Monday, April 2, 2012

Judge Rules That States Cannot Ban Guns During Periods of Emergency

In yet another ruling that emphasizes that the Constitution still exists during a time of emergency, a federal court struck down city actions against gun owners during a winter storm in 2010.

During that period the city of King, North Carolina announced, as was allowed by state law, that carrying a gun outside of one's home was illegal. Two residents sued in federal court and won. The court did stop short of ruling the law unconstitutional, however.

Emergencies, as we saw in New Orleans, are when individuals are most vulnerable. The state cannot protect everyone, especially when services and infrastructure break down. People need to be safe everywhere, not just within their walls. If outlaws know that police are unable to respond and that people cannot carry guns, they will be more brazen in their violence.

The federal court should have struck down the statute completely. Our Constitution does not have any general provision for states of emergency, only invasion or rebellion. There is a reason for that

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