Montana officials are saying that the United States already has resolved any questions about the 2nd Amendment's application, defining that "any person" has the right to bears arms.
That's the issue at hand in a pending U.S. Supreme Court case originating in the District of Columbia, where authorities have banned handguns under the claim that such a limit is "reasonable" and therefore enforceable even given the rights granted by the 2nd Amendment.
..."If the Supreme Court were to accept the Solicitor General's line of argument, D.C.'s categorical gun ban of virtually all self-defense firearms could well be found to be constitutional. ..."
He warned such a precedent to affirm any and all gun restrictions if they are considered by a judge to be "reasonable" would place those rights on the lowest rung of the constitutional ladder.
How serious are these lawmakers?:
Good for them. I hope there are a lot more states that come out with Resolutions like this. As a matter of fact, I think I am going to write my representatives now. If you feel inclined to do the same, check out the new "Write to Congress" gizmo in the side bar. Just throw your zip code in there and start writing.
In a joint resolution from the Montana leaders, including Congressman Denny Rehberg, they caution that should the Supreme Court decide to change the U.S. interpretation of the 2nd Amendment and allow those rights to apply only collectively, it would violate the contract under which Montana entered the union as a state.
"The Montana Resolution cautions that a collective rights decision would violate the Montana contract for statehood because when that contract was entered the collective rights interpretation had not yet been invented and the individual rights view was an accepted part of the contract," an announcement from the leaders said.
"A collective rights decision in [the pending court case] Heller would not only violate Montana's contract for statehood, but also Montana's customs, culture and heritage. We hope the Supreme Court will recognize and credit the contract argument, an argument unmentioned in any of the briefs submitted in the Heller case," said Gary Marbut, the president of the Montana Shooting Sports Association.