2aguy
Diamond Member
- Jul 19, 2014
- 111,975
- 52,247
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Yep......states cannot deny individual Rights....the Federal government cannot deny individul Rights....when one tries to violate Rights, the other needs to step up to protect those Rights....when the democrats used Jim Crow laws to prevent blacks from voting, the Feds had to step up...now some states are denying the Right to Keep and Bear Arms...and it is time for the Feds to step up...
Dave Kopel: National Reciprocity Is As Constitutional as the Gun Control Act of 1968 - The Truth About Guns
Dave Kopel makes the case for the 14th Amendment’s support of a national concealed carry reciprocity law . . . Congress should use constitutional power to force states to honor gun rights
A few weeks ago, the House of Representatives passed the Concealed Carry Reciprocity Act of 2017 with bipartisan support. The Act would allow persons eligible to carry a concealed firearm in their home state to carry in other states as well. Opponents contend that the Act violates federalism. Actually, the Act is well within congressional powers under the Fourteenth Amendment. That Amendment was enacted specifically to give Congress the power to act against state infringements of national civil rights.
As we noted earlier, the 14th Amendment stance seems to be the primary basis of support on which the pro-gun side is making the argument for national reciprocity’s constitutionality.
Section one of the 14th Amendment forbids states to violate civil rights. Section five of the Amendment grants Congress “the power to enforce, by appropriate legislation, the provisions of this article.” Enacted during Reconstruction, the Fourteenth Amendment was a remedy to ex-Confederate states denying freedmen the right to arms and other civil rights.
One of the civil rights protected by Concealed Carry Reciprocity is the right to interstate travel. It is “a virtually unconditional personal right, guaranteed by the Constitution to us all,” the Supreme Court said in Sáenz v. Roe (1999). The Sáenz court explained that travelers have the “right to be treated as a welcome visitor rather than an unfriendly alien when temporarily present in the second state.”
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Oh, and there’s another civil right that the 14th Amendment protects happens to protect, too.
Another national civil right that is protected by the Reciprocity Act is the Second Amendment right to bear arms. As the Supreme Court wrote in D.C. v. Heller (2008), “the inherent right of self-defense has been central to the Second Amendment right.” Thus, the Amendment “guarantee the individual right to possess and carry weapons in case of confrontation.”
Like other constitutional rights, the right protected by the Second Amendment is not limited to one’s state of residence. The Fourteenth Amendment made the Second Amendment (and most of the rest of the Bill of Rights) directly enforceable against the states. Coloradans must be free to practice their religion in Utah. Ohioans’ free speech must be protected in Michigan. North Dakotans must be free from unreasonable searches in South Dakota. And Idahoans’ right to bear arms must be recognized in Oregon.
Dave Kopel: National Reciprocity Is As Constitutional as the Gun Control Act of 1968 - The Truth About Guns
Dave Kopel makes the case for the 14th Amendment’s support of a national concealed carry reciprocity law . . . Congress should use constitutional power to force states to honor gun rights
A few weeks ago, the House of Representatives passed the Concealed Carry Reciprocity Act of 2017 with bipartisan support. The Act would allow persons eligible to carry a concealed firearm in their home state to carry in other states as well. Opponents contend that the Act violates federalism. Actually, the Act is well within congressional powers under the Fourteenth Amendment. That Amendment was enacted specifically to give Congress the power to act against state infringements of national civil rights.
As we noted earlier, the 14th Amendment stance seems to be the primary basis of support on which the pro-gun side is making the argument for national reciprocity’s constitutionality.
Section one of the 14th Amendment forbids states to violate civil rights. Section five of the Amendment grants Congress “the power to enforce, by appropriate legislation, the provisions of this article.” Enacted during Reconstruction, the Fourteenth Amendment was a remedy to ex-Confederate states denying freedmen the right to arms and other civil rights.
One of the civil rights protected by Concealed Carry Reciprocity is the right to interstate travel. It is “a virtually unconditional personal right, guaranteed by the Constitution to us all,” the Supreme Court said in Sáenz v. Roe (1999). The Sáenz court explained that travelers have the “right to be treated as a welcome visitor rather than an unfriendly alien when temporarily present in the second state.”
-------
Oh, and there’s another civil right that the 14th Amendment protects happens to protect, too.
Another national civil right that is protected by the Reciprocity Act is the Second Amendment right to bear arms. As the Supreme Court wrote in D.C. v. Heller (2008), “the inherent right of self-defense has been central to the Second Amendment right.” Thus, the Amendment “guarantee
Like other constitutional rights, the right protected by the Second Amendment is not limited to one’s state of residence. The Fourteenth Amendment made the Second Amendment (and most of the rest of the Bill of Rights) directly enforceable against the states. Coloradans must be free to practice their religion in Utah. Ohioans’ free speech must be protected in Michigan. North Dakotans must be free from unreasonable searches in South Dakota. And Idahoans’ right to bear arms must be recognized in Oregon.
