On July 23, the U.S.
Senate voted to defeat one of the most
promising gun rights bills to come to the
Senate floor in recent memory. The provision
was introduced by Senator John Thune as an
amendment to the annual defense
authorization bill. It would have granted
national reciprocity for concealed-carry
permits, requiring all states that allow
concealed firearms to honor those permits of
other states.
A majority of the senators — 58 in total —
voted in favor of the amendment. Another
39 did not and the bill saw defeat as this
tally put the measure 2 votes short of the
60 required for passage by Senate rules.
It was those 39 senators and their
supporters — which included 450 of the
nation’s mayors — who brought about the
amendment's demise through intense
fear-mongering and misguided applications
of constitutionality.
The aforementioned mayors had joined
together in an organization called
the Mayors Against Illegal Guns Coalition,
which, prior to the Senate vote, took out
a full-page advertisement in the July 21
edition of
USA Today.
The ad was an open letter to Senate
Majority Leader Harry Reid attacking the
amendment. Its central claim was this:
“Doing so (recognizing concealed-carry
permits) would threaten the safety of our
police officers, by making it far more
difficult for them to separate law-abiding
gun owners from common criminals.”
That statement, in one form or another, is
a talking point commonly used by
gun-control advocates, one that a good
number of Americans tend to believe
without any further analysis of the
situation. They fail to see that it makes
note only of a distinct minority of our
population (the police) who are, in the
gun-control lobby’s eyes, granted special
privilege to carry guns over the average
citizen. That selectivity begs the
following question: why should their
safety be any more important than that of
every one of us; shouldn’t the average
citizen also be empowered (armed) to deal
with the threat of the common criminal?
Unfortunately, in many states, we are not.
Taking away our guns has, ironically,
granted a special privilege to lawbreakers
as well: the predators have the distinct
advantage of being armed while their prey
is not.
Thune’s amendment addressed this
disconnect. Its supporters knew the best
way to protect one’s self and those he
loves from criminal threats is through the
same means by which he would be able to do
so in his home state, the same means that
the police officer would be allowed to
use. That is, allowing him to carry a
weapon that at least equalizes his chances
against a thug.
Granting pistol-permit reciprocity could
easily be deemed a necessity because,
unfortunately, evil can be found
everywhere in our country, and we are a
very mobile people who, not of our own
deliberate doing, have the potential to
find ourselves in some unpleasant
situations during our travels for business
or pleasure. Typically, the vacationer,
the truck driver, and the businessman are
all unfamiliar with the far-flung cities
to which they travel. One wrong turn or
innocent stroll into a crime-ridden locale
could easily put them into harm’s way.
Under such circumstances, Thune’s
amendment would have given these travelers
much-needed peace of mind while enhancing
their ability (one that has been greatly
restricted by laws) to exercise their
natural, God-given right to self-defense.
Our Founding Fathers, even back in the
1700s, knew that tempering of this right
could occur, even though they understood
that man has certain unalienable rights,
so they added the Bill of Rights to the
Constitution, ensuring that the loss of
certain rights would never occur. Among
them was the Second Amendment, which says:
“The right of the people to keep and bear
arms shall not be infringed.”
Legally, the states were not originally
bound to the Bill of Rights; it was a list
of limitations for the federal government.
Philosophically, though, it was a set of
rules that should be applied to all
governments within the United States
because those rights are universal to the
pursuit of liberty and life as a free
individual.
Some of the senators who voted against the
Thune amendment cited the former, saying
that it broke yet another of the rights,
specifically the Tenth Amendment, which
noted that powers not delegated to the
United States belong to the states
themselves. One-time gun rights proponent
Senator Kirsten Gillibrand issued a
statement along those lines that read:
“It is wrong for the federal government to
overrule a state’s ability to enact
reasonable, constitutional gun laws
designed to prevent criminals and other
violent and dangerous persons from
carrying guns in city streets.”
It was quite the turning of tables,
because those who evoked the Tenth
Amendment — such as Gillibrand’s fellow
New York Senator, Charles Schumer — are
typically the officials who defy that
amendment through the continued, unabated
expansion of the federal government.
While mentioning the Tenth Amendment, the
anti-gun crowd failed to look further into
the Constitution. The 14th Amendment says,
“No State shall make or enforce any law
which shall abridge the privileges or
immunities of citizens of the United
States; nor shall any State deprive any
person of life, liberty, or property,
without due process of law; nor deny to
any person within its jurisdiction the
equal protection of the laws.” In
application, the 14th Amendment has
required that the states recognize the
Bill of Rights within their realm of
governance, meaning that the Thune
Amendment would have legs because it
negates the overbearing rule of any state
that has a concealed-carry permitting
process because such a process infringes
on one’s Second Amendment rights.
Despite the 14th Amendment's passage in
1868, the Second Amendmenthas yet to be
incorporated into the 14th Amendment
because the Supreme Court has declined to
hear any cases that would do so. The Thune
Amendment’s passage would have finally
forced the court’s hand in this matter
and, based on past rulings, the right to
carry would have to be recognized as a
universal right.
But, alas, it never got far enough. It was
a scant two votes shy of passage.
Those who believe in the God-given right
to protect ourselves and our families know
can only hope for the future. A bill that
was this close to fruition deserves
another look in 2010. Maybe then will we
be able to claim the right to freely —
and safely — move about the United
States of America.