imported post
conservative85 wrote:
The Supreme Court needs to stay out of this too!. They are Judicial, not Legislative...They need not clear up any Constitutionallity, it is clear the 2nd is enumerated, therefor the Feds need to get lost as well as the states. Anything not enumerated, what part of "Not Enumerated" don't they get
I agree that the Federal Government and the states have expanded their power into areas that clearly were not delegated to them. They forget that the people themselves, irrespective of being a citizen of the United States or a particular state within the union, are also given certain rights.
As 2A clearly declares, the "right to keep and bear arms shall not be infringed"; not by states themselves nor the federal government. Since this legislation is acknowledging that states do not have the right to infringe RKBA, at least to a small degree, I think it is supportable. Is it perfect? No. But, pragmatically, it is at least a small step.
I do understand those that believe since neither the states or the Feds should have the power to regulate in this area, they can't support HR197. But do these same people currently have a CPL? Pragmatism, at least to those with a CPL, seems to be prudent in this regard. If a person doesn't want to capitulate on the issue and they therefore have refused to get a CPL, carry as they wish, and are willing to argue when they are arrested that the actions of the government at any level to infringe their right to bear arms is 'unconstitutional", I applaud their stance.
I also think that a strong argument argument could be made that it is somewhat hypocritical if one gets a CPL and then argues that HR197 is wrong because neither the states nor the Feds have been delegated the power to decide who can carry or how they carry.
Therefore, since I have at least
tacitly acknowledged some degree of RKBA regulation, at least on the state level, by my application and receiving a CPL, I support this legislation which expands RKBA until such time as all the laws regarding "keeping and bearing arms" are declared null and void.