by Bill Evelyn, State of Georgia Tea Party
NOTE: The Following is a letter that was sent to Jerry Henry, Director of GeorgiaCarry.org
Dear Mr. Henry,
I heard on the news today that you have asked the Supreme Court to make a ruling on the ban of guns in churches in Georiga. I want to prove to you that this is a very bad way to approach this issue.
The 2nd Amendment restrains the federal government from regulating arms and gives those powers to the state governments via the 10th Amendment. In Georgia’s Bill of Rights the State government is restrained from prohibiting a person to arm themselves, but with regulations. In essence the state legislature can outlaw all weapons in Georgia if is deems so, but those legislators would be risking their seats in the next election. I don’t see this occurring.
The ban of guns in churches was passed by the Georgia legislature 143 years ago during reconstruction and can simply be repealed. This is the way we should move forward on this matter.
When you ask the Supreme Court to rule on a state matter, you are asking for the federal government to regulate arms reaching into the state. That is called incorporation doctrine. This link will take you to a very good explanation of the incorporation doctrine. http://tenthamendmentcenter.com/2009/11/24/kevin-gutzman-freedom-vs-the-courts/. It is a discussion between Michael Boldin of the Tenth Amendment Center and Professor Kevin R. C. Gutzman, whom I consider to be the most learned man regarding incorporation doctrine. At the 13 minute mark Professor Gutzman specifically talks about the 2nd Amendment.
Take the case of MacDonald v. Chicago. The NRA asked the federal government (Supreme court) to regulate arms in the City of Chicago and the sovereign state of Illinois. If the state is sovereign, and the 2nd Amendment restrains the federal government, why would anyone ask the federal government to reach into the states and regulate arms. This gives precedence and a Liberal court could just as well rule opposite and take everyone’s guns in every state.
The best way to handle this is to get the state legislature to repeal the church ban or any regulation which dictates the carrying of weapons. The legislature reflecting the will of the people will work this out politically.
Thank you for your attention.