I posted this a few weeks back. Since then, I have been getting a ton of questions about the gun amendment on the ballot in November so I will post it again. I will also ask you to please vote no on Amendment 3. Amendment 3 is absolutely unnecessary, reckless, irresponsible, will cause more lawsuits, and just like a lot of the laws we pass, probably unconstitutional. Alabama voters will have a chance to vote on whether or not the words, every citizen has a fundamental right to bear arms and that any restriction on this right would be subject to strict scrutiny will be included in Alabamas constitution.Strict scrutiny, in a nutshell, is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a compelling governmental interest, and must have narrowly tailored the law to achieve that interest. It is the absolute highest level of scrutiny generally reserved for testing the legitimacy of laws or restrictions based on race, nationality, religion, origin and so forth. The understanding is that classifications based on race are suspect, deemed illegitimate until proven otherwise, and are generally struck down because the strict scrutiny standard of review is so high. Well, in Alabama, you can add gun restrictions to that list as well. So, why does this even make a difference? Practically, how will this play out? Well, if the voters of the state of Alabama ratify this amendment and place it in our constitution, you can expect a number of lawsuits to be filed testing all gun restrictions in the state. You can expect a lawsuit seeking to challenge and ultimately eliminate the Sheriffs authority, or whats left of it, in granting pistol permits. Those signs that you see on the doors of some stores in Alabama prohibiting open carry inside the business will definitely generate a number of lawsuits. You can expect a lawsuit to eliminate the requirement that guns be unloaded and locked in the trunk if you dont have a pistol permit. When these lawsuits arrive, judges (who are elected by the way) will have to presume that the restriction is invalid on its face until the party seeking the restriction can prove otherwise. You read that right. Once the state is sued, the State will have to go to court and explain why Sheriffs are given ability to screen applicants and deny permits to certain individuals. Business owners will be required to prove, pursuant to state law, why they should have the authority over their own business to prohibit open carry in their place of business. This becoming part of our constitution will make it almost impossible for the State Legislature to enact any gun restrictions in the future. However, it will provide a great mechanism for getting rid of the few meaningful restrictions that the state of Alabama currently has in place. At the very least, it will cause a number of lawsuits. So for the reasons stated above, I humbly ask you to vote no on this amendment in November. Alabama is already an open carry state. We dont need this amendment to make a point that has already been made.
Posted on: Tue, 28 Oct 2014 17:11:30 +0000
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