brownspotz
Ultimate Member
- Oct 22, 2013
- 1,766
What Maryland isn't helping
This is good news but the fact that its not like 30 or 35 tells me there are a lot of states that think this is a states rights or political issue, not a constitutional one.. What states are not on the list that you might expect to see? TN. TX. MS. North Dakota.
The 2nd amendment to the US Constitution is a states rights issue? How odd that it would be in the United States Constitution then.
I suspect that most states haven't chimed in because this is still the early stage. If it is granted cert, I suspect more states will join in.
Texas is the one that comes to mind offhand (recall NRA v. McGraw). What I mean by states rights is that some ostensibly pro-gun states like Texas want to preserve as much discretion as possible to regulate guns and specify what crimes make one prohibited. Texas is not as pro-gun as people say it is and would be concerned if the SCT said it had to allow unlicensed open carry of handguns (as some people have interpreted the traditional right to carry). Imagine they granted Embody, and that was the outcome. Imagine they supported a brief in Drake, with the side effect that Embody got taken and decided in favor on Embody.
The Texas constitution actually says "Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime." There is a possibility that the Federal 2A is broader than the Texas one, and Texas may have a problem with that. I am picking on Texas, but I could see a few other progun states having the same issue - they do not want SCT to go to far, and they could care less whether people in NJ can carry (just move to Texas!).
The AGs from the states that did file amicus briefs are right. If the 2nd Amendment is held not to protect carry, then (with the absurdly expansive view of the Commerce Clause), Congress could prohibit concealed carry by making it a federal crime to carry a firearm that has been transported in interstate commerce. That's basically the jurisdiction hook they used in the hate crimes statute (18 USC 249) and in the Gun Free School Zones Act (18 USC 922(q)).
Wrong, they can do that today and there would be no precedent stopping them.
Wrong, they can do that today and there would be no precedent stopping them.
Right, that's my point. The state attorneys general are trying to establish that precedent.
They are finally getting a clue that bad law in one state leads to bad law federally. About f..ing time...
And yes they could outlaw carry at a federal level ( witness the GFSZ nonsense ) They could ban carry on any interstate ..
But that would lead to the con con that would likely expel a fair number of blue states
They know it. For now.
As my friend Anthony Colandro likes to say - what happens in NJ, doesn't stay in NJ.
Look at Eric Holder talking about "bracelets." What he is really talking about is the Armatix IP1 and NJ's smart gun law, which he wants to push nationwide.
They divide the union I think I will pack up and move.
I assume you mean to the free states ?? I all seriousness any lover of freedom must have a bug out plan. I think we can still pull it off,but I always have an exit plan if I need it.. Its just prudent ..