The state does not have the authority to deny rights listed in the Constitution does it?
If the state had that power then it could require and grant or deny permits for any and all activities related to our Constitutional rights.
How about a permit to blog about the government, a permit to attend a church, a permit to ensure your protection from unwarranted searches etc.?
The state does not have the authority to deny rights listed in the Constitution does it?
Exactly if the states did not grant the feds the authority then it's a states issue. When gay marriage is added to the bill of rights then the states will have given the FEDS authority on that issue untilk then it's a state issue.
I disagree Reb.
I didn't read the whole thread, just the first and last page so I apologize if this was already covered.
This becomes a Federal issue under the Privileges and Immunities Clause... "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."
This was already covered somewhat by Federal Law under Title 18, Part 1, Chapter 44, § 926A:
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driverÂ’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
Meaning, I have the right to transport my firearm in any state in the manner prescribed, in spite of any state or local law.