L. D’Andrilli, President,
Arbalest Group LLC.
The title of Stephen P. Halbrook’s new book is the very question at issue in the case of New York State Rifle & Pistol Association v. Corlett, which the United States Supreme Court recently decided it would hear in its next term. The timing and importance of both the book and this case couldn’t have been better! See Arbalest Quarrel article on the Corlett case, titled, “Supreme Court to Take Up New York Second Amendment Case At Last!”
In Corlett, the applicant for a concealed carry handgun license was denied a license for lacking “good cause” – a purely subjective requirement established by New York State’s highly discretional firearms licensing scheme. The decision, in this case, could strike down, as unconstitutional, Government infringement on a fundamental right – both in New York and in other “may-issue” states throughout the Country where similar practices prevail. What happened in Corlett could happen to you, too!
It has been over a decade since the High Court ruled on a major Second Amendment case.
In 2008, in District of Columbia vs. Heller, “held that the Second Amendment protected an individual right to possess a firearm unconnected with service in a militia and to use that firearm for traditionally lawful purposes, such as self-defense within the home.”
The judicial interpretative methodology used by the Court’s majority was based on “text, history, and tradition” and the Court’s majority rejected the judge-empowering interest-balancing inquiry, too often used by liberals, which defers to legislatures to decide if various interests outweigh recognition of a Constitutional right.
Two years later, in McDonald vs. City of Chicago, “the U.S. Supreme Court held that the Second Amendment protected the right to keep and bear arms for the purpose of self-defense and that the Second Amendment was fully applicable to the States through the Fourteenth Amendment.” The Court also made clear that this right is deeply rooted in the nation’s history and tradition.
The High Court rejected out-of-hand the City’s argument that the Court, “in effect . . . treat the right recognized in Heller as a second-class [“watered down”] right, subject to an entirely different body of rules than the other Bill of Rights guarantees that we have held to be incorporated into the Due Process Clause. The Court also, as it did in Heller, “expressly rejected the argument that the scope of the Second Amendment right should be determined by judicial interest balancing.”
It’s mind-boggling that some federal and state courts resist these Supreme Court holdings and render conflicting decisions, dismissing fundamental rights that are plainly stated in the Constitution, while inventing others that do not exist in the Constitution.
Halbrook’s book serves as a literary weapon in support of our Second Amendment right by clearly identifying what the Second Amendment means and requires.
The Corlett case and Halbrook’s book comes to us at a time when the Bill of Rights in its entirety – all ten of them – are on trial!
The very soul of our Nation and the meaning of what it is to be “an American” is constantly and relentlessly challenged by well-organized and well-funded Progressive Left-Wing and outright Marxist and Anarchist groups such as BLM and Antifa.
These groups promulgate and agitate for “Wokeness” and “Cancel Culture.” They demand the Nation’s institutions implement fictional doctrines such as “Critical Race Theory,” and “the 1619 Project.” They attack dissenting viewpoints with insulting claims of “White Extremism” and “White Supremacy.” They create “Defund the Police” and “Dismantle Police” campaigns. They have gone as far as infiltrating our military with their “patriot extremism.” This threatens our Country. If they weaken our military, we are undone. And they deliberately sow discord and suspicion among Americans to weaken the Country to further their Radical Left agenda.
Crime is not only on the rise and has reached historical proportions in major cities across our Country. True as that is, Americans were always mistaken in their belief that they can rely on the police to protect them. The police have no duty to provide protection for individuals, except in rare circumstances.
The salient function of the police is to provide general protection for the communities they serve, not to guarantee the safety of individuals within the community. They aren’t personal bodyguards for average Americans.
See the following three Arbalest Quarrel articles on the role of the police and the role of the citizen on the matter of personal safety, published on Ammoland Shooting Sports News:
“Can We, As Individuals, Rely On The Police To Protect Us,” referencing an article co-authored by Stephen L. D’Andrilli and David Kopel B. Kopel, titled, “Personal Safety: Individual Responsibility,” that is as relevant today as it was when it appeared over thirty years ago, in the May 1989 issue of “Women and Guns;” and, two,
But now, with calls made to defund the police and reduce the number of police, the public cannot even rely on the police to provide even a modicum of general protection for the community, which is and always has been their main function. It is the police who are “handcuffed,” not the criminal element.
This means that now, more than ever, people must assume responsibility for their own safety and well-being. And many more Americans recognize this, and they want to own a firearm for personal protection.
This turn of events disturbs Radical Left politicians and fanatical Radical Left-wing groups as they intend to prevent average Americans from exercising their Second Amendment right of self-defense to carry a handgun, the best means available for ensuring one’s life.
Radical Left-wing politicians and groups obviously don’t care about the life and well-being of individuals. That idea is, after all, contrary to the tenets of Marxism. All they care about is furthering their agenda and wielding increasingly more power and control over the American people — a desire that is insatiable.
And this comes at a time when Radical Left Soros funded “prosecutors” refuse to prosecute even the most violent criminals, and release more and more of them out on the streets to prey on innocent Americans. But this, too, is part of the Radical Left agenda. It is all designed to keep the public off guard, in a constant state of bewilderment and fear, as the fabric of society unravels.
Meanwhile, the police are constrained from providing even minimal community protection, given draconian policy directives and for fear, not unreasonable, that Radical Left politicians will second-guess their every move and treat them as the criminal element rather than as society’s protector.
Since Radical Left politicians fear an armed citizenry more than they do hardened criminals, the public is left essentially defenseless. This is contrary to the Nation’s history and heritage, which Stephen Halbrook lays out in a comprehensive, scholarly manner.
He explains clearly and convincingly the import of the right to bear arms and its practice, from its origins in England – going back as far as the early 1300’s – through colonial America, and then through ratification of our Constitution and Bill of Rights, up to the present day. His thorough analysis includes references to and explanations of important state and federal court cases.
Given the danger presented to the Nation due to a rampaging Radical Marxist agenda, permeating society from the highest levels of the Federal Government to the local government level, and given dramatic increases in violence on our streets, the Nation’s need for Stephen Halbrook’s book is pressing. The material presented directs the public’s attention back to where that attention needs to be directed: toward an understanding of and appreciation of our Nation’s historical roots.
The information provided in Halbrook’s book should be shared by everyone – regardless of political or ideological persuasion – all who truly value and appreciate the freedom, liberties, and rights we enjoy in America.
Buy a copy and read it now!
Copyright © 2021 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.