Federal Judiciary

The Duty to Bear Arms

South Dakota state representative Hal Wick made waves Monday by introducing a bill to require every citizen of his state to purchase a firearm.

The bill would take effect on Jan. 1, 2012, and would grant every adult 21 or older six months to buy a firearm 'sufficient to provide for their ordinary self-defense.'

#ad#Wick doesn't want the bill to pass. 'It's no more constitutional than the federal health-care law,' the Sioux Falls Republican tells NRO. Instead, he's hoping to make a point about the health-insurance mandate's unconstitutionality. Although Wick prepared the bill only a few days after the legislature convened on January 11, he sat on it until Monday afternoon, introducing it with only 15 to 20 minutes left to offer bills for consideration that session. An hour later, he learned of Judge Roger Vinson's ruling against Obamacare.

When asked if there's a difference between the federal government -- whose powers are enumerated in the Constitution -- and state governments -- which traditionally have had broader powers over their constituents -- Wick says, 'Individuals still have rights and we can't take those rights anyway.' He continues, 'Some individuals, their faith wouldn't allow them to have a weapon.'

The response to his legislation, Wick admits, has been mixed: 'It's a cross-section of people who are wondering what I'm doing, to people who are saying ‘Way to go,' to people who are entirely on the other side of the issue. I have had more people who have sent me kudos than blasts, but one person has sent me something that wasn't so pleasant to read and he must have been upset because he sent it 100 times.'

As for news that Wisconsin is taking this opportunity to halt implementation of Obamacare, Wick says, 'That might be the best thing you can do at this point. It would save us a ton of money.'

--- Brian Bolduc is a William F. Buckley Fellow at the National Review Institute.

Full post as published by Bench Memos - National Review Online on February 01, 2011 (boomark / email).