We The People, Waukesha County
Overview – “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”
The simply stated Second Amendment to the United States Constitution is the PRIMARY “cornerstone” FOR ALL amendments and validates that protection of home, hearth, and family is an essential Right to enjoy the others. What’s more, like all the other Amendments, this one, too, is a God given Right TO DEFEND SELF AND FAMILY. Its roots can be traced back to the English Bill of Rights of 1689. These 13 specific principles, to include the Right to bear arms for self-defense, became the fundamental law of the American colonies. The term “Militia” refers to soldiers drawn from the citizenry as opposed to a standing, professional Army.
A review of the history to modify or restrict its implementation finds even as late as 2008 (D.C. v. Heller), 2010 (McDonald v. City of Chicago), and 2022 (N.Y. Rifle & Pistol Assoc. v. Bruen) that states’ rights are limited in favor of the individual’s rights.
Liberal View
The Liberal view espouses restricting access to weapons by type, design, or magazine size; often under the guise of reducing crime. Yet, generally, when criminals are charged with a crime committed with a weapon, the weapon’s charge is dropped. This action precludes this offense from appearing in background checks in future charges. The legal weapons’ restrictions have little to no bearing on access, as the weapons are usually obtained illegally.
Another attempt to limit 2d Amendment Rights of law abiding, defending citizens is to charge them with a weapons’ crime, up to and including murder. (Tucker Carlson: Self Defense is becoming illegal, Fox News.) This action causes the law-abiding citizen to become reticent to defend herself.
Conservative View – The Second Amendment is a fundamental God given right TO EVERY American citizen, as put forth in the U.S. Constitution. This, of course, presumes a citizen in good standing and prudent use of the weapon. What’s more, the Constitution guarantees those rights without reservation or restriction for a citizen in good standing. These citizens should not be judged by the bad actions of a few. THERE IS NO SUCH THING AS AN ASSAULT WEAPON, EXCEPT FOR HUNTING GAME. FIREARMS ARE MADE FOR PRACTICE, HUNTING, AND DEFENSE. ONLY TERRIORISTS AND ASSASIANS ASSAULT CITIZENS.
Arguments in Favor – 2019 FBI crime statistics demonstrate that over 90% of crimes committed were done with an illegally obtained weapon.
- FBI statistics in a study between 2000-2013 (“A Study of Active Shooter Incidents In The United States Between 2000 and 2013” Sept. 16, 2013, by the U.S. Department of Justice, Federal Bureau of Investigation) at least 107 of the 160 active shooter incidents (66.9%) ended before police arrived to engage the shooter. This study does not take into consideration current law enforcement staff and funding shortages post 2020.
FBI Analysis of the incidents:
- An average of 11.4 incidents occurred annually.
- An average of 6.4 incidents occurred in the first 7 years studied, and an average of 16.4 occurred in the last 7 years.
- 70.0% of the incidents occurred in either a commerce/business or educational environment.
- 10 Shootings occurred in 40 of 50 states and the District of Columbia.
- 60.0% of the incidents ended before police arrived. 10 All percentages are rounded to the nearest tenth
- THERE IS NO SUCH THING AS A GUN SHOW LOOPHOLE
A handful of those identified as “wounded” were not injured by gunfire but rather suffered injuries incidental to the event. The findings also reflect the damage that can occur in a matter of minutes. 63 incidents where the duration of the incident could be ascertained, 44 (69.8%) of 63 incidents ended in 5 minutes or less, with 23 ending in 2 minutes or less. Even when law enforcement was present or able to respond within minutes, civilians often had to make life and death decisions, and, therefore, should be engaged in training and discussions on decisions they may face.
The Right to Carry is recognized in the Second Amendment of the Constitution as an inherent God Given Right. The Right to self-preservation and protection would be of little use if limited to simply the home front. Therefore, it’s important that the Citizen have the capability to protect themselves and loved ones wherever they might find themselves.
No limitations to the weapon design are given. Colonialists viewed the firearm as a mechanical instrument, much like a clock. They recognized improvements would be made over time. Hence no restrictions were placed on weapon design. THE FOUNDERS PROFESSED THAT IMPROVED TECHNOLOGY WOULD CONTINUE TO BENEFIT MANKIND.
Arguments Against
- To minimize the misuse of firearms. This argument has not proven to work. Those who choose in a free society to abuse that right will do so regardless, despite the responsible actions of the overwhelming majority.
- To regulate local exercise of right. Many crimes committed with a gun are done by repeat offenders who are illegally in possession of one.
- The amendment speaks to the militia. The Colonialists viewed the soldier as a citizen soldier. Consequently, the citizens had an obligation as a member of the militia as well as a private citizen to defend home and country.
- Limit crimes committed with a firearm. Restrictions of firearm access have done little to prevent the commission of crimes with a gun. Most are obtained illegally and then used in the commission of a crime.
Existing Law
- Strengthened nationally with the implementation of “Conceal-Carry,” both permit and permit less. State laws are starting to align with the Supreme Court view of the Second Amendment. Consequently, State legislatures are finding more means by which to ensure that their good citizens can have ready access to firearms.
- Further individual rights strengthened in the courts, to include the United States Supreme Court. Despite the number of challenges to the Second Amendment, the High Courts, whether at the State or Federal level, resoundingly reaffirm the Amendment with their precedent setting decisions.
- Currently, Wisconsin Conceal-Carry requires a permit. Second Amendment Sanctuary status would eliminate the need for a license and full reciprocity for out-of-state visitors.
SCOTUS Rulings – The U.S. Supreme Court has been consistent in its rulings to uphold the rights granted by the Second Amendment. This is particularly true with respect to individual rights. The precedents set by the Supreme Court have had a positive influence on States’ Courts to follow suit.
We The People-Waukesha (WTPW) – WTPW will remain in support of the Second Amendment of the U.S. Constitution as established by the Founding Fathers. This to prevent needless ordinances in which the underlying intent is to restrict the Second Amendment.
We concur that this Right is an inherent, unalienable Right; and that the State of Wisconsin should be a Second Amendment Sanctuary State to ensure protection of this all-important Amendment statewide, to include a permit less carry/conceal provision, no restrictions on so called “assault” weapons, and complete firearm reciprocity for those visiting from other states.
Those who misuse/abuse this Right shall be prosecuted accordingly. This right should not require a “Carry/Conceal” license.
We The People-Waukesha Position Statement: A Second Amendment Sanctuary State: Preserve the II Amendment as the Founding Fathers Intended, Permit-less Conceal/Carry, AND READY FOR USE.
Ken Milton – ken_milton@hotmail.com
“To ban guns because criminals use them is to tell the innocent and law-abiding that their rights and liberties depend not on their own conduct, but on the conduct of the guilty and the lawless, and that the law will permit them to have only such rights and liberties as the lawless will allow.
Our society does not control crime, ever, by forcing the law-abiding to accommodate themselves to the expected behavior of criminals. Society controls crime by forcing the criminals to accommodate themselves to the expected behavior of the law-abiding.”
Jeffrey R. Snyder – Author
About the Author
