I recently spent some time pondering the myriad of so-called “gun control” laws and other weapons laws extant in the United States in light of the New York State Rifle & Pistol Association (NYSRPA) Inc. v. Bruen decision handed down by the U.S. Supreme Court in 2022. The Bruen decision was a landmark case with a brilliant ruling written primarily by Justice Clarence Thomas. However, I recognized that the process of challenging unconstitutional gun and knife laws might take years or even decades to work their way through the courts. This led me to realize that what is needed is model legislation to create State and Federal processes to streamline and expedite legal challenges to any unconstitutional “arms” laws.
The following is my initial amateur attempt to create a piece of model legislation that would help restore a ley part of our Right to Keep and Bear Arms (RKBA). I’m hopeful that someone with greater legal acumen and a proper Juris Doctor degree can revise and perfect this rough draft. I’m also hopeful that gun rights organizations such as the GOA, FPC, NAGR, and NRA will promote this corrective legislation, at both the State and Federal level.
Note that wherever I use the word “State”, the words “County” or “Parish” could be substituted, or it could be rewritten to create a Federal law.
Here is my draft of the model law:
WHEREAS all laws in the United States and the laws of << Insert State name >> have their foundation in the phrase “We, The People…” to wit, the root of legislative power devolves from the Consent of the Governed.
AND WHEREAS it is implicit in all spheres of government — legislative, executive, and judicial — that the Consent of the Governed can be withdrawn.
AND WHEREAS the 10th Amendment to the U.S. Constitution explicitly reserves rights, as stated:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
AND WHEREAS the various Amendments to the U.S. Constitution are mutually supporting.
AND WHEREAS the force of arms owned by our citizenry, as protected by the 2nd Amendment, is the linchpin that guarantees all of our other enumerated rights.
AND WHEREAS the New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. (2022), (henceforth abbreviated Bruen) decision makes it clear that all laws concerning “arms” must match the history, text, and tradition of arms laws that predate the 1791 ratification of the Bill of Rights. Any arms laws that do not have an analogous pre-1791 law are deemed to be unconstitutional.
AND RECOGNIZING that per Marbury v. Madison all unconstitutional laws are null and void. (“Lex Mala, Lex Nulla.”)
AND UNDERSTANDING that when an issue of an unconstitutional law is raised, any adult citizen can be considered an injured party and thus have legal standing, solely by the recognition and claim of the diminishment of a fundamental right. This is regardless of whether or not they have been personally charged with a crime or have been convicted of a violation of the law in question.
AND WHEREAS legal counsel is not required to file a lawsuit. (Thus, a pro se litigant.)
AND RECOGNIZING that overturning or nullifying an unconstitutional law is a grave and urgent matter that requires an expeditious process.
AND WHEREAS our highest duties are to uphold and defend the Constitution of << Insert State name >> and the Constitution of the United States.
THEREFORE, we hereby enact a provision for a simple one-page petition with no stringent format to the appropriate court that may be filed by any adult citizen of << Insert State name >> that includes a phrase that reads (or that is similar to): “I hereby challenge the constitutionality of << Insert Bill name, Bill number, Statute name, or State Code Number>> based on the NYSRPA v. Bruen test of the history, text, and tradition of arms laws that predate the 1791 ratification of the Bill of Rights.”
AND THENCE, the courts of << Insert State name >> are compelled to expeditiously apply the Bruen history, text, and tradition test. And, if failing that test, the courts are assuredly bound to overturn or nullify that law, post haste.
AND FURTHERMORE, if the courts fail to take action on any such filing by a citizen of << Insert State name >> within 180 days, it is then the responsibility of this legislative body to independently apply the Bruen history, text, and tradition test to any “arms” law that comes into question. And, if the majority of this legislative body finds that the law in question fails the Bruen test, it is therefore our responsibility to immediately pass appropriate legislation to overturn or nullify that law.
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Again, I hope that someone with more experience in the law can perfect my draft legislation. – JWR
