By Dr. Ray Kessler, who is, incidentally, a retired Prof. of Criminal Justice, former defense attorney and prosecutor is your host. I am also a part-time instructor in Criminal Justice at Richland College, an outstanding, 2-year institution in Dallas, TX. https://richlandcollege.edu/ Note that I do NOT select which ads run on the blog.
Saturday, January 21, 2012
Second Amendment Takes Another Hit!
18-20 year-olds lost a challenge to Texas' concealed carry law which requires reaching age 21. The judge concluded that the right doesn't extend beyond the home by conveniently ignoring the word "bear" in the Second Amendment (which means "carry"). It's obvious that the colonists at the battle of Lexington and Concord felt their rights were a little broader. Texas does not allow open-carry of handguns (except in very limited circumstances, such hunting, one's own home, etc.) The way I see it, the right to "keep" requires that a state allow some form or carrying, even if requiring a license and at least some minimum background check. I have mixed feelings on the age issues. If these young folks can enlist in the military and make the ultimate sacrifice for their country, it seems hypocritical to say that we can't trust them to get a license to carry (which requires a lot of other conditions, e.g, no felonies.) It seems like we're saying that your good enough to be cannon fodder but not good enough to exercise Second Amendment rights. Any African-American who foolshly thought the battle was over when they won in Brown v. Bd. of Education (1954) will understand what Second Amendment advocates are going through now. The Constitution is the supreme law of the land, not any group's authoritarian bigotry.
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Funny how a federal judge can call an irrational decision "rational". That's scary. I suppose being a court judge doesn't guarantee rational thought. In terms of age, there are people over 21 I wouldn't trust behind the wheel of a car. Yet most Texans 16 and older have a driver's license.
ReplyDelete44:
ReplyDeleteThanks for the comment. There will an appeal to the Fifth Circuit.
Good news on concealed weapon national reciprocity. The federal law would recognize states that allow 18 year olds to carry. As one congressman said, these young people vote and serve in combat. They should have the same ability to self-defense.
ReplyDeletesee, http://www.nraila.org/News/Read/InTheNews.aspx?ID=15773.
44: Thanks for bringing up the national reciprocity bill. It has passed the House, but it's future in the Senate is questionable. Obama is likely to veto if it gets to his desk. Even some pro-gun groups and reps are against the bill. I have seen their arguments, but I don't think I buy them. (Wish I had time to study the bill.)
ReplyDeletehttp://www.usacarry.com/national-concealed-carry-reciprocity-bill-passes-house/
The NRA says these are not valid points
http://www.nraila.org/Issues/FactSheets/Read.aspx?id=189
This bill gives us a chance to see who are the anti-gun authoritarians in the Senate (we already know about Pelosi, Feinstein and Schumer)and may force Obama to show his true anti-Second Amendment colors.