A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. - Second Amendment to the Constitution of the United States of America
The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men. - Article 2, Section 26, Constitution of the State of ArizonaAn Arizona rancher is being required to pay $87,000 to four illegal immigrants he detained at gunpoint while they were on his property. The ruling from the 9th U.S. Circuit Court of Appeals in San Francisco found that the 2009 civil judgment against rancher Roger Barnett was proper even though "as soon as he found out [the illegals] weren't armed, he put his gun away."
Barnett was investigating the unexpected presence of 24 people on his property in the middle of the night. Not two or three, but twenty-four. In the middle of the night. In the same area were fellow rancher Robert Krentz was killed just last year. Authorities suspect Krentz was killed by a drug trafficker coming across the border from, or returning to, Mexico. Who wouldn't bring a gun if they found themself in that situation?
According to Nicholas Riccardi of the Los Angeles Times, "this is the second verdict against Barnett, whose attempts to keep illegal immigrants off his land in southeastern Arizona have won him praise and condemnation. In 2008, the Arizona Supreme Court upheld a nearly $100,000 judgment against the rancher for detaining a family of latino U.S. citizens at gunpoint." Here's an idea: stay off other people's land. I'm pretty sure that if you trespass on private land just about anywhere in the U.S. you're likely to end up staring down the barrel of a gun. Perhaps the "family of latino U.S. citizens" shouldn't have been filing a court case against Barnett, they should have been in jail for trespassing.
The Second Amendment states that "a well regulated militia" is "necessary to the security of a free state." Many in the anti-gun crowd claim that the "militia" is the National Guard and the other reserve components of our military and that private citizens have no right to keep private arms. The U.S. Supreme Court has ruled on numerous occasions that this is not accurate.
In the 2008 case of District of Columbia v. Heller, the Supreme Court determined that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home (and, arguably, on one's privately owned property). It also found that none of the Court’s precedents conflicted with the Court’s interpretation in Heller.
This was upheld in the 2010 case of McDonald v. Chicago where Justice Samuel A. Alito Jr., who wrote the opinion for the majority, said: "It is clear that the Framers ... counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty." The Court concluding that the Fourteenth Amendment protects the Second Amendment right, recognized in Heller, to keep and bear arms for the purpose of self-defense. Therefore the right to keep and bear arms is enforceable against the States because it is a privilege of American citizenship recognized by the Fourteenth Amendment, which provides that: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”
Therefore, I (and Roger Barnett) have the right to keep and bear arms in order to protect ourselves and our homes, and that right is guaranteed by the Second Amendment and no State or subordinate government can violate that right according to the Fourteenth Amendment, so says the United States Supreme Court. Amen.
Speaking about the 9th U.S. Circuit Court of Appeals decision against Barnett, Thomas Saenz, President of The Mexican American Legal Defense and Educational Fund, said, "This decision vindicates constitutional guarantees for all. Even in Arizona, vigilantes do not have the right to harass and victimize peaceful migrants." I wonder if Mr. Saenz is aware that these people weren't Mexican Americans; they were Mexican citizens in America, and on Mr. Barnett's land, illegally.
Do the "constitutional guarantees" of "peaceful migrants" take priority over a citizen's right to be secure in his home and on his property? Apparently, according to the Supreme Court of the State of Arizona and the 9th U.S. Circuit Court of Appeals, they do. The government's continued attempts to appease others and protect the "rights" of non-citizens continue to take precedent over the rights of United States citizens. Our government had better do something soon because the security of our free State is in jeopardy.
I wonder if the widow of Robert Krentz thinks Mr. Barnett acted inappropriately.




