I recently had to deal with a socially conservative asshole who essentially made this point:
Now that gay marriage has to be recognized in all 50 states, my concealed handgun license that was only recognized by 36 states must now be recognized by all 50 states as well. That “now, no state has the right to infringe upon my Second Amendment right. If the violation of federalism works ok for LGBTs — then it works well for gun owners. I can’t wait to see how the gun-hating liberals try to get themselves out of this one.”
Please tell me what the fuck I can say to this person to shut them down, in the most Coke-tastic way possible.
I don’t know what this idiot means by a “violation of federalism,” but he’s misinterpreting the effects of the Full Faith and Credit Clause for the simple reason that sexual orientation is a protected class, whereas gun ownership is not, nor should it be. Guns may be a part of this douchebag’s identity, but owning them is still just a consumer preference, and not at all worthy of special consideration under Federal anti-discrimination law.
What he doesn’t seem to understand is that it’s perfectly fine for states to have different laws and regulations that apply equally to everyone. New York can have different speed limits than Utah. A medical board in Vermont can have different requirements than a medical board in Iowa. California can have different gun laws than Texas. On the other hand, Utah can’t have different speed limits for women. The medical board in Iowa can’t have different requirements for black people, and Texas can’t have gun laws that only apply to homosexuals.
This whiny asshole could legitimately claim to be a victim of discrimination if he were denied a conceal carry permit based upon his age, race, gender, religious affiliation, or sexual orientation, but that’s not the case. He’s just doesn’t like the fact that 14 states don’t honor the multi-state conceal carry permit for anyone, regardless of their age, race, gender, religious affiliation, or sexual orientation.
5 thoughts on “On being too dumb to carry a gun”
Sexual orientation isn’t considered a protected class as such under federal law, although it is in a few states and it is a protected class for purposes of federal employment. Recent decisions have treated it similarly in some ways, but it’s still not unconstitutional (nor prohibited by federal statute) to discriminate by orientation in areas on which the court has not expressly ruled (e.g. hiring by private businesses.) States do have to allow equality in marriage, but not in all things.
The Court has found that a fundamental right to marry exists, but it has not found a right to carry concealed handguns. It’s as simple as that. This guy’s claim is, as they say, not even wrong.
(Aside: If it did find a right to, say, carry a concealed weapon after a reasonable background check, it’s not inconceivable that the Full Faith and Credit clause could be interpreted to require states to honor each other’s permits provided there was no incompatibility in public policy. However, the Court has not found any such right, so it’s entirely hypothetical at this point.)
She should just tell the guy he’s free to go spend his time going up the court chain all the way to the supreme court, on his own dime, to petition and argue for his case to be reviewed and for his claims to be made the official law of the land.
But as it stands now, his penis extension is just a consumer product he chooses to buy and everyone else is free to choose if they want him to whip it out in public. If they say no, then he doesn’t get to force everyone to deal with it.
“Good luck with that.”
Everyone is all, I want gun control.. or I want gay marriage..
I’m over here with.. I want vodka..
sorry, stopped in hoping for vodka..
Huh. Well, federalism is the concept that the federal government should not interfere with state sovereign powers, except for a good reason (it’s a guideline, not a hard and fast rule). Not really sure how the hell that person means it.
The second amendment, like any other amendment, is not absolute. No one can own a class two weapon under the National Firearms Act without registering with the federal government, and being in possession of a firearm after being convicted of a felony is a felony within many states, as well as a federal felony. No individual can own a machine gun in a lot of states without a shitton of hoop jumping. No person can import firearms without complying with federal regulations. Additionally, states are perfectly within their rights to control the manner which you carry and stow your handgun, whether in your car, home or on your person. They can also prohibit possession of firearms on educational campuses or other places where the state has a reason to limit possession (courthouses come to mind). Further, private persons can restrict firearm usage in their place of business or in their home, even if a state permits it.
So there’s a lot of holes in the “second amendment is absolute” argument, especially when it applies to concealed carry. I don’t know why the NRA insists on pandering to these nutjobs. There are two types of gun owners: responsible gun owners and accidents waiting to happen. I own several firearms and enjoy using them recreationally (and practice for self defense). But I am very careful in how I use them; they’re not a joke, and they shouldn’t be political fodder either. I don’t really see how gun rights are being repressed, honestly. Don’t like a state’s policies? Move. That simple.