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Constitutional Carry V Non constitutional carry

countryclubjoe

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Mar 3, 2013
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nj
Are non-constitutional carry States in violation of the United States Constitution? If yes, what is the remedy for citizens of said states?

TIA.

Regards
CCJ
 

OC Freedom

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Feb 20, 2014
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646
Location
ADA County, ID
Are non-constitutional carry States in violation of the United States Constitution? If yes, what is the remedy for citizens of said states?

TIA.

Regards
CCJ

This youtube video shows exactly what the Second Amendment really means and should answer your question.

[video=youtube;51clP7JRqv8]https://www.youtube.com/watch?v=51clP7JRqv8[/video]
 

utbagpiper

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Utah
COTUS per se frames and delimits the power of the national government of the United States. It is only through subsequent jurisprudence that it has any effect on the sovereign states.

The best hint is in the First Amendment's prefatory clause, "Congress shall make no law ... " The effect of the constitution would be clearer if all of its limits were prefaced so.

The 14th amendment has expanded the purview of the COTUS and congress into protecting the privileges and immunities of every citizen against State level infringements.

Hence, Congress properly passes laws preventing States and cities from infringing 1st amendment free exercise of religion rights by using zoning to make it practically impossible to build churches.

Congress could and should properly pass similar laws preventing States and cities from infringing 2nd amendment RKBA rights by prohibiting the peaceful possession of self-defense firearm, or even requiring a permit to carry firearms.
 

utbagpiper

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Are non-constitutional carry States in violation of the United States Constitution?

Yes. I believe they are.

Get me appointed to the SCOTUS and that opinion will matter to someone besides just you and me.

If yes, what is the remedy for citizens of said states?

Get involved in the political process - change the laws.

+1

We've got a 20 year history of tremendous success and gains through political activism. Elect the guys who will vote for better (or at least slightly less offensive) laws. Defeat the guys who vote against us.

Work well with others, including those who don't agree with us 100%, because nobody agrees with anyone else 100%.

Take a success even if not complete or perfect. Build on it tomorrow. Avoid accepting crap just to get to claim a bill passed. But don't let the perfect be the enemy of the "good enough".

"The price of liberty is eternal vigilance." That doesn't mean sitting on the front porch with a black rifle across our laps. It means putting on appropriate business attire, peacefully and articulately engaging in the grand debates in the public sphere, and walking door-to-door encouraging neighbors to vote one way vs another, and then parlaying that into votes in the legislature. That will never change. No SCOTUS ruling is going to eliminate this need. No ConAmd will save us from the necessity of hard work. No revolution or protest will be easier or more sure to yield desired results.

"What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated."

There is no cheap path to freedom or liberty. Grand talk of rebellion too often is merely cheap rhetoric to excuse the laziness of not doing the real work, the long chore, of what actually works best.

"Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed."

Those who will not engage in the long, hard work of avoiding the need for armed rebellion, will most surely fail to secure freedom through rebellion. Note the outcomes of the French Revolution and every Communist backed revolution in the last 100 years.

Drop all talk and hints of rebellion until after you have personally engaged in the hard work of political activism and still lost ground. Not merely failed to gain ground as quickly as you'd like. Impatience is not sufficient justification for revolt. So long as the ball moves the right direction, however slowly that may be, there is no justification for anything except peaceful, lawful work within the established legal and judicial system.
 
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FreedomVA

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Jul 25, 2017
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FreedomVA
my belief is, if the original citizens of the United States were unarmed and can not openly carry during the American Revolutions, then there would be no United States today.
 

countryclubjoe

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nj
Begs the question.. There are six states, New York, New Jersey, California, Maryland, Minnesota and Iowa, all six states are truly anti gun states.
All six have no 'Right to keep an bear arms amendment" in their respective state constitution. Think of that for a minute, no right to keep and bear arms in their constitution.. In my humble opinion each state is clearly in defiance of the Bill of Rights and in violation of the Supremacy Clause of the United States Constitution article VI clause 2.. Therefore begs the question, are these anti 2nd amendment states violating the Supreme law of the land? And would a Federal Court rule that said state constitutions are null and void?...

Thoughts and opinions most welcome.

Regards
CCJ
 

solus

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Aug 22, 2013
Messages
9,159
Location
here nc
Begs the question.. There are six states, New York, New Jersey, California, Maryland, Minnesota and Iowa, all six states are truly anti gun states.
All six have no 'Right to keep an bear arms amendment" in their respective state constitution. Think of that for a minute, no right to keep and bear arms in their constitution.. In my humble opinion each state is clearly in defiance of the Bill of Rights and in violation of the Supremacy Clause of the United States Constitution article VI clause 2.. Therefore begs the question, are these anti 2nd amendment states violating the Supreme law of the land? And would a Federal Court rule that said state constitutions are null and void?...

Thoughts and opinions most welcome.

Regards
CCJ

interesting perspective but how would a grassroot entity push that per se?
 

countryclubjoe

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Mar 3, 2013
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nj
interesting perspective but how would a grassroot entity push that per se?


Without case law, I would imagine educating via press releases or word of mouth etc..

The problem is most people in the aforementioned states probably have no clue that their state is not in full compliance with the United States Constitution and probably most simply DO NOT CARE... As I expounded many times here, Government relies on the ignorance of the people and most folks are content with their government issued privileges as opposed to knowing and fighting for their rights..

Solus, a bit off topic, glad to see you back and participating herein, different points of view argued civilly benefit all that wish to open their thinking to different points of view.

My .02
Best regards
CCJ
 
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