Besides being a ridiculous Internet petition, I really think the folks in the RKBA movement need to get together and some of them need to get a grip on what the Second Amendment permits and what it does not - until the Supreme Court of the United States tells us that "
shall not be infringed" means "unfettered right" the phrase "
shall not be infringed" is no stronger than
Congress shall make no law ... abridging the freedom of speech....
There are plenty of laws and rules "abridging" free speech; there are laws that govern where and when you can peaceably assemble, too. The Supreme Court specifically told us that "reasonable restrictions" are permissible with respect to the right to keep and bear arms. So the following is kind of marginally correct:
Quote:
It really is simple...
You either believe it's a right or you believe its something less
|
It's a
right, guaranteed by the Second Amendment, but it is definitely something less than a total guarantee of a free and unfettered right and the more that people suggest that it is free and unfettered the worse it becomes for us down the road.
Just last week the Supreme Court refused to hear an appeal out of Illinois with respect to a ban on magazine capacity and "ugly" rifles (my term but you know what I mean). The result is that now any town or other jurisdiction not subject to a state preemption rule, and certainly any state, can with impunity pass such bans knowing that the Court won't strike them down. DID WE REALLY NEED THAT ON THE PUBLIC RECORD? I wrote to the NRA and told them what an error it was to bring that case.
There is no such thing as "Constitutional carry" in the law. There never has been. It's a political concept at best, in the minds of people who think they get to decide what the law is in America. If free and unfettered open carry is permitted by any state that's just excellent and I applaud the concept even if I won't do it. As of January 1st here in Texas I can do it - but I will not. The "why" is a long story for a different thread. It is NOT Constitutional carry - there simply is no such thing.
I know that will generate some hate mail but I'm old and crusty and a
lawyer so it won't bother me much.
