Cruelty for Some

For some the world is a cruel place. The streets are mean and danger plays the waiting game with those less capable of defending themselves, their family and their possessions. For many that danger required them to either cower or, if deciding to arm themselves, risk the ire of the boys in blue. It looks like a decision in the 9th Circuit Court may change that for some.

The case, USA v. Duarte was heard in U.S. Court of Appeals for the Ninth Circuit.

While not a ruling of the full court, a three judge panel has revealed that some small threads of freedom are still a part of the nations fabric.  Equally fascinating is the logic was based on the Constitution as written rather than ‘as interpreted’.  Surely this is new territory for this group.

In part the decision reads:  Duarte is an American citizen, and thus one of “the people” whom the Second Amendment protects. The Second Amendment’s plain text and historically understood meaning therefore presumptively guarantee his individual right to possess a firearm for self-defense. The Government failed to rebut that presumption by demonstrating that permanently depriving Duarte of this fundamental right is otherwise consistent with our Nation’s history. We therefore hold that [the prohibition] violates Duarte’s Second Amendment rights and is unconstitutional as applied to him.

And

We do not base our decision on the notion that felons should not be prohibited from possessing firearms. As a matter of policy, [the prohibition] may make a great deal of sense. But “[t]he very enumeration of the [Second Amendment] right” in our Constitution “takes out of [our] hands . . . the power to decide” for which Americans “th[at] right is really worth insisting upon.” (Heller).

Let’s face it, not everyone needs a weapon in order to protect themselves. We could take a few lessons from the folk below and beat back any barbarian that comes after us.