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What else can we do?

Discussion in 'Activism Discussion and Planning' started by bullzeye8, Jun 26, 2015.

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  1. bullzeye8

    bullzeye8 Member

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    As gun owners while it seems like it might be getting a little better for gun rights at the same time I am not sure if it will get much better right now. We have the supreme court going against the constitution saying Obama care is fine, now deciding gay marriage is allowed in all 50 states even though it isn't stated in the constitution, and they denied to hear the Jackson 2nd amendment case even though it is about a right that is clearly given in the constitution. Other lower courts are ignoring what the constitution says about the 2nd amendment. So the only other option is to get legislation passed federally so all states have to grant rights. This will be very very difficult and currently almost impossible because getting the 2/3 majority to overcome Obama's veto is doubtful.

    So is there anything else we can do to bring back our gun rights in all 50 states besides just continued education and getting pro-gun people elected which could be a very long process?
     
  2. hso

    hso Moderator Staff Member

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    It is important for us to understand the basis of SCOTUS rulings instead of parroting what we hear on popular media.

    Yesterday's marriage decision is based on the same Constitutional amendment (the 14th) that provides the argument that driver's licenses and from one state are recognized and accepted in all states and not on what the headlines tout. Simply put freedoms in one state must be recognized in all states. We've tried to make this point with carry permits in the past, but we couldn't get a hearing. NOW we have a HUGE opportunity for us since with this SCOTUS ruling the same point for carry permits and for possession of firearms under the 2A and 14A can be made that legal possession in one state must be the same across all the states. A permit in one must be recognized in any. We can use this SCOTUS decision to file lawsuits forcing the recognition of our enumerated right across state boundaries.

    Here's the email on it from CCRKBA
     
    Last edited: Jun 27, 2015
  3. Spats McGee

    Spats McGee Moderator Staff Member

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    Caveat: I haven't read the marriage decision yet.
    While I don't want to derail this thread, I feel the need to point out one important distinction. Drivers' licenses are recognized as between states due to the adoption of a set of model laws called the Driver License Compact. Here's the relevant part of the Arkansas statute:
    I've seen lots on the internet about how the marriage ruling should make CC legal in all states, but I'm reserving my opinion on that at least until I've read the marriage decision. With that said, reciprocity for DLs has been accomplished through mutual statutory recognition, not through constitutional litigation, AFAIK. It might become a constitutional question when one state begins failing to recognize some other state's DL, but I haven't heard of that happening yet.

    Personally, I think that we should start pushing for the American Bar Association to publish a Concealed Carry Compact, and then push our state legislators to adopt same. Yes, I'm aware of the ABA's position on gun control, but they're the folks that put the various model codes together.
     
  4. hso

    hso Moderator Staff Member

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    Good point, but there's a bit of "how" vs. "what" difference here. The numerous interstate agreements like driver's licenses didn't need to go though constitutional litigation because they weren't opposed on a fundamental level. They weren't opposed because they were seen as of benefit across the states to agree. The basis, though for that agreement wasn't simply that it was overall beneficial, but a constitutional basis also existed providing a "stick" as it were to go with the carrot. The agreements are the "how" as opposed to the "what" itself. Some states disagree that the right to carry is of benefit while others don't agree on how they should accept carry issued by other states, yet some like mine address that by simply recognizing any citizen's carry "license" without regard to how it was granted.
     
  5. old lady new shooter

    old lady new shooter Member

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    A problem I see is that some states (like California, so this is near and dear to my heart) technically allow concealed carry but in some or all of their localities the right is severely restricted based on the discretion of the local issuing agency to decide who should be licensed. How does this situation interact with the idea of states' recognizing each others' permits?
     
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