NewswireToday - /newswire/ -
Greenwich, CT, United States, 2006/10/18 - Phil Maymin called today for his opponents to withdraw from the race for U.S. House of Representatives from Connecticut's fourth district because of their inability to cite Constitutional authorization for their scheme to regulate gun ownership.
Maymin is the Libertarian candidate in the hotly contested race. His opponents are Democrat Diane Farrell and incumbent Republican Christopher Shays. A fourth challenger from the Green Party is reportedly already in talks with the Democratic challenger to withdraw from the race.
In a debate between the three candidates on Tuesday night, October 17, in Wilton High School sponsored by local Leagues of Women Voters, Shays and Farrell both called for further regulation on the abilities of Americans to keep and bear arms. Maymin (mayminforcongress.com) was the only candidate to fully and unconditionally support the right to keep and bear arms, noting that gun ownership by citizens prevents crimes, allows self defense, and is a specifically delineated right in the second amendment to the U.S. Constitution. Maymin noted that nowhere in the Constitution does it authorize Congress to regulate the gun ownership that is so starkly expressed as a right.
Shays asserted that Congress does have such a right and Farrell essentially agreed.
Maymin immediately challenged both Shays and Farrell to point to any part of the Constitution that allows Congress to regulate gun ownership. Neither was able to answer.
"It has been more than 48 hours since that debate," said Maymin. "They have had enough time to re-read the Constitution. Whoever is elected as a Representative must swear to uphold the Constitution. Their failure to answer means they are either grossly misinformed or they simply ignore what the Constitution so plainly says. Either way, their oath would be meaningless, and they would be unqualified to hold office. I therefore call for each of them to withdraw from the race."
Maymin added, “Other than citizenship, age, and state residency, there is only one requirement for a member of the House of Representatives, and that is to uphold the Constitution. My opponents have clearly indicated they have no intention of doing so, and therefore they ought to step aside in favor of candidates who will.”
The Second Amendment to the Constitution reads: "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."
A common misconception is that the right to keep and bear arms applies only to members of “militias.” In October, 2001, the Fifth Circuit held in U.S. v. Emerson that the Second Amendment does guarantee individuals the right to possess firearms, not just members of "militias." The court also held that gun control laws are unconstitutional if they apply to innocent American citizens.
Article IV, clause 3 of the Constitution calls for Representatives to be "bound by oath or affirmation to support this Constitution." Under U.S. Code Title 5, Part III, Subpart B, Chapter 33, Subchapter II, Section 3331, the current oath of office administered every January to the Representatives reads: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."
Maymin’s campaign site links to video of entire debate as well as a clip of the exchange regarding gun control, and a transcript of that exchange.