Tuesday, June 30, 2015

Gay Marriage Ruling Paves The Way for Concealed Carry National Reciprocity

AmmoLand Shooting Sports News ^ | June 29, 2015 | AWR Hawkins 

When the Supreme Court of the United States ruled that every state must recognize same sex marriages, they used a basis for judgement that will not easily stop at same sex marriage.
In fact, it is a basis for judgement that should offer itself to national reciprocity of concealed carry permits and permit holders.
The SCOTUS legalized same sex marriage by finding a right which Justices Anthony Kennedy, Ruth Bader Ginsburg , Sonia Sotomayor, Stephen G. Breyer, and Elena Kagan ruled as beyond a state-by-state prerogative via the 14th Amendment.
Crucial in this ruling is the fact that same sex marriage–now recognized by the SCOTUS–is not the only right the 14th Amendment shields from state-by-state prerogative and/or recognition.
Consider this pertinent aspect of the court’s Majority Opinion, written by Justice Kennedy and printed by the LA Times:
Under the Due Process Clause of the Fourteenth Amendment, no State shall “deprive any person of life, liberty, or property, without due process of law.” The fundamental liberties protected by this Clause include most of the rights enumerated in the Bill of Rights.
Now the question–Are 2nd Amendment rights among those “protected by this Clause”?
If we take the SCOTUS at its word, then yes, 2nd Amendment rights are protected under the 14th Amendment. After all, it was by viewing 2nd Amendment rights as incorporated under the 14th Amendment that the SCOTUS struck down Chicago’s gun ban in McDonald v Chicago (2010).
Moreover, two years earlier–in District of Columbia v Heller (2008)–the SCOTUS ruled that the 2nd Amendment rights were “fundamental” in and of themselves as well as “fundamental to the Nation’s scheme of ordered liberty” (IIT Chicago-Kent College of Law)
(Excerpt) Read more at ammoland.com ...

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