Why our 2nd Amendment Rights should be defined as Civil Rights

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Why our 2nd Amendment Rights should be defined as Civil Rights
 
I have previously shared the difference between Constitutional Rights and Civil Rights – an important distinction. I have shared how some of our Constitutional Rights are not Civil Rights, and others are. There are important reasons for our 2nd Amendment Rights to be codified as Civil Rights - at all levels of government, from federal and state, to local.
 


Before continuing, I suggest reviewing my past commentaries:
- What Are Your Rights in a Gun Free Zone? (09/10/2017 - www.DeanBeersNRA.com/2nd-amendment-blog/what-are-your-rights-in-a-gun-free-zone)
- Rights vs. Privileges – Licensing or Not? (08/13/2017 - www.DeanBeersNRA.com/2nd-amendment-blog/rights-vs-privileges-licensing-or-not)
- Unequivocal Support of National Reciprocity (07/24/2017 - www.DeanBeersNRA.com/2nd-amendment-blog/unequivocal-support-of-national-reciprocity)
 
In reading these, and if you have followed the fight to make the 2nd Amendment recognized for what it is – absolute and unequivocal – you understand the issues. It leaves me wondering why no person or organization has pursued this remedy to the problem of unequivocally enforcing our 2nd Amendment Rights.

Simply defined, our 2nd Amendment only protects us from government – not from other violations of our rights. Discrimination based on gender, religion, race, ethnicity, age, sexual orientation, etc. – are all protected by government granting these protections. Our 2nd Amendment, like other rights, are natural and unalienable – yet, we as exercisers of our rights, face these discriminations daily at work, school, businesses and even visiting government offices and buildings – designated by law or policy to be ‘Gun Free Zones’; denying each of us our 2nd Amendment Rights – and with no recourse.

This is why being a Civil Right is important – to give us civil recourse and final firm recognition of our rights, without discrimination.

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There is a basis for our 2nd Amendment Rights being violated - we all recognize it. Let's define it for all to know. Under the 14th Amendment, Section I, of our US Constitution - "equal protection of the laws":
"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Like our 2nd Amendment, the 14th Amendment is short and sweet - "...its says what it says, and doesn't say what it doesn't say." (courtesy of deceased US Supreme Court Justice Antonin Scalia, of our US Constitution - www.ConstitutionForDumbasses.com). This is not enough, although it should be. Our Constitutional Rights are violated every day...

• When you go to pick your children up at school, you are forced to surrender your 2nd Amendment Rights before you drive onto the property – legally, you can’t even disarm in the parking lot.
  
• When you go to the local post office, you are forced to surrender your 2nd Amendment Rights before you drive onto the property – legally, you can’t even disarm in the parking lot.
  
• When you go to work, you may be forced to surrender your 2nd Amendment Rights before you drive onto the property – by their policy and legally, you may be prohibited from having a firearm in your vehicle on business property; you can’t even disarm in the parking lot.
  
• When you go to the local courthouse or other government office – a sign or metal detectors may force you to surrender your 2nd Amendment Rights before entering the building.
  
• When you go to a local business – a sign may force you to surrender your 2nd Amendment Rights before entering the business.

These are just a few examples. The most secure place for your firearm, knife, etc. is on your person. The most effective means to defend yourself and your family is your choice, not theirs. My Wife, our daughters and our grandkids all know – its no secret – that I am there to first protect them, and then enjoy our time together. Condition orange. Stand with me, stand beside me, or stand behind me – I don’t care – but don’t stand in my way.
 
What protections would we have in making our 2nd Amendment Rights also Civil Rights? First, it gives a person ‘standing’ – the ability to seek redress in court. You simply cannot sue a person or business that violates your 2nd Amendment Rights, because only the government and government agents can violate your Constitutional Rights. Sure, schools and courthouses are government – and I unequivocally find them in violation of our 2nd Amendment Rights. It has been difficult, even fruitless, to seek redress – as the courts have found ‘Gun Free Zones’ to be ‘for the greater good’ in public safety. Why they are wrong is for another time.
 
This need not, and should not, be only about our 2nd Amendment Rights – it should be about all of our Constitutional Rights – not just some; as some are also currently protected as Civil Rights.

Act to Protect and Preserve the Right to Keep and Bear Arms

An act to enforce the constitutional Right to Keep and Bear Arms, to confer jurisdiction upon the district courts of the United States of America to provide injunctive relief against discrimination in government and public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in government and public facilities and public education, and for other purposes.

• To prohibit discrimination based on the exercising the constitutional Right to Keep and Bear Arms in all public accommodations engaged in interstate commerce; exempted those private clubs no so engaged in public accommodations.
• To prohibit discrimination based on the exercising the constitutional Right to Keep and Bear Arms in all private and public employment engaged in interstate commerce.
  
• To prohibit discrimination based on the exercising the constitutional Right to Keep and Bear Arms in all government agencies and institutions which receive federal funds.
  
• To prohibit discrimination based on the exercising the constitutional Right to Keep and Bear Arms in all government agencies from denying access to public facilities.
  
• To prohibit the unequal application of the constitutional Right to Keep and Bear Arms.
  

• When you go to pick your children up at school, you should be able to legally exercise your 2nd Amendment Rights.
• When you go to the local post office, you should be able to legally exercise your 2nd Amendment Rights.
• When you go to work, you should be able to legally exercise your 2nd Amendment Rights.
• When you go to the local courthouse or other government office, you should be able to legally exercise your 2nd Amendment Rights.
• When you go to a local business, you should be able to legally exercise your 2nd Amendment Rights.

Codifying in federal and state law would resolve many of the issues we face, and give each of us recourse against those violating our 2nd Amendment Rights. The rights of one person ends when exercising infringes on another's rights.