Supreme Court Gets it Right on Gun Rights; Gumm Among Lawmakers Signing Amicus Brief
June 28th, 2010
DURANT, Okla. – A local state senator hailed Monday’s U.S. Supreme Court decision protecting gun rights is a ruling that strengthens the Constitution and Americans’ individual rights.
Senator Jay Paul Gumm was among a group of state lawmakers across the nation who signed an amicus – or “friend of the Court” – brief on the case. Gumm and other legislators asserted the Second Amendment applies to the states through the equal protection clause of the Fourteenth Amendment and that no state or city could restrict the “right to keep and bear arms.”
“When a right is as clearly stated as the Second Amendment, it is amazing to me anyone would try to restrain that right for law-abiding citizens,” said Gumm, a Democrat from Durant. “If a constitutional right does not apply to everyone, the Constitution itself would be seriously weakened – and that should concern every American, even those who oppose gun rights.”
Supporters of the Second Amendment, which declares “the right to keep and bear arms shall not be infringed,” challenged a Chicago-area handgun ban as an unconstitutional. The Court agreed, applying the Second Amendment right nationwide while restricting the ability of states and cities to limit that right.
“There are two encouraging results from this ruling,” said Gumm, who was the Oklahoma Rifle Association’s “Legislator of the Year” in 2005. “The first is the right of law-abiding citizens to keep and bear arms is affirmed. Second, the Court acknowledged that constitutions are limits on the power of government to the benefit of individuals.”
Beyond that, Gumm said the statement in the Court’s ruling that “Self-defense is a basic right” at the heart of the Second Amendment, is a holding that will make families safer.
“The Supreme Court got it right, not just on the issue of gun rights, but on the issue of individual rights,” Gumm said. “Law-abiding citizens are safer and the Constitutional rights that are the birthright of every American have been preserved.”