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Posts Tagged constitution
Gun-control advocates often argue that gun-control laws must be more restrictive than the original meaning of the Second Amendment would allow, because modern firearms are so different from the firearms of the late 18th century. This argument is based on ignorance of the history of firearms. It is true that in 1791 the most common firearms were handguns or long guns that had to be reloaded after every shot. But it is not true that repeating arms, which can fire multiple times without reloading, were unimagined in 1791. To the contrary, repeating arms long predate the 1606 founding of the first English colony in America. As of 1791, repeating arms were available but expensive.
From The Washington Post:
There are questions, however, about Congress’s authority to pass the bill, which seems to stretch the limits of the commerce power and of the 14th Amendment’s enforcement power, as discussed in posts by Josh Blackman and Joseph Blocher, among others. But there may be another way.
In a letter sent today, Stephen Sachs, Randy Barnett and I argue that Congress should not rely on the commerce power but should instead rely on the Full Faith and Credit Clause.
From Military Arms Channel:
From Washington Times:
Kellogg Community College students Brandon Withers and Michelle Gregoire were arrested Sept. 20, 2015, in Battle Creek after they refused to stop handing out copies of the U.S. Constitution on campus. Officials cited the school’s Solicitation Policy, which requires permission for such behavior, before having the Young Americans for Liberty members and a friend arrested.
On behalf of its five-million members, the National Rifle Association’s Institute for Legislative Action (NRA-ILA) applauded the introduction of H.R. 38, The Concealed Carry Reciprocity Act of 2017, authored by Congressman Richard Hudson (NC-8). This legislation would eliminate the confusing patchwork of state carry laws by allowing individuals who possess concealed carry permits from their home state or who are not prohibited from carrying concealed in their home state to exercise those rights in any other state that does not prohibit concealed carry.
From The Denver Post:
The Denver Sheriff Department has run afoul of the U.S. Department of Justice because it made U.S. citizenship a job requirement for its deputies during a hiring spree in 2015 and early 2016.
The sheriff’s department will pay a $10,000 fine and will have to sort through old applications to identify people who were eliminated from consideration because they were not U.S. citizens, according to a news release from the justice department.
When will the insanity end?
For example, groups seeking tighter gun laws have been trying to get away from the “gun control” label since well before ARS started testing for a new messaging strategy last year. Better options, they say, are “gun violence prevention” and “preventing gun tragedies.”
“We’ve stepped away from a debate about guns that was sort of postured pro-gun or against-gun,” said Peter Ambler, the PAC’s executive director, “into one that’s centered around data-tested ideas like the background checks that we know increased public safety and save lives, but don’t sort of disapprove of the individual gun owner and don’t disapprove of the responsible use of firearms in society.”
From Judge Richard Posner:
I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21stcentury. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.
From Fox News:
More from the judge at Reason.com:
We know from reason, human nature, and history that the right to defend yourself is a natural instinct that is an extension of the right to self-preservation, which is itself derived from the right to live. Life is the great gift from the Creator, and we have a duty to exercise our freedoms to preserve life until its natural expiration. But the lives we strive to preserve should not be those actively engaged in killing innocent life.
From The Washington Post:
A federal judge ruled Tuesday that a key provision of the District’s new gun law is probably unconstitutional, ordering D.C. police to stop requiring individuals to show “good reason” to obtain a permit to carry a firearm on the streets of the nation’s capital.
U.S. District Judge Richard J. Leon found that the law violates the “core right of self-defense” granted in the Second Amendment, setting aside arguments from District officials that the regulation is needed to prevent crime and protect the public.
The legislation, House Bill 786, expands current carry provisions from carrying in a bag, purse, or satchel without a permit to carrying holstered without a permit, as well. TheNRA-ILA reports that Michael Bloomberg-funded Everytown for Gun Safety vehemently and unsuccessfully opposed the bill, which passed the House by a vote of 85-35.
Governor Phil Bryant (R) is expected to sign the bill into law.
From US News:
A South Carolina lawmaker invited nationwide condemnation Tuesday with legislation proposing a mandatory journalist registry and potential jail time for violators. But state Rep. Mike Pitts now says he intentionally duped reporters and press advocates to expose what he sees as their hypocrisy.
“I filed this legislation as an experiment to make a point about the media and how they only care about the constitution when it comes their portion of the 1st Amendment,” the Republican legislator wrote on his Facebook page Wednesday morning.
From The Daily Caller:
“So let’s solve the problem,” Mikuski urged. “Let’s not get involved in constitutional arguments, and let’s help our American people be safe and secure in their home, their neighborhood, their school and their house of worship.”
From USA Today:
San Bernardino County reported a nine-fold increase in concealed weapons applications in the month that followed the Dec. 2 terror attacks, and the surge continues. In Riverside County, the permitting process is so backlogged that it now takes a year-and-a-half to meet with an official to submit an application.
“It’s ridiculous,” said John R. Lott Jr., a pro-gun academic with the non-profit Crime Prevent Research Center. “Most states in the country will get you a concealed carry permit within at least 60 days. What if you have a woman who is being stalked or threatened? What is she supposed to do — wait a year and a half just to get an appointment?”
From Fox News:
A Pennsylvania building believed to be the birthplace of the Bill of Rights was partially demolished earlier this month because developers didn’t know the origin of the site, The Sentinel reported.
The building, originally known as the James Bell Tavern, hosted a meeting in 1788 of anti-Federalists opposed to the ratification of the new nation’s Constitution. The group began calling for changes to the document, and their plea was eventually heard when the Bill of Rights was adopted in 1791.