Sunday, February 15, 2015

2 Big Gun-Owner Rights Issues in Texas

The latest state government elections in Texas put more gun-owners rights supporters in office.  The legislature is considersing two issues. The governor has indicated support.
1.  Allowing concealed carry licensees to carry inside public college and university buildings.  They can already carry on the grounds of the institution.  I agree with this proposal.  Most college students will not be eligible because of age.  Those with "problems" (e.g. convictions) will, as in the general population, not be licensed.  I have heard some Profs say they fear they will be threatened or killed if they hand back a paper with a bad grade to a licensed concealed carrier.  All they have to do is announce that the student will be allowed a chance to argue with them about a higher grade upon a second review.  In the rest of the state, licensed concealed carriers are not threatening or killing nay time they get frustration. This is not a valid  objection to the proposal.  We all know that most colleges and universities are dominated by left-wing political correctness.  It is this domination that drives the opposition, not rational fears.
2.  open carry. Interestingly, Texas is one of the few states that completely bans open carry of handguns by all civilians.  Part of the debate is whether there should be a license requirement for this as is already the case for concealed carry.  The simplest solution would be to allow those who already have or get a concealed carry permit to carry openly.  The "absolutists" who wrongly think constitutional rights are absolute reject a permit requirement.  The U.S. Supreme Court has stated in Heller and McDonald that children, convicted felons, the mentally ill and other categories are not entitled to full Second Amendment protection.  For instance, the Amendment may give convicted, adult, competent felons to have protective weapons in their home.  However, giving this right to children and the mentally ill makes no sense.  If these restrictions are allowed under the Amendment, state and federal governments should be allowed to screen out those who fall into these categories.  Hence, a licensing or permit system.  On the other hand, it doesn't seem that unlimited open carry where it currently exists has any effect on the crime rate.   Arguably, it might depress it, as some researchers (but not all) have suggested.  On the other hand,  no state that allows unlicensed open carry allows everyone to engage in the behavior. I don't think anyone wants the mentally ill, or teengagers, esp. violent gang member, etc. to engage in open carry.  No lower court has held that "must issue" permit systems that disqualify certain categories of people  are unconstitutional.  Thus, the issue seems to be whether it is enough to just exclude certain categories from the practice of unlicensed  open carry, or to allow open carry only after getting a permit which helps assure that the forbidden categories will not carry.  As compared to concealed carry, the public and police will automatically know who is engaging in open carry. Anyone who appears to be mentally ill, under age, etc. can be asked to produce a license.  Legislatures should specify how these situations are to be handled and licensees should be trained as to the proper legal response.   I suggest that in Texas we start out with a licensed open carry system.  I can hear the moaning and groaning and gnashing of teeth from the ideologues, absolutists and anarchists, but I'm a "cautious" libertarian.

P.S. Notice that I use the term "gun-owner rights."  Inanimate objects don't have rights, people do.  Or course, in some cases "gun rights" extend beyond owners of guns.  An example would be borrowing a gun for home defense.  Can anyone think of a better term?

3 comments:

  1. Are the people of Vermont more evil or crazier than the people of Texas? Or less so?

    Anybody who is not a felon or who has not been adjudicated as having mental health failings can carry openly or concealed--and it's been that way since Vermont came into the Union.

    Vermont's rate of violent crime is less than many restrictive states.

    Art

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  2. I agree with both Ray and Art. It's my understanding the 2A derived from earlier constitutional proposals recognizing people's natural right to bear arms. The exceptions being " ... for crimes committed, or real danger of public injury from individuals...". Pennsylvania Minority, December 18, 1787.

    Please note it's a REAL public danger from individuals, not a conjectured one.

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