House GOP pushes pro-gun bill that would supercede states' rights

[nclib]

Scary that this bill already has enough (244) co-sponsors to pass. Hopefully the Senate will block it.

"Some bad ideas refuse to die. Include in that category an extreme proposal percolating in the House to strip states of their authority to decide who may carry a concealed loaded firearm. This gift to the gun lobby, the subject of a hearing last week by a House Judiciary subcommittee, is nearly identical to a provision the Senate defeated by a narrow margin two years ago.

Every state but Illinois makes some allowance for concealed weapons. The eligibility rules vary widely and each state decides whether to honor another state’s permits. For example, 38 states prohibit people convicted of certain violent crimes like assault or sex crimes from carrying concealed guns. At least 36 states set a minimum age of 21; 35 states require gun safety training."

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Read more at: http://www.ourlivesourlaws.org/nytimes_editorial_9_18

[True Federalist (진정한 연방 주의자)]

I think the current Senate will block it, but it is questionable that the next one will.

If one still holds to the theory that the second Amendment only pertains to the right to bear arms within a militia, then this bill is clearly constitutional.  After all, Article I Section 8 explicitly grants to Congress the power "To provide for organizing, arming, and disciplining, the Militia".

However, Heller has made it clear that the position of the court is that the right to bear arms is an individual right.  As such, it falls within the scope of Article IV Section 1, which gives Congress the right to pass laws to ensure the Full Faith and Credit of the actions of other states.

The bill is clearly constitutional, but it could come back to bite the social conservatives in the ass.  After all, if the Full Faith and Credit clause can be used by Congress to compel the acceptance of concealed carry licenses issued by other states, it could also be used to compel the acceptance of marriage licenses issued by other states.