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Todays ruling on gay marriage means that states with no Concealed Carry will have to allow someone visiting from a state with Concealed Carry the right to Conceal Carry.
Rex
(65,616 posts)Ouch ouch ouch...
just had surgery. Still not feeling too good.
Rex
(65,616 posts)Sorry did not mean you at all, I should have been more precise. I hope you have a speedy recovery!
Le what?
Rex
(65,616 posts)How anyone can go from SSM to CC is beyond my tiny little brain.
randys1
(16,286 posts)WE need to enforce the 2nd by the way so they cant have guns, they are not mature enough to
NuclearDem
(16,184 posts)lancer78
(1,495 posts)Rex
(65,616 posts)icymist
(15,888 posts)See? Works both ways!
House of Roberts
(5,177 posts)I expressed on another thread. Your rights don't change when you cross a state line, which includes firearm rights. I am not a gun person, but I do not fear those with guns, who have passed the increased scrutiny of an advanced license issued by law enforcement.
Baitball Blogger
(46,743 posts)tattooed on their forehead.
hifiguy
(33,688 posts)Rex
(65,616 posts)Ammosexuals (whomever made up that word is awesome BTW) seem to be able to only focus on things that begin with the letter G.
hifiguy
(33,688 posts)If so, it is one of his top three greatest hits.
And it is always nice to see more ponies on DU. I was looking for that CMC "Doesn't even deserve" graphic but couldn't find it quickly so I used Rarity instead.
NuclearDem
(16,184 posts)hifiguy
(33,688 posts)Nuclear Unicorn
(19,497 posts)Conservatives don't have a monopoly on respect for the RKBA and many have argued that since the RKBA is a right then some one who legally possesses a gun in one state shouldn't face prison for going to another state, QED Shaneen Allen.
petronius
(26,602 posts)A marriage license, birth certificate, or diploma, for examples, recognizes a status or condition. By contrast, a permit to carry, or practice law, or drive, or hunt/fish, or whatever, is a permit to actively do something within the state.
It seems reasonable to me that states should be required to recognize other states' documents in the former category, while retaining state-level control over activities in the latter category...
Nuclear Unicorn
(19,497 posts)If we did the state would cease to be legitimate. In fact, the state is obligated to not interfere or punish when we exercise our rights.
If we accept restrictions upon our rights it is only after a compelling interest can be demonstrated and even then the least intrusive standard must be employed, i.e. we have background checks to ensure duly convicted felons do not purchase guns, we have marriage licenses to ensure blood relatives do not marry.
salib
(2,116 posts)"Self-defense is a right"? I do not see anything remotely similar to that stsement in the constitution. Certainly not the second amendment.
Ignoring that, however, to make the comparison between SSM and CC is confusing stastus with laws. What marriage means varies state by state. Who can marry is what SSM ruling was about. Some counties are not giving any marriage licenses. Stupid, but allowed. If a county in Alabama can simply say no marriage licenses, why can't Washington D.C. no guns?
Silly, silly, silly comparison.
Nuclear Unicorn
(19,497 posts)doesn't make any mention of conscience yet it protects the means of informing the conscience as the 2A protects the means of self defense.
To claim there is no right to self defense is ludicrous. It has never been observed in the US (except for slaves and native peoples). Find for me anyone who will make the case that a victim cannot resist an attacker. Again, the state would cease to be legitimate.
And I'm not sure how the argument stands that just because Place X does something different than Place Y with regards to marriage it is then presumed they are right to do so with regards the 2A.
First, either or both may be in error.
Second, even if they have separate criteria for obtaining a marriage license, such as ages of majority, the unions would still be recognized in the other state. In other words, reciprocity.
salib
(2,116 posts)Stupid of me. Need to avoiding drinking and posting.
Hey, if it weren't for the olives in my Martinis, I would starve.
However, the idea that one has a right to self-defense according to the constitution I do not agree with. That is a relatively recent construct of conservative courts. It is seen as a requirement in order to then jump to guns. Preferably big threatening guns. Penis shaped guns.
See, I should not drink and post. Doesn't make this post off the mark, though.
Nuclear Unicorn
(19,497 posts)offended by the incessant penis references. I do not advocate for the RKBA because I need more/bigger penises in my life nor are guns the sole province of men. It is really a sexist and chauvinistic line of insults considering women have been working for equal recognition in fields such as law enforcement and the military.
Surely a movement that seeks to claim for itself the intellectual and moral high ground could see its way to not resorting to such childish gutter insults.
As to your line of argument --
A review of many state constitutions will show that the right to self defense has been long recognized.
To wit --
Vermont:
Chapter 1, Article 16, That the people have a right to bear arms for the defence of themselves and the State - and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power.
New Hampshire:
2-a. All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state. (Added in 1982)
Rhode Island:
Article 1, Section 22. Right to bear arms. -- The right of the people to keep and bear arms shall not be infringed.
Connecticut:
Article 1, SEC. 15. Every citizen has a right to bear arms in defense of himself and the state.
Pennsylvania: (The Declaration of Rights of the Pennsylvania Constitution predates and was a model for the Bill of Rights of the United States Constitution)
Section 21 . Right to Bear Arms
The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.
Delaware:
Article 1, Section 20. A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use. (Adopted 1987)
Ohio:
Article 1, .04. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be kept up; and the military shall be in strict subordination to the civil power.
Kentucky:
Section 1, Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
Mississippi:
Constitution of 1817: Article 1, Section 23. Every citizen has a right to bear arms in defence of himself and the State.
As you can see the thought is as old as the nation. It is also the reason why the law has always recognized such things as justifiable homicide.
petronius
(26,602 posts)CCW, but it's not an argument for requiring states to abide by other states' processes for the same. I would argue that each state should be allowed to develop that process for itself (subject to 2A/USSC limits), and hold all persons present in the state to the rules of that process. If states wish to enter into reciprocity agreements that's up to them, if they want Constitutional Carry then great, if they choose shall-issue-with-training (my preference) then so be it, and so on...
Nuclear Unicorn
(19,497 posts)Ditto corporations, many professional certifications, etc. The no-reciprocity argument is just a means for harassing the poor and unconnected into not exercising their rights.
Nuclear Unicorn
(19,497 posts)Consider the case of Shaneen Allen.
When Ray Rice beat his wife unconscious in an elevator, New Jersey Superior Court Judge Michael Donio and New Jersey District Attorney Jim McClain agreed to put him in a diversion program for 1st-time offenders to keep him out of jail. But when Pennsylvania single mom Shaneen Allen was pulled over for a traffic violation and volunteered to a New Jersey police officer that she was carrying a legally-owned handgun with a Pennsylvania permit, the response of Donis and McClain was to deny her the same opportunity as Rice.
Allen lives in Philadelphia, right across the river from New Jersey. She has a Pennsylvania permit to carry a handgun. She thought it was recognized in New Jersey, just as it is recognized in over 30 other states. She was wrong. When she told the officer that she had the gun, she was arrested.
http://www.usatoday.com/story/opinion/2014/08/10/ray-rice-shaneen-allen-gun-column/13862831/
Then there is David Gregory who, through political connections, was allowed to wave a 30-round magazine on TV even though it was illegal to possess inside the District of Columbia. No inquiry as to how he effectively smuggled it in to DC just the ol' boy network at work.
But then there was this --
On July 7, 2012, the police banged on Witascheks Georgetown home at 8:20 PM to execute a search warrant for firearms and ammunition gun cleaning equipment, holsters, bullet holders and ammunition receipts.
After entering the house, the police immediately went upstairs and pointed guns at the heads of Witaschek and his girlfriend, Bonnie Harris, demanding they surrender, lay face down and be handcuffed.
Recalling the incident, Witaschek became visibly emotional and upset while describing how police treated not only him, but Ms. Harris and the four children in the house. When police arrived, his 16-year-old son was in the shower.
...
While the police did not find any guns in the house, they wrote on the warrant that for items were discovered: One live round of 12-gauge shotgun ammunition, which was an inoperable shell that misfired during a hunt years earlier. Witaschek had kept it as a souvenir. One handgun holster was found, which is perfectly legal.
http://usfinancepost.com/d-c-man-faces-two-years-for-having-empty-shell-casing-8760.html
The law is not being used to protect society but to destroy the people it is instituted to protect. It is these sorts of absurdities that delegitimize the War on Drugs, even though drugs are not a right as is self defense.
Shamash
(597 posts)If you are going to include driver's licenses in the "doing" category that states can regulate, then that would imply that a state could deny the validity of out-of-state licenses, which I do not think is what you intended to say.
Conversely, many states do deny a "being something" status to outsiders. "Being" the new owner of a "assault weapon" whether anything is done ("doing" with it or not, is now a status a person in CT or NY cannot gain the status of.
Personally, I think the SC decision is long overdue. A legal status you have in one state should not be invalidated just because you cross state lines. This is one country, not a bunch of squabbling little international borders. And today's ruling gets us a little closer to being one rather than fifty.
petronius
(26,602 posts)remarkably foolish for a state to decline to recognize an out-of-state DL, I think they should be allowed to do so. (Although that is an area where the federal government could reasonably insert itself, assert itself, to compel reciprocity I can't see where it has nor do I think it should do so. States should be allowed to decide, and it looks like they've all made the right decision.)
I don't agree that your AW comparison is valid (although I do oppose AWBs in general). Being the possessor of a piece of property is not a personal characteristic or identity in the vein of marriage, birth, etc. In those cases, the state's interest is in the item, not the person...
But given the ties that marriage has to property (ever been divorced?), the division is not entirely clear cut between states of "doing" and "being". Going back in US history to where wives were effectively property muddies it even more, as do the laws regarding responsibility of parents for their children's misconduct or dog owners for the dog's actions.
My personal opinion is that "state boards" really have little purpose except revenue collection. If a person has passed whatever academic requirement is a pre-requisite for performance of given profession (like a medical degree), a "state board" should simply be whoever administers a federal standard test and the results of that test should be valid nationwide.
But even if we disagree, it is an interesting way of looking at the issue. Thanks.
edhopper
(33,591 posts)that conceal carry is a Constitutional right, that is correct. Until then.
Baitball Blogger
(46,743 posts)They are still bartering for horses and cattle.
mercuryblues
(14,532 posts)test that theory in NY
Marr
(20,317 posts)"states rights"... and they STILL don't even get THAT point?