Ruling
Reveals How Sweeping A SCOTUS Ruling Establishing Strict Scrutiny For
The 2nd Amendment Could Be
(2021-02-04) Note: Thanks to Steve Lehto for covering
this on his YouTube channel.
In a case involving fees for commercial filming in areas under the
control of the National Park Service, the DC District Court has ruled
that fees charged for exercising constitutional rights of the first
order are unconstitutional. What follows is one
of many quotes establishing this.
‘This
regime is difficult to square with the longstanding rule that the
government may not "impose a charge for the enjoyment of a right
granted by the federal constitution," including the First Amendment
right to free expression.’
In the
ruling, the district court cited a 1943
SCOTUS decision
that established that even some commercial speech – generally subject
to more regulation that other forms of speech – cannot be subjected to
fees.
How does this relate to
gun rights and the 2nd Amendment? Well, free
speech, protected by the 1st Amendment, is accorded the protection of
strict scrutiny.
Logically, if the 2nd Amendment is likewise accorded the same level of
protection, fees related to the exercise of that right would be highly
suspect. This would be even more true of fees
imposed upon non-commercial use/purchase/ownership of weapons.
At a minimum, the
excessive fees aimed at discouraging the exercise of the 2A right would
be unconstitutional.
There are plces in America where governments charge yearly fees of
hundreds of dollars per gun. Those would be
gone. My
guess is that IF CCW permits are upheld, fees would be limited to
government’s actual cost – if fees are permitted at all.
The
2nd Amendment being accorded strict scrutiny in the anti-gun rights
side’s worst fear. Let’s hope, work and contribute to make
that
fear a reality.