By P J Klosinski
My passion has always been how the law looks at inalienable rights and I have directed my efforts primarily toward reviewing proposed bills and laws. For years Indiana has had in various forms proposals for what is now commonly referred to as Constitutional Carry. Most recently HB 1159 “Regulation of firearms” was proposed. While one side supported this bill the other side strongly lobbied by Law Enforcement Agencies was almost unanimous in opposition.
What is the seen by the ordinary person when information is provided?
Law Enforcement holds to their position that everyone having guns without a license is a danger to them and everybody else. Individuals who believe law enforcement is their protection against crime tend to support the law enforcement position. Individuals who desire being able to carry a handgun are often called “gun nuts”.
Many are no doubt aware there has been a major dust-up over Constitutional Carry HB 1159 https://lpin.org/the-right-of-the-proper-person-to-constitutional-carry-hb-1159-p-j-klosinski/ and being drawn into the battle HB 1071 which was proposed as means to help victims who received a restraining order obtain handgun carry protection under certain conditions. HB 1071 https://lpin.org/the-right-to-self-defense-or-how-to-enforce-a-restraining-order-hb-1071-p-j-klosinski/ Now as fate would have it insults are flying. Elected members are criticized for doing their job, not doing their job and lying to the end that the public is seeing polarization doing its malicious work.
Enter Gun Groups supporting pro-gun rights.
A notice I received today in favor of pro-gun legislation from a pro-gun group can help explain why people who desire gun control removed are seen by so many as gun nuts. The communication requested I contact the named legislators and complain about the lack of passage of gun legislation because of specified legislators betraying, deceiving, lying and being “hostile to any pro-gun reforms”. It is not a pro-gun right it is a right to Life.
What did the average person just read?
What did someone who saw this pro-gun group notice in a Facebook news feed or perhaps in an e-mail update read? Based upon the number of negative remarks about these two bills people see nothing except pro-gun rights. If you read any of my reviews of legislation you will never find any mention of anything other than individual rights. The vast majority of people fear guns because they perceive those who want guns are pro-gun nuts. Such a fear would logically be justified after all we are talking about a lethal weapon and people being unable to behave in a civilized manner. This would mean everybody would have guns criminals would be fortified. Have you read the Indiana law on gun control? Does the public understand that only a “proper person” can carry without facing charges? Do you really think a criminal is going to ask for a piece of paper giving permission to own and carry? Do you understand that a criminal cannot be authorized to purchase or carry? Does a criminal care? Yet law enforcement tells you that without this license they cannot do their job as well.
Why do you think of this issue as a pro-gun right?
Black’s Law Dictionary 6th ed defines a constitutional right as “A right guaranteed to the citizens by the United States Constitution and state constitutions and so guaranteed as to prevent legislative interference therewith.” What does the Bill of Rights in the Indiana Constitution dictate? “ The people shall have a right to bear arms, for the defense of themselves and the State.” How could anyone believe the meaning of having the right to bear arms for the defense of themselves is a pro-gun right? The right is not pro-gun it is the right to defend one’s self.
Life is an absolute individual right to self- defense nothing less.
Indiana is prohibited from passing any law which depends upon any authority except as specifically provided in the Indiana Constitution. Life a Right defined and protected by the Indiana Constitution cannot be subject to legislation in order to be exercised. When people discuss the right to possess and carry a gun it must be acknowledged that that purpose is not the possession of a deadly weapon the purpose which is guaranteed is to have the ability to defend life.
Requiring permission from the government or other individuals makes protecting Life a privilege controlled by the government and others rather than an Individual Right of our existence. Do you believe another individual has the authority to determine your ability to defend your life or that of a loved one?
We are all created equal as individuals how can we debate the ability to protect the minority of one to be able to provide for self-protection? Without each Life being equal and each right to defense being equal we are responsible for who has the right to Live and who can die because they were not allowed to fight.
“WE DECLARE, That all people are created equal; that they are endowed by their CREATOR with certain inalienable rights; that among these are life, liberty, and the pursuit of happiness; that all power is inherent in the people; and that all free governments are, and of right ought to be, founded on their authority, and instituted for their peace, safety, and well-being.”