HolyCoast: A National Gun Rights Bill?

Wednesday, September 14, 2011

A National Gun Rights Bill?

Supposedly we have national gun rights thanks to the Second Amendment, but some states...like mine...don't care much for that part of the Constitution. There's an effort in Congress to extend concealed carry rights from one state to the next:
Lawmakers are considering a House bill that would give Americans who hold permits to carry firearms in their home states the right to carry their weapons across state lines.

Although many states have entered into voluntary agreements, there is no nationwide framework for honoring permits and licenses uniformly. A bipartisan bill, co-authored by Reps. Cliff Stearns, R-Fla., and Heath Shuler, D-N.C., aims to change that.

Supporters say the measure would not create a federal licensing system, but would require that all states recognize lawfully issued permits -- regardless of where they were issued. Gun rights advocacy groups say it's the only way to make sure that lawful gun owners' Second Amendment rights are guaranteed when they travel away from their home states.

But opponents say the bill tramples on each state's autonomy to set the standards legislators believe are necessary to confront local problems. Foes also said that the law could allow violent offenders to hold on to their weapons.
This poses an interesting Tenth Amendment question. Should the states have the power to determine gun laws within their own state, or should this, like abortion, be federalized? There is a difference. Gun rights are specifically mentioned in the Constitution, and therefore you could probably make an argument that a national law like this would be appropriate.

1 comment:

Charlie said...

It's really simple. The Supreme Court has affirmed that the constitution protects not only your right to keep and bear arms, but also protects your right to self-defense. They also affirmed that these constitutional protections apply to the states. Just like the other amendments that apply to the states, 1st, 4th, et. al., you can't have 50 different versions of a constitutional right. It has to aplly uniformally in all states.