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Trump won, and he owes a lot of that to gun owners. They were early and ardent supporters. The same with the Republicans in the House and Senate who maintained control.
Because of that, should they make active, aggressive enforcement of the Second Amendment against state and local violation of gun owners (actual and potential) rights a high priority? I personally think so.
This is what I think they should do. They should pass a bill that does the following:
- Supersede all state and local gun regulations. Since the Second Amendment is in the Constitution, it stands to reason that the federal government can enforce it. This would allow Congress to eliminate any state an local restrictions on gun purchase, ownership and carriage. Anyone who can pass the federal instant check can own a gun. Anyone who can own a gun can carry a gun either openly or concealed. No law enforcement officer can arrest, or even stop and question, someone simply for carrying a gun, without reasonable suspicion that person in question committed some crime (carrying the gun NOT being a crime.) Any gun that's legal under federal law would be covered. This would immediately include civilian, semiautomatic versions of military rifles (which are incorrectly call "assault rifles" by the press.) This would also apply to ammunition, and firearms accessories. With the latter, I'm thinking specifically of what some states consider high capacity magazines, and what would be former NFA items (which I'll discuss below.)
- Eliminate rules on interstate purchase, shipping, and personal transportation of guns. If you live in New York, you could drive to Pennsylvania, buy a pistol, put it on your hip, and drive home to NY, all completely legally. You could order a gun, ammunition, or accessories over the internet and have it shipped directly to your home anywhere in the country.
- Legalize and deregulate certain items that are highly regulated on the Nation Firearms Act. I'm specifically thinking about silencers and short barreled rifles. In many states it is currently legal to own these, but there are tax and regulation issues imposed by the NFA. These would be eliminated. The feds would stop regulating them, and states would not be allowed to.
- The states would not be allowed to impose specific rules on gun related businesses. Any FFL holder could open a gun shop wherever they want, and sell whatever firearms, ammo, and accessories that are legal under federal law. The same with shooting ranges, however given the safety issues involved, some heath and safety regulation could be imposed (as long as they are not so onerous as to prevent operation of the business.) The states could not impose liability issues on gun related business that they don't impose on any other type of business. Business could not be made to face liability for their customers incorrect/illegal use of weapons purchased from the business.
This is all I can think of offhand. Living in New York, I'd dearly love to see Trump shove something like this up Andrew Cuomo's a$$.
States rights end where individual constitutional rights begin.
If a state decides you couldn't publish a newspaper, would it be improper for the Federal Government to protect your right to do so under the First Amendment? What about opening a church?
I live in The Peoples Republic of Massachusetts and our gun laws are very strict yet they seem to work for the most part.
In some cases it is tough to get a license and that license is often restricted but if you have never done anything wrong in breaking the law it is seldom an issue in getting a license.
Now the Attorney General took it on herself this past Summer to reenact the assault weapons ban of 98. She did this herself overnight under the guise of the public good. The problem is what was once legal to buy and sell is now illegal leaving thousands of gun owners at risk of becoming a felon. It is now being worked out in the courts.
That is an example of how a state can overstep its bounds and step on a citizens second amendment rights.
We do need sensible gun laws nation wide but not over reaching laws that block rights.
I don't want to see gun rights being forced on anti gun people by Trump, can you just imagine the media uproar over the first death that results from loosened laws!
I do want to see current gun laws enforced. If you commit a crime with a gun the hammer is dropped on you. You have an illegal gun you go to prison.
I want Trump to enforce many laws that have been swept aside for a political agenda of late.
"To Provide against Carrying of Deadly Weapons" (effective April 19, 1881).
The Law in Tombstone
Ordinances Relevant in the Preliminary Hearing
in the Earp-Holliday Case,
Heard before Judge Wells Spicer
November 1881
Section 1. It is hereby declared unlawful to carry in the hand or upon the person or otherwise any deadly weapon within the limits of said city of Tombstone, without first obtaining a permit in writing.
Section 2: This prohibition does not extend to persons immediately leaving or entering the city, who, with good faith, and within reasonable time are proceeding to deposit, or take from the place of deposit such deadly weapon.
Section 3: All fire-arms of every description, and bowie knives and dirks, are included within the prohibition of this ordinance.
States rights end where individual constitutional rights begin.
Surely if a state impinged on the right enumerated in the Constitution that inferior state statute would be challenged and overturned. The Constitution is the supreme law.
All of your basic rights to not evaporate when you cross state lines.
You do not need to get a new drivers license when crossing into another state, you do not need to get new license plates when you cross into another state.
You still have right to free speech, the right to a speedy trial, the right to trail by a jury of your peers.
You still retain the right to not incriminate yourself.
The only right that you do not have; is the right to keep and bear arms. That right is dependent from state to state, and in cases which state will honor the documentation that I already have.
I have a Carry Conceal Permit, it is issued out of Henrico County, the county I live in, it is good anywhere in the state of Virginia. To get that Carry Conceal Permit, I had to pass a safety class, I was fingerprinted, and one copy of those fingerprints were sent to the FBI. My Carry Conceal Permit is good in almost all southern states, and most western states. But not good in the northern states.
It seems for these states, that my right to be able to protect myself only goes as far as the other states lines, and by cross into a state that does not honor Virginia's Carry Conceal Permit, I am not allowed the right to protect myself. For that reason alone, I will not go to any state that does not honor My Carry Conceal Permit.
Which is why we need a national carry conceal permit. Or the laws amended to allow the recognition of another states documentation.
I live in The Peoples Republic of Massachusetts and our gun laws are very strict yet they seem to work for the most part.
In some cases it is tough to get a license and that license is often restricted but if you have never done anything wrong in breaking the law it is seldom an issue in getting a license.
Now the Attorney General took it on herself this past Summer to reenact the assault weapons ban of 98. She did this herself overnight under the guise of the public good. The problem is what was once legal to buy and sell is now illegal leaving thousands of gun owners at risk of becoming a felon. It is now being worked out in the courts.
That is an example of how a state can overstep its bounds and step on a citizens second amendment rights.
We do need sensible gun laws nation wide but not over reaching laws that block rights.
I don't want to see gun rights being forced on anti gun people by Trump, can you just imagine the media uproar over the first death that results from loosened laws!
I do want to see current gun laws enforced. If you commit a crime with a gun the hammer is dropped on you. You have an illegal gun you go to prison.
I want Trump to enforce many laws that have been swept aside for a political agenda of late.
Yes, anti gun people have their rights too and I say this as a married woman to life member of the NRA. HIS guns were locked up in a safe when we still had young kids in our home. They still are today without kids by my choice. I have to live in the same household and do not want to be around them, do not want to learn to shoot them, go to the range, or go anywhere with him when he is carrying. He gets to keep his guns, and I get to have nothing to do with them. Is this ok for you?
There has to be compromise on this issue. I do not want Trump or the NRA telling me I must own a gun or know how to use one.
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