Short version: No, it is not, by the very text of the Second Amendment.
Long version: It's the cards we're currently dealing with, and until we can drag our government back to its founding document, it's an unconstitutional rule we have to deal with. See also: Departments of Energy, Education, Justice, Transportation, Homeland Security, and many, many others. See also: Common Core, attempts to pre-empt the Constitution via international treaties, Obamacare, free-speech zones, deliberate mis-readings of the First Amendment to attack specific religions, deliberate ignorance of the Tenth Amendment, deliberate ignorance of the Ninth Amendment, and many, many others.
Forcing expansion of recognition of our rights through our state and federal legislatures is a very long, very slow process, because we're forcing them to do something that's not in their own best interests (or rather, the interests of continued and expanded governmental power). It IS do-able, but it requires that the pro-rights advocates be even more stubborn and intractable in their end-goals than our opponents, and that we ensure that ANY compromise we make is one where the OTHER side gives something up, no matter how small, in exchange for us giving NOTHING up.
The recent Open Carry / Campus Carry laws passed in Texas are a good example of this. They are both nowhere nearly what they should be. Neither one is Constitutional on its face, not to a plain reading of the Constitution, due to the allowance of certain continued infringements (license required, colleges still allowed to "off-limits" certain areas), but they are both -better- than what had been the case prior. Concessions, even if small, even if still far away from a plain-text reading of the Constitution, were still made that bring us that small bit closer to a plain-text reading.
The concealed carry movement took years to ramp up to momentum. So will the Constitutional movement. In some areas, concealed carry is still a battle being fought. My hope and prayer is that my children will see a return to Constitutionality, not just in firearms, but in all areas, even if I never see it.
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- by JSThane
- Tue Jun 09, 2015 1:55 pm
- Forum: 2015 Legislative Session
- Topic: Is requiring a permit to carry constitutional?
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