Supreme Court: Second Amendment applies to all

The Supreme Court's 5-4 decision in McDonald v. Chicago and Oak Park asserts that complete bans of firearms are unconstitutional and the Second Amendment applies to state and local governments as well as the federal government. The decision reaffirms the Second Amendment as a fundamental right of U.S. citizens and could have far-reaching impacts on NWTF members — particularly those who live or hunt in restrictive areas such as Illinois, New York and New Jersey.

Justice Samuel Alito's majority opinion clearly states that the Second Amendment is a fundamental right that must be incorporated under the Fourteenth Amendment's due process clause:

Two years ago, in District of Columbia v. Heller … we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of Columbia law that banned the possession of handguns in the home. The city of Chicago and the village of Oak Park, a Chicago suburb, have laws that are similar to the District of Columbia's, but Chicago and Oak Park argue that their laws are constitutional because the Second Amendment has no application to the states. We have previously held that most of the provisions of the Bill of Rights apply with full force to both the federal government and the states. Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the states.

The Fourteenth Amendment's due process clause states, "… nor shall any state deprive any person of life, liberty or property, without due process of law."

Justice Alito asserted that the Second Amendment is core to the inherent right to self-defense and the process of liberty: "…it is clear that the framers and ratifiers of the Fourteenth Amendment counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty," he wrote.

Declaring that the right to keep and bear arms is fundamental to our system of government and core to the right of self-defense opens the doors for more suits challenging states and municipalities that overly restrict firearms ownership and possession.

For instance, over the next decade, we'll likely see challenges in New York, a state that has frequently ignored the Firearms Owners Protection Act, which provides citizens a means for legally transporting firearms through all states in the union. We'll also likely see challenges in New Jersey and California, where ammunition is tightly restricted and all-out bans exist on certain types of ammunition commonly used for self-defense and hunting.

The next few years are going to be quite interesting to firearms owners and hunters as other restrictions on firearms and ammunition are challenged in court. Through this column, we'll keep you posted on all legislation and challenges that could affect our rights as hunters and gun owners. — Matt Lindler

[HUNTING RIGHTS]

Tennessee State Chapter campaigns for right to hunt

TAKE ACTION > Right-to-Hunt-and-Fish amendments are on the ballots of Arkansas, Arizona, South Carolina and Tennessee this election. Fifty-one percent of voters must agree on these amendments for them to pass, so it's imperative NWTF members, hunters and hunting-rights supporters show up on election day and vote.

The Tennessee State Chapter of the NWTF has agreed to donate $1,000 to the "Right to Hunt and Fish" campaign supported by the Tennessee Wildlife Federation (TWF). The board also has agreed to match all donations made by local NWTF chapters up to another $1,000.

Since 2004, the TWF has worked closely with the Tennessee General Assembly and the Tennessee Attorney General's office to secure a public referendum on the right to hunt and fish in the state. As a result, a constitutional amendment will be on the general election ballot Nov. 2.

The amendment creates a personal right of Tennesseeans to hunt and fish within the proscribed laws and without violating personal property rights. Currently, many assume we have this right, but it is not the case.

"This is a chance for all chapters across the state to come together to help preserve our hunting heritage and tradition," said Keith Hickman, Tennessee NWTF State Chapter president. Upon successful passage of this amendment, a ban on hunting or fishing would require a multi-year process and a vote of the people.

"The constitutional amendment will offer much greater protection from frivolous lawsuits, activist judges and misguided legislation," Hickman said.

New Jersey Council Approves Bear Hunt

The New Jersey Fish and Game Council in July unanimously approved a 6-day black bear hunt to take place in the northwest region in December. This is the first bear hunt since former Gov. John Corzine banned the hunts under pressure from animal rights groups in 2006. Since then, non-lethal attempts at population control have failed, black bear populations have exploded in the state and human-bear incidents have increased to a dangerous level.

[HUNTING RIGHTS]

Photo by Matt Lindler

Pennsylvania sold nearly 30,000 mentored youth hunting permits during the 2009-2010 hunting season alone, bringing the state's total to more than 100,000 Mentored Youth Licenses sold since passing a Families Afield measure in 2005

Pennsylvania demonstrates success of Families Afield

Pennsylvania is again reaping the rewards of expanded efforts to recruit new sportsmen through its Mentored Youth Hunting Program. According to the state game commission, Pennsylvania sold nearly 30,000 mentored youth hunting permits during the 2009-2010 hunting season alone, which brings the state's total to more than 100,000 Mentored Youth Licenses sold since passing a Families Afield measure in 2005.

This success illustrates the effectiveness of the Families Afield Program, developed by the U.S. Sportsmen's Alliance, the National Shooting Sports Foundation and the NWTF, at reducing barriers and encouraging the participation of newcomers. As a result, Pennsylvania has seen an increase in the number of hunting licenses sold.

Pennsylvania's Mentored Youth Hunting Program was authorized when Gov. Ed Rendell signed HB 1690 on Dec. 22, 2005. The bill was part of the Families Afield campaign, which continues as a nationwide joint effort between the founding organizations. Since 2004, 30 states — most recently Vermont earlier this year — have enacted measures resulting in more than 418,000 new hunters.

In addition to more youth licenses sold, the Pennsylvania Game Commission recently hired a recruitment and retention coordinator to keep new hunters engaged in the outdoors. This includes the publication of a youth hunting guide and connecting Pennsylvania students to the National Archery in the Schools Program, which teaches archery in physical education classes for fourth- through 12th-graders. — U.S. Sportsmen's Alliance