The U.S. Constitution Second Amendment
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
We Montanans take these words to heart. Fortunately, we enjoy several laws that strengthen this U.S. constitutionally granted right. Montana is now an open carry state, and Montana citizens do not need a permit to carry a concealed weapon. We also have laws that say the state will not comply with any federal laws that infringe on our second amendment right. These freedoms have been secured by Montana’s conservative elected officials, but we must stay vigilant in protecting our second amendment right, and as your representative I will always support our second amendment right to keep and bear arms, and fight against infringement of that right.
Vigilantly Protecting our Second Amendment Right at the State Level
What does vigilance look like? We must be wary of small, incremental laws and regulations that slowly erode our right in the name of public safety. For example, we know that a sign that says “Gun Free Zone” does not discourage criminal activity, but limits law-abiding citizens’ right to keep and bear arms in all circumstances. We also know laws are expanding in other states that weaponize the administrative state to go in through the back door to infringe on a citizen’s second amendment right. For example, Colorado’s SB 170 expands the state’s “Red Flag” law to allow health care providers, mental health providers, district attorneys and teachers to petition a judge to confiscate someone’s firearms. This circumvents the role of the police in typical Red Flag scenarios and is a gateway for abuse by an aggressive administrative state. Law enforcement officers swear an oath to the constitutions of state and nation. Teachers, medical and health professionals, and attorneys do not.
Another avenue for infringing on our second amendment right is by making ownership and use cost- prohibitive through excessive taxes, bringing lawsuits against gun and ammunition manufactures, and banning certain affordable bullets.
Our Collective Right and Our Individual Right
We must remember, at the heart of the second amendment of the U.S. constitution are two fundamental rights: a collective right and an individual right. Collectively, it gives states the right to have armed units (militias, which do not exist today, beyond the National Guard in each state) to thwart federal government oppression or expropriation of power by military force. As we saw during federally “mandated” lockdowns a few years ago, states are feeling federal overreach. Now, more than ever, states maintaining their rights to defend their state citizenry is real and present. And with the memory of a Chinese spy balloon floating over our state still fresh in our minds, states may soon need their “militias” to defend their citizens from foreign invasion, as well.
Individually, the second amendment gives every American citizen the right to own and use firearms, without giving any indication whatsoever that any American citizen would be restricted in the use of those arms. This constitutional right was upheld in 2008 by a U.S. Supreme Court ruling, which said the original meaning of the second amendment protects a private right of individuals to keep and bear arms for the purpose of self-defense. This is key. We hunters appreciate the freedom to use arms for sport and food security, but the second amendment goes far beyond hunting; it is a fundamental right for self- defense.
Rights Without Responsibilities are Reckless
It is never good when a person intentionally kills another person, no matter the weapon. We have buried too many kids, too many innocent bystanders, and too many targeted groups, such as the religiously observant, because of death by firearm. But, it is also not trite to say that “guns don’t kill people, people kill people.” Those intent on doing harm will find a way, like the murderer of four college students in Moscow, Idaho found a way with a knife in 2023. This is exactly why we need to maintain our right to self-defense and responsible firearm use is one of the most effective means for defending ourselves and our property, as we know was recently the case in a Texas church, when a shooter opened fire during a service, and she was stopped by armed citizens in the congregation.
With rights come responsibility. Encouraging responsible gun use through successful education programs such as 4-H shooting sports is one way we can help our citizenry help itself. As your Montana state representative, I will aways advocate for firearm safety and training opportunities. I will advocate for robust law enforcement. And I will remain ready to defend our second amendment right.
