This post was updated 2/19.
I don’t know if Imperial resident Gerald Lehman ever looks himself up on Google, but I hope he does, so he can read this response to his obtuse letter to the editor (link is to a Facebook image posted by Mark Paul, may require login), which appeared in the January 17 edition of the Arnold-Imperial Leader. Claiming that state and local governments can enact gun control legislation, he closed the letter with this:
Those who claim an individual right to own firearms under the Second Amendment should cite the name, date, and contents of the Supreme Court ruling that affirms this right – or ask any lawyer.
Lehman must be operating with an outdated set of encyclopedias or something, because here are two recent landmark rulings that say just that:
The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.
The Court held that the right of an individual to “keep and bear arms” protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states.
A Leader letter-writer responded to Lehman with information similar to what I posted above. On February 7, Lehman shot back. He was probably embarrassed at how easily he was refuted. His response was essentially, “Uh, yeah, I knew about those cases.” He then said that, since state guns laws that conflict the 2nd Amendment are still on the books, he is right and you are wrong, na na boo boo.
Of course there are unconstitutional statutes on the book, of all sorts. They are usually only stricken when someone with sufficient funds and motivation files a lawsuit and sees it through the legal system, often all the way to the Supreme Court. That’s what Heller and McDonald did in the aforementioned cases. Once again, Lehman’s arguments, despite the smugness behind them, are easily and quickly refutable.