Shari Johnson/Publisher/Opinion
There are many things in this world that cause me a great deal of pondering, but the right to own a gun in the State of West Virginia isn’t one of them. Until recent years, I can’t say that I had given it any thought, it was just apart of our rights as an American and a cultural necessity of a West Virginian. But the past few years have brought into question across the country the rights of Americans to defend themselves. So when I read in the WV Legislative updates that there was an amendment on the right to bear arms, it caught my attention.
I have listed the Senate Joint Resolution 1 below, introduced by seven WV Senators. I contacted each one via email, and received no response. I asked the question, ”What caused their addressing of this issue to be necessary?” I truthfully thought, if they were passionate enough to introduce the bill into legislation, they’d be passionate enough to respond to my email. I realize they may not have seen the email, although that is inexcusable to me in this day and age of communication in that manner.
I am relatively versed on National News via Blaze Media, my news of choice and a pro gun and pro America News outlet, so I’m well aware of the multiple attempts across the United States to ban certain guns, and call into question a citizen’s right to defend themselves with a gun. Before it is called into question, I personally am pro-gun, pro-American and pro-West Virginian and I’ll just throw it in for good measure on my personal standing, I’m pro-Life. Which is how I like all of my people, alive! What I am not is highly knowledgable of guns. I leave that to my husband who is an avid hunter and gun lover.
But I call this legislation to my readers attention believing that I am not alone in my belief system and that as Americans we need to be aware of what’s being done on our behalf. As a believer in the First Amendment of our Right to Free Speech, I also believe you are entitled to your opinion.
With research I discovered that the reasoning behind this being addressed by several states is that there is two beliefs on the Amendments phrase “the right of the people to keep and bear Arms”. The belief that it is an individual constitutional right to possess firearms. Under this “individual right theory,” the United States Constitution restricts legislative bodies from prohibiting firearm possession, or at the very least, the Amendment renders prohibitory and restrictive regulation presumptively unconstitutional. On the other hand, some point to the prefatory language “a well regulated Militia” to argue that the Framers intended only to restrict Congress from legislating away a state’s right to self-defense. Scholars call this theory “the collective rights theory.” A collective rights theory of the Second Amendment asserts that citizens do not have an individual right to possess guns and that local, state, and federal legislative bodies therefore possess the authority to regulate firearms without implicating a constitutional right.
I personally think the ”scholars” have spent too much time in school and not enough time in the real world. So with that being said, I’ll leave you to read the Senate Joint Resolution 1 and would love your comments.
Please keep comments respectful of everyone’s opinions and without unsuitable language. Please and thank you in advance.
***
WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
Senate Joint Resolution 1
By Senators Tarr, Phillips, Smith, Roberts, Rucker, Romano, and Woodrum
[Introduced January 12, 2022; referred
to the Committee on the Judiciary; and then to the Committee on Finance]
Proposing an amendment to the Constitution of the State of West Virginia, amending section 22, article III thereof, relating to the right to keep and bear arms; prohibiting restriction of this amendment by state or local government; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2022, which proposed amendment is that section 22, article III thereof, be amended to read as follows:
ARTICLE III. BILL OF RIGHTS.
§22. Right to keep and bear arms.
A person has the right to keep and bear arms for the defense of self, family, home and state, and for lawful hunting and recreational use. No agent, agency, municipality, county, or any other political subdivision of state government may restrict this right by means of locality, ammunition capacity, caliber, modification, accessory, decibel, method of carry, or by any other means.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “ Protection of the Right to Bear Arms Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the State Constitution to prohibit the state, counties, municipalities or other political subdivisions of the state from restricting the right to keep and bear arms.“
NOTE: The purpose of this resolution is to amend the State Constitution to prohibit the state, counties, municipalities, or other political subdivisions of the state from restricting the right to keep and bear arms.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
