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Published: November 24, 2009 3:00 a.m.
2nd Amendment gun rights should apply to all 50 states
Bob Aldridge
The Second Amendment to the U.S. Constitution states, “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.”
Over many decades, people have argued whether the Second Amendment is an individual right or a collective right – meaning limited to people in organized government military or law-enforcement groups.
In June 2008, the U.S. Supreme Court ruled in District of Columbia v. Heller that the Second Amendment is an individual right and struck down the Washington, D.C., ban on handguns. Suddenly, the same people who, for years, had insisted the Second Amendment was universally a collective right changed their tune – taking the position that the Second Amendment only applies for “federal enclaves” such as the District of Columbia and does not apply to the 50 states.
The current argument by the gun control side is that the Second Amendment has never been incorporated through the 14th Amendment to include state governments.
A gun ban in Chicago was upheld by the 7th U.S. Circuit Court of Appeals in June. According to the appeals court, the Second Amendment guaranteeing the individual right to bear arms is not an adequate basis for lawsuits attacking local gun ordinances.
That decision has been appealed to the U.S. Supreme Court.
The Supreme Court has agreed to hear MacDonald v. Chicago, which will likely determine whether the Second Amendment applies to the states.
I am not a constitutional legal scholar, so I am incapable of the linguistic acrobatic contortions necessary to answer profound legal questions such as what the definition of “is” is, but it does seem the Second Amendment aside, a state’s constitution certainly applies to that state.
Forty-four of the 50 states have Second Amendment language in their constitutions, while six states’ constitutions are silent on the subject.
Thirty-three states specifically reference an individual right, and the remaining 11 states have language either identical to the Second Amendment or similar. No state makes any distinction of a collective right.
Most interesting is that the Illinois constitution says, “the right of the individual citizen to keep and bear arms shall not be infringed.”
So the U.S. Supreme Court is poised to decide whether the individual right confirmed in the Second Amendment to the U.S. Constitution applies in the state of Illinois, when Illinois already specifies the individual right to keep and bear arms in its constitution. Strange, indeed.
One never knows what decisions will come from the U.S. Supreme Court, but, given its decision in the Heller case, it seems likely the court will decide the individual right to keep and bear arms confirmed by the Second Amendment extends to the 50 states.
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| Concealed Carry for Out-of-State Travel Fails |
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-- Senate falls two votes short this week
"Gun Owners of America, another leading gun rights Second Amendment group, is a strong supporter of this amendment that's specifically pushing for passage and scoring member's votes." -- Louisiana Senator David Vitter, July 22, 2009 Friday, July 24, 2009 Well, there was good news and bad news this week. The good news is that a majority of the U.S. Senate (58 members) voted for an amendment to allow citizens who are already authorized to carry firearms concealed to do so when they travel out of state. The bad news is that the Senate still fell two votes short of the 60 votes needed to enact the amendment, which was sponsored by Republican Senators John Thune (SD) and David Vitter (LA). A prior Unanimous Consent agreement allowed the amendment to be offered in the first place, but as such, required that the legislation garner 60 votes (rather than a simple majority) in order to pass. The Thune-Vitter amendment was hotly debated on the Senate floor Wednesday. Senator Thune pointed out that, while 48 states have some form of concealed carry law, his measure would simply "extend that constitutional right across State lines," recognizing that the right to bear arms and defend oneself "does not end at State borders or State lines." One of the more comical arguments made by some Democrat Senators -- Chuck Schumer (NY), Frank Lautenberg (NJ) and Dianne Feinstein (CA) -- is that this provision would compromise "states rights." Of course, these Senators have shown they care little about "states rights," as evidenced by federal gun control laws that bear their names: the ban on semi-automatic firearms (the so-called Feinstein assault weapons ban) and the lifetime gun ban on people who engage in pushing-and-shoving incidents in the home (the Lautenberg misdemeanor gun ban). And where was their adherence to states rights when they voted for the Brady bill, the Gun Free School Zones Ban and the Veterans Disarmament Act? Republican Senator Tom Coburn (OK) pointed out their hypocrisy when he said: "We had a vote in terms of honoring States rights in terms of the national park bill on guns. Twenty-nine of my colleagues, thirteen of whom now are 'defending States rights,' stepped all over States rights with their vote against the Coburn amendment when it came to allowing people to have supreme their State law in terms of national parks." Senator Thune noted that his provision would protect the rights of states by not applying any national standards. Rather, the text simply requires states to acknowledge the concealed carry permits from other states. In fact, the language of the text specifically states that nothing in the amendment "shall be construed to affect the permitting process for an individual... or preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms." Article IV of the U.S. Constitution allows for reciprocity-style legislation by the Congress. The Article allows Congress to enforce "full faith and credit" across the country, so that each state respects the "public acts, records, and judicial proceedings" of every other state. Click here to see how your Senators votedGun owners should take special notice of Republican Senator Richard Lugar (R-IN) and former-Republican-turned-Democrat Arlen Specter (PA) -- both of whom voted against concealed carry. Had they voted pro-gun, the Thune-Vitter amendment would have passed. |
| Concealed Carry for Out-of-State Travel Fails |
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-- Senate falls two votes short this week
"Gun Owners of America, another leading gun rights Second Amendment group, is a strong supporter of this amendment that's specifically pushing for passage and scoring member's votes." -- Louisiana Senator David Vitter, July 22, 2009 Friday, July 24, 2009 Well, there was good news and bad news this week. The good news is that a majority of the U.S. Senate (58 members) voted for an amendment to allow citizens who are already authorized to carry firearms concealed to do so when they travel out of state. The bad news is that the Senate still fell two votes short of the 60 votes needed to enact the amendment, which was sponsored by Republican Senators John Thune (SD) and David Vitter (LA). A prior Unanimous Consent agreement allowed the amendment to be offered in the first place, but as such, required that the legislation garner 60 votes (rather than a simple majority) in order to pass. The Thune-Vitter amendment was hotly debated on the Senate floor Wednesday. Senator Thune pointed out that, while 48 states have some form of concealed carry law, his measure would simply "extend that constitutional right across State lines," recognizing that the right to bear arms and defend oneself "does not end at State borders or State lines." One of the more comical arguments made by some Democrat Senators -- Chuck Schumer (NY), Frank Lautenberg (NJ) and Dianne Feinstein (CA) -- is that this provision would compromise "states rights." Of course, these Senators have shown they care little about "states rights," as evidenced by federal gun control laws that bear their names: the ban on semi-automatic firearms (the so-called Feinstein assault weapons ban) and the lifetime gun ban on people who engage in pushing-and-shoving incidents in the home (the Lautenberg misdemeanor gun ban). And where was their adherence to states rights when they voted for the Brady bill, the Gun Free School Zones Ban and the Veterans Disarmament Act? Republican Senator Tom Coburn (OK) pointed out their hypocrisy when he said: "We had a vote in terms of honoring States rights in terms of the national park bill on guns. Twenty-nine of my colleagues, thirteen of whom now are 'defending States rights,' stepped all over States rights with their vote against the Coburn amendment when it came to allowing people to have supreme their State law in terms of national parks." Senator Thune noted that his provision would protect the rights of states by not applying any national standards. Rather, the text simply requires states to acknowledge the concealed carry permits from other states. In fact, the language of the text specifically states that nothing in the amendment "shall be construed to affect the permitting process for an individual... or preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms." Article IV of the U.S. Constitution allows for reciprocity-style legislation by the Congress. The Article allows Congress to enforce "full faith and credit" across the country, so that each state respects the "public acts, records, and judicial proceedings" of every other state. Click here to see how your Senators votedGun owners should take special notice of Republican Senator Richard Lugar (R-IN) and former-Republican-turned-Democrat Arlen Specter (PA) -- both of whom voted against concealed carry. Had they voted pro-gun, the Thune-Vitter amendment would have passed. |
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To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits, if the individual complies with the laws of the State.
IN THE SENATE OF THE UNITED STATES
Mr. THUNE (for himself, Mr. BARRASSO, Mr. BEGICH, Mr. BENNETT, Mr. BROWNBACK, Mr. BURR, Mr. CHAMBLISS, Mr. COBURN, Mr. COCHRAN, Mr. CRAPO, Mr. DEMINT, Mr. ENSIGN, Mr. ENZI, Mr. GRAHAM, Mr. GRASSLEY, Mr. HATCH, Mr. INHOFE, Mr. ISAKSON, Mr. MARTINEZ, Mr. RISCH, Mr. ROBERTS, Mr. VITTER, and Mr. WICKER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
To amend chapter 44 of title 18, United States Code, to allow citizens who have concealed carry permits from the State in which they reside to carry concealed firearms in another State that grants concealed carry permits, if the individual complies with the laws of the State.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Respecting States Rights and Concealed Carry Reciprocity Act of 2009’.
SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS.
(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following:
‘Sec. 926D. Reciprocity for the carrying of certain concealed firearms
‘Notwithstanding any provision of the law of any State or political subdivision thereof:
‘(1) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is carrying a valid license or permit which is issued pursuant to the law of any State and which permits the person to carry a concealed firearm, may carry a concealed firearm in accordance with the terms of the license or permit in any State that allows its residents to carry concealed firearms, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.
‘(2) A person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and is otherwise than as described in paragraph (1) entitled to carry a concealed firearm in and pursuant to the law of the State in which the person resides, may carry a concealed firearm in accordance with the laws of the State in which the person resides in any State that allows its residents to carry concealed firearms, subject to the laws of the State in which the firearm is carried concerning specific types of locations in which firearms may not be carried.’.
(b) Clerical Amendment- The table of sections for chapter 44 of title 18 is amended by inserting after the item relating to section 926C the following:
‘926D. Reciprocity for the carrying of certain concealed firearms.’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.
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Monday, July 20, 2009
A vote to protect your right to travel out-of-state with a firearm could
come to a vote next week -- even as early as Monday!
Senators John Thune and David Vitter are the sponsors of S. 845 -- a
bill that will establish concealed carry reciprocity amongst the several
states.
Senators Thune and Vitter offered the bill as an amendment (#1618) to
the Department of Defense authorization bill (H.R. 2647).
This provision will use the constitutional authority allowing Congress
to enforce "full faith and credit" across the country, so that each
state respects the "public acts, records, and judicial proceedings" of
every other state (Article IV).
The benefit of the Thune/Vitter legislation is that -- unlike other,
competing measures -- it would protect the right of any U.S. citizen to
carry out of state (regardless of whether he possesses a permit), as
long as he is authorized to carry in his home state. This is important
because of states like Vermont and Alaska, where residents can carry
concealed without prior approval or permission from the state... in
other words, without a permit!
ACTION: Please urge your Senators to vote YES on the Thune/Vitter
concealed carry reciprocity amendment that will be offered to the
Department of Defense authorization bill and NO on any modifying
amendments. This vote could come as early as Monday, so please act on
this right away!
You can use the Gun Owners Legislative Action Center at
http://www.gunowners.org/activism.htm to send your Senators the
pre-written e-mail message below.
----- Pre-written letter -----
Dear Senator:
Please support the Thune/Vitter amendment to the Department of Defense
authorization bill. This amendment will protect the right of citizens to
carry firearms outside of their home state without violating the rights
of the other states. Thus, the reciprocity language masterfully protects
the principle of federalism while also promoting Second Amendment
rights.
A person's right to defend himself and his family should not end at the
border of his state.
I urge you to vote for the Thune/Vitter concealed carry amendment and to
oppose any modifying actions that seek to weaken their amendment.
Sincerely,
****************************
Please do not reply directly to this message, as your reply will
bounce back as undeliverable.
To subscribe to free, low-volume GOA alerts, go to
http://www.gunowners.org/ean.htm on the web. Change of e-mail
address may also be made at that location.
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U.S. Senate To Vote On National Right-To-Carry
Reciprocity Amendment Early This Week
Contact Your U.S. Senators TODAY And Urge Them To Support Your Right To Self-Defense by voting YES on the Thune-Vitter Amendment!
The U.S. Senate is now considering the National Defense Authorization Act (S. 1390). As a part of the consideration of that legislation, Senators John Thune (R-SD) and David Vitter (R-LA) will offer an amendment this week to provide for interstate recognition of Right-to-Carry permits. There is a very high likelihood of a Senate floor vote on this important and timely pro-gun reform between now and Wednesday.
Now is the time for Congress to recognize that the right to self-defense does not end at state lines. Under the Thune-Vitter amendment, an individual who has met the requirements for a carry permit, or who is otherwise allowed by his home state's state law to carry a firearm, would be authorized to carry a firearm for protection in any other state that issues such permits, subject to the laws of the state in which the firearm is carried.
Contrary to "states' rights" claims from opponents who usually favor sweeping federal gun control, the amendment is a legitimate exercise of Congress's constitutional power to protect the fundamental rights of citizens (including the right to keep and bear arms and the right of personal mobility). States would still have the authority to regulate the time, place and manner in which handguns are carried.
Expanding Right-to-Carry will enhance public safety, and certainly poses no threat to the public. Criminals are deterred from attempting crimes when they know or suspect that their prospective victims are armed. A study for the Department of Justice found that 40 percent of felons had not committed crimes because they feared the prospective victims were armed. The Thune-Vitter amendment recognizes that competent, responsible, law-abiding Americans still deserve our trust and confidence when they cross state lines. Passing interstate Right-to-Carry legislation will help further reduce crime by deterring criminals, and -- most important of all -- will protect the right of honest Americans to protect themselves if deterrence fails.
The Thune-Vitter Amendment represents a giant step forward in the protection of the basic right to self-defense. Its passage will recognize that the rights of law-abiding Right-to-Carry permit holders should be respected, even when they travel outside their home state.
Gun control groups, including New York City Mayor Michael Bloomberg's "Mayors Against Illegal Guns" are running ads trying to scare your lawmakers and the American people into opposing this crucial Right-to-Carry reform. It is critical that your U.S. Senators hear from you immediately.
Please be sure to contact both of your U.S. Senators today, and urge them to cosponsor and support the Thune-Vitter interstate right to carry recipocity amendment. E-mail and call them immediately!
To find contact information for your U.S. Senators, please click here, or call (202) 224-3121.
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