It is said that no matter what issue you are passionate about, there are people on your side who you wish were not. Gun rights are no exception, and the big tent that is the Second Amendment has some you would not invite to a family picnic.
Social repercussions are one thing, but when do “reprehensible” utterances strip the speaker of constitutional rights? Anyone who says they do not see the slippery slope demonstrated here is being intellectually dishonest.
That’s the question the Second Amendment Foundation (SAF) asked the New Jersey Supreme Court to consider.
Lawful speech should not negate Second Amendment rights
Authorities denied a man identified only as A.A.R. a New Jersey Firearms Purchaser ID Card, necessary to lawfully own a weapon there. This despite his receiving carry permits in 10 other states.
The SAF petition explained why he was rejected in his application to own a firearm in the Garden State.
“His racist and sexist views are despicable, and if that speech leads him into social ostracism, perhaps it would be deserved,” the gun rights group noted. “But from a constitutional perspective, what is more disturbing than anything the Petitioner has said is what the courts below have ruled, which is that speech that is protected by the First Amendment can be grounds to deny someone their constitutional right to keep and bear arms.”
Denying 2A rights over protected speech threatens every gun owner
New Jersey law grants authorities the authority to withhold Second Amendment rights if they determine that granting the card “would not be in the interest of the public health, safety or welfare because the person is found to be lacking the essential character of temperament necessary to be entrusted with a firearm.”
In other words, because we don’t like them.
No one wants guns kept out of the hands of violent criminals and mentally ill persons more than the sporting community. The fact that these people often do illegally possess such weapons is a primary reason others choose to keep and bear arms.
But over offensive speech? If it’s not threatening harm to others or creating a clear and present danger, it is very likely protected by the First Amendment.
Slopes don’t get much more slippery than this.
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