On Wednesday, Governor Wayne LePage of Maine signed a law making Maine the sixth State to not require any permit to carry a concealed weapon.
As I have stated before, given the patently racist nature of gun permits in America, we should take advantage of the current public outrage against anything remotely discriminatory, and push for an elimination of all permit requirements.
At least this is a start. Well done, Maine.
Given today’s Supreme Court ruling on same-sex marriage, many are calling for using the same argument of 14th Amendment guarantees of equal protection under the law to push for national reciprocity for concealed carry licenses.
While I have pointed out previously that a national law requiring reciprocity would be unconstitutional under the 10th Amendment (and I won’t go into that argument today), I can see where a 14th Amendment argument might have some merit, provided the result isn’t that they then say that we must adhere to the most stringent carry licensing requirements. And don’t think the left wouldn’t make that argument.
But my point today is that while we need to strike now to take advantage of the hottest news item, let’s go one step further, and take advantage of the slightly less recent full court coverage of America’s new-found abhorrence of all things Confederate.
It should be obvious to anyone who studies the history of gun control in America, but the current concept of licensing concealed carry goes back to the Jim Crow era in the South, following the war. So, we should strike while the anti-racist iron is hot, and demand a repeal of concealed carry licenses altogether.
If we are going to take advantage of a hot news item, let’s go all the way. Demand equal protection under the law, without government interference, and take it to its logical conclusion. Anything else is a waste of a good opportunity.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Tenth Amendment to the Constitution of the United States
From time to time I read about proposals for a national law requiring reciprocity of concealed carry permits between the states. The most recent example is the Constitutional Concealed Carry Reciprocity Act, introduced by Senator John Cornyn, R-TX.
Sadly, I have some bad news about this proposal, and about a national CCW reciprocity law in general: It would be unconstitutional under the Tenth Amendment.
Consider:
Nothing in the US Constitution gives Congress the authority to regulate the issuing or honoring of concealed carry permits issued by the States. In fact, nothing in the Constitution addresses concealed carry permits at all. Therefore, Congress has no authority to order the States to honor permits from other States.
Now, let me say that I am in no way saying we should not be able to carry a concealed weapon. And, I am not saying that my Georgia Weapons Carry License should not be honored in other states. However, the method by which this is accomplished is the issue at hand, and the current proposal doesn’t pass muster.
As an intelligent American, you know this to be true, even if you wish it were not.
There are several camps out there who make arguments that we should support this unconstitutional law. Let’s take a look at one.
The Driver’s License Argument
“The law should force States to honor my carry permit, like it forces them to honor my driver’s license.”
This claim, unfortunately, is based on ignorance. The honoring of drivers’ licenses is the result of an agreement among the States called the Driver Licence Agreement. Does that sound familiar? It should, because that’s what currently regulates reciprocity of carry permits – agreements between the States.
Why not a law? Because nothing in the Constitution gives Congress authority over licensing drivers, and at one time, we actually paid attention to the Constitution.
Thank God.
Think about it: the Federal government already will retain highway funds from States, unless they institute laws it agrees with, and mandates, like the right speed limits, or the right drinking age. Federal control of drivers’ licenses would open us all to such abuse as we can only imagine.
And if you follow that line of reasoning, you can then cut off the next line of reasoning for federal carry permit reciprocity: “Why don’t we just pass a law (or amendment) giving the feds authority over carry permits?”
Oh.
My.
God.
That, my friends, leads exactly where you think it leads.
Now, I know this is a big disappointment to a lot of people. Believe me, I wish we could have it, too, but I am not willing to give up my Constitutional rights for something I want, and you shouldn’t be, either.
As always, I welcome your reasoned discussion on this issue.
Coming tomorrow – the answer to CCW reciprocity.
As I reported last year, the Georgia Legislature passed a law, HB 826, which Governor Deal signed, that exempts GWCL holders from prosecution for carrying weapons within school zones.
As one might expect, the idea that HB 286 actually allows what it says it allows was disputed, most notably by the Georgia Attorney General.
And, as one might expect, GeorgiaCarry.Org has filed a lawsuit to force the State to read the words in the law, and enforce the law as written.
More to come, I am sure . . . .
Fill Yer Hands 