On Gun Policy, Time for Balance -- Finally

I wanted to share an op-ed I wrote for the Pittsburgh Post-Gazette. My main point is that the recent Supreme Court decision on the Second Amendment provides a chance to finally move forward on issues that impact hunters and shooters. My organization, the American Hunters and Shooters Association (AHSA), is a gun rights organization, but we believe in a balanced approach. It's time to change the extreme politics that mark the debate over American's gun policy:

The National Rifle Association wants to relive the past and plans to spend $40 million to campaign against Sen. Barack Obama. For the NRA, it is a desperate attempt to remain relevant in light of the recent Supreme Court decision in the Washington, D.C., gun law case, District of Columbia v. Heller.

The gun lobby wanted Justice Antonin Scalia to author the long-awaited decision in Heller, but when he did, he confirmed what I and most gun owners have long believed: Citizens have an individual right to keep and bear arms, not only as members of organized militias, but that right is not unlimited.

According to Justice Scalia, "Like most rights, the right secured by the Second Amendment is not unlimited." He went on to say, "Nothing in our opinion should be taken to cast doubt on long-standing prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."

Those aren't the words of a gun-control advocate; they were written by one of the most conservative justices on the bench. They undermine the NRA's all-or-nothing approach which has been so damaging to the gun debate for so long.

My organization, the American Hunters and Shooters Association, filed an amicus brief in support of Heller and against the District of Columbia's outright ban on the possession of handguns. We applauded the Supreme Court ruling.

The Heller decision signals that the gun debate in this country no longer includes the NRA's extreme right-wing position of allowing unlimited access to any gun by anyone. The court also made it clear that most guns are now safe from government confiscation. Policy makers can craft responsible and appropriate measures to ensure guns do not fall into the wrong hands or get carried into the wrong places.

This thoughtful approach by Justice Scalia is shared by the vast majority of the nation's 80 million gun owners and by Mr. Obama, who supports an individual right to own a gun but says, "The notion that somehow local jurisdictions can't initiate gun safety laws to deal with gang bangers and random shootings on the street isn't born out by our Constitution."

With Scalia's ruling, it is time to move on. We're ready to do that. So is Barack Obama. As a law professor, Obama believed the Second Amendment conferred an individual right. He also knew that right wasn't absolute. Obama is on the right track for other issues of grave concern to America's hunting community, like global warming. Unfortunately, the leaders of the NRA have chosen partisan politics over protecting our environment:

Earlier this year, 670 hunting and fishing organizations, including the hunters and shooters association, became actively engaged in the fight against global warming. We see the effects firsthand. Hunters like me can tell you that the ducks are coming later and later every year.

The NRA was absent. In fact, NRA leaders actively undermine the efforts of hunting and fishing groups. NRA board member Grover Norquist, through his group, Americans for Taxpayer Reform, co-sponsored a conference for self-proclaimed global warming "skeptics."

At the hunters and shooters association, we aren't going to spend $40 million on tired partisan politics. What we spend goes to actually protecting your right to have a gun, to be safe in your home and to have a place that isn't polluted to hunt and fish. The voices of ordinary hunters and shooters are finally being heard.

Mr. Obama isn't perfect, but he believes the Second Amendment confers an individual right to own a gun, although he doesn't think it protects "gang bangers." This position, plus his commitment to protecting our natural resources and our hunting and shooting heritage, makes sense to me and millions of other responsible gun owners.

Comments

[djkrlsn]

As another suggestion for proper balance--since Mayors Fenty, Daley and Newsom are supporting laws that are unconstitutional--make them personally responsible for all the lawyer fees on the proRKBA side

[djkrlsn]

How is this for a balanced approach--first disarm and imprison violent criminals while leaving law abiding citizens a wide choice of firearms and firearm designs with minimal hassle. If violent criminals are caught with firearms--5 to 10 years in prison per gun (and don't pull a T I (Clifford Harris) a convicted felon/popular rapper caught trying to buy milspec machine guns and in possesion of about 10 firearms and ending up with a few months in prison) in addition to whatever other time the law calls for in their other cases. Many gunlaws (like magazine capacity limits and "assault weapon" bans) supported by Schoenke and company make no sense and have absolutely no effect on crime.

[gdogs]

If it's time to move on now, why is the DC City Council reinstating regulations that were deemed unconstitutional by the courts?

[molonlabe]

In order to put Ray Schoenke's piece (and the AHSA itself) into perspective, you must consider the source:

"The AHSA board proudly displays pictures of themselves target shooting or afield, confirming their elitist mind-set that it"s okay to ban guns they don"t own. Their political track records follow suit. Board Member Ray Schoenke has supported myriad liberal causes in recent years. He has made political contributions to Al Gore, Barbara Boxer, Bill Clinton, Dianne Feinstein, Ted Kennedy and John Kerry. In 2000, Schoenke donated $5,000 to Handgun Control, Inc. Contributions were also made to HCI by the Ray and Holly Schoenke Foundation, enough to earn him a slot as a major benefactor of the annual HCI fundraising dinner."

http://www.nraila.org//Issues/Articles/Read.aspx?ID=200

Not only do they completely misrepresent Obama's position on the right to keep and bear arms, but by advocating his presidency, they also put the future of the 2A in grave danger by supporting the SCOTUS appointees that Obama would choose. Certainly not gun friendly at all.

[Berettasskeeter]

Actually, in the same manner as USvMiller, Scalia's comments can be taken to mean that it is military weaponry that is reserved to the populace, more so than "hunting" firearms. The fact that hunting firearms are largely the same as military firearms is immaterial.
Semper fi

[montestruc]

Right to bear arms is a political right of free people. It has nothing to do with hunting or sports.

[Thirdpower]

There's just to much to fisk in this bit. I'll just hit on a few of the choicer pieces.

"he confirmed what I and most gun owners have long believed: Citizens have an individual right to keep and bear arms, not only as members of organized militias, but that right is not unlimited."

The AHSA argued that the DC gun ban was a "laudable effort" and that acceptable limitations would be mandatory storage at facilities like "gun clubs" and police stations. All based on a "militia purpose" argument. Seems a little different from what Ray is claiming now, doesn't it?

"They undermine the NRA's all-or-nothing approach which has been so damaging to the gun debate for so long."

So the NRA is openly advocating for felons and the mentally ill to have firearms? Is that your claim Ray?

"As a law professor, Obama believed the Second Amendment conferred an individual right"

Actually what Obama states on his site is this:

"Barack Obama believes the Second Amendment creates an individual right, and he greatly respects the constitutional rights of Americans to bear arms."

A constitutional scholar would note that the BOR is considered inherent and doesn't 'create' nor 'confers' anything. Ray?

"At the hunters and shooters association, we aren't going to spend $40 million"

Mostly because you don't HAVE $40 million. You don't even have 40M pennies.

So tell me Ray. What has the AHSA actually done in the last few years besides attack the NRA?

[djkrlsn]

nothing that I know of except to be a Brady Campaign/Joyce Foundation front organization

[StinkyPete]

For a little something different

http://www.sportsmenforobama.org/index.php

Different, accurate, researched, referenced and to the point.

[MojoMeredith]

Having George Bush as a president has made me think more about guns rights issues. What if he decided to declare himself king and/or supreme ruler outright? We'd be thanking God for all those "crazy" anti-government militant groups out west with their barns full o guns so we could rise up against tyranny, like we did in 1776. If we don't have guns, how are we supposed to rise up if the man in charge goes a little power crazy? Apathy is where democracy goes to die.

[DrScientist]

Great point; another great point is this; as great as 'hunting' and 'sport' is, the Second Amendment is about neither. It is about SELF defense, as the court has made abundantly clear. Handguns aren't going away; semi-automatic handguns, rifles and shotguns aren't going away. Legally owned and registered fully automatic weapons aren't going away.

Much like drugs and alcohol, guns will remain in the hands of criminals even if banned...just take a look at Chicago and D.C. What is gained by taking away the means for law abiding citizens to rightfully defend themselves? The police can't get there in time, they show up and write reports.

Fortunately, I live in a state that trusts me to walk around with a concealed handgun; three times, this has made all the difference. Three times, this has kept me from becoming a statistic; and thankfully, I didn't even have to pull the trigger. Criminals don't want a hard target...they want victims.