The federal government gave the states power over anything not specifically enumerated in the Constitution.
The right to bear arms is guaranteed in the constitution. The states should not be able to hinder any citizen exercising that right.
Actually the right of the individual to bear arms wasnÂ’t determined until 2008 with the
Heller ruling, and incorporated to the states in
McDonald last year.
This has nothing to do with ‘enumerated powers,’ rather it has to do with the 14th Amendment applying the Bill of Rights to the states. It’s the same principle as compelling the states to acknowledge privacy rights, search and seizure rights, and due process rights.
Since guns are not outright banned in any state, states are not hindering anybody's right to bear arms. Different states have different gun laws. Each state's gun laws should be respected. Don't tell me that you have the right to openly carry in my state without training or a permit just because you can do so in your state. There is absolutely nothing unconstitutional about that.
It depends on how the courts rule on various gun laws, certain measures deemed to preempt the Second Amendment should be struck down, regardless the majority position of a given state, since whether one may be entitled to a given right is not determined by popular vote.
I feel there should be a nationwide framework for honoring permits and licenses uniformly, as the right to keep and bear arms was given in the 2nd amendment. Since it was given to the federal government, gun policies should be set by the federal government.
ThatÂ’s not how it worksÂ…
States may enact any gun restrictions they want, provided they understand such measures may be struck down as un-Constitutional at some future date. The issue in the OP has to do with the supremacy of Federal laws, having nothing to do with the Second Amendment per se.
Apples and oranges. Requiring permits does not hinder gun ownership. While religious people do kill people, religion does not; therefore, I do not support having to get a permit to practice your religion. People with guns do kill people; sometimes it's malicious; sometimes it's by accident because they aren't conscientious gun owners. People should pay annually for gun permits. If you want to own a deadly weapon, you should have a permit for it and you should take gun safety courses.
That’s what will be determined by the courts – do permits constitute an undue burden upon those wishing to exercise their Second Amendment rights. The analogy of requiring a permit to practice one’s religion is on point.
permit is a privlege privlege's are not rights.
A permit to carry a concealed weapon is appropriate because to do with without a permit is a felony. It is un-Constitutional, in my opinion, to require an American to have a permit to open carry, purchase, or otherwise possess a firearm. Such requirements are predicated on a presumption of guilt, if you will – Americans are not required to prove they won’t abuse a given right in order to exercise that right.
Unlike the right to speech and religion, the case law with regard to the Second Amendment has yet to be written. But although certain restrictions are appropriate – with regard to minors, the mentally ill, felony convictions, immigration status, etc - any other restrictions with regard to purchase permits, waiting periods, and design restrictions, clearly conflict with the Second Amendment.