{"id":23892,"date":"2011-10-21T12:50:44","date_gmt":"2011-10-21T17:50:44","guid":{"rendered":"http:\/\/www.shotinthedark.info\/wp\/?p=23892"},"modified":"2013-01-09T10:43:38","modified_gmt":"2013-01-09T16:43:38","slug":"behold-the-new-states-rights-standard-bearer","status":"publish","type":"post","link":"http:\/\/www.shotinthedark.info\/wp\/?p=23892","title":{"rendered":"Behold The New States Rights Standard-Bearer"},"content":{"rendered":"<p>I&#8217;ve got a bit of a dilemma here.<\/p>\n<p>In trying to address the claims made in\u00a0<a href=\"http:\/\/thinkprogress.org\/justice\/2011\/10\/20\/348966\/nra-follow-nations-laxest-concealed-carry-laws\/\">h this piece from Ian Millhiser in &#8220;Think&#8221; &#8220;Progress&#8221;, on a federal-level proposal for national reciprocity for carry permits<\/a>, I faced a gnarly dilemma: \u00a0do I do a piece on &#8220;Think&#8221; &#8220;Progress&#8221;&#8216;s efforts to cull selectively through facts to try to trash a conservative initiative, or do I do a piece on the congenital liberal inability to think through an argument logically?<\/p>\n<p>The answer, unfortunately, is &#8220;both&#8221;. \u00a0Why choose?<\/p>\n<p>The &#8220;National Right-To-Carry Reciprocity Act&#8221; has broad support in both chambers of Congress; Right-to-carry has been an untrammelled success throughout the United State for the past thirty years, with immense, intense support on both sides of the aisle at the federal and state level.<\/p>\n<blockquote><p>If the bill becomes law, it would allow nearly anyone to shop around for the one state that is willing to issue them a license to carry a concealed firearm, and then force other states to honor that license.<\/p><\/blockquote>\n<p>I&#8217;m not sure if Millhiser has really thought this through. \u00a0For example, they indulge the &#8220;progressive&#8221; conceit of looking in mock horror at the &#8220;red&#8221; state gun laws&#8230;:<\/p>\n<blockquote><p>Many states\u2019 licensing rules for concealed carry are shockingly lax. Florida, for example, issued 1,700 concealed carry permits to people with \u201ccriminal histories, arrest warrants, domestic violence injunctions and misdemeanor convictions for gun-related crimes.\u201d<\/p><\/blockquote>\n<p>&#8230;while, leaving aside for a moment the fact that the Florida story is a bit of bogus scare-mongering &#8211; the issues cited didn&#8217;t involve convictions, or &#8220;gun-related&#8221; misdemeanors serious enough to warrant denying their permit applications &#8211; it shows both &#8220;Think&#8221; &#8220;Progress&#8221;&#8216;s myopia and ignorance of facts; carry permit holders&#8217; crime records in &#8220;lax&#8221; states like Florida [1] are statistically no less impeccable than those in &#8220;strict&#8221; states like New York or, for that matter, states requiring <em>no <\/em>permit from the law-abiding, like Alaska, Arizona and Vermont.<\/p>\n<blockquote><p>Because Illinois is the only state that does not have a concealed carry law, the NRA\u2019s bill would render out-of-state visitors immune to every state but Illinois\u2019 licensing laws \u2014 so long as they obtained a license from a state that practically gives them away.<\/p><\/blockquote>\n<p>Right. \u00a0Because goodness knows if that happens, Illin<a href=\"http:\/\/www.huffingtonpost.com\/2010\/06\/28\/chicago-gun-ban-axed-afte_n_627773.html\">ois might get overwhelmed with gun violence<\/a> or something.<\/p>\n<p>OK,. back to my dilemma. \u00a0We established above that &#8220;Think&#8221; &#8220;Progress&#8221; is, like most (but by no means all) liberals, clueless about the reality of guns rights. Now, it&#8217;s on to the whole &#8220;couldn&#8217;t do logic in the throes of a full-bore Vulcan Mind Meld&#8221; bit.<\/p>\n<p>Because Millhiser wants to throw out fifty years of &#8220;progressive&#8221; social policy!<\/p>\n<blockquote><p>Yet&#8230; forcing New York to honor Florida\u2019s poorly vetted carry licenses&#8230;flies directly in the face of the right\u2019s professed views on the 10th Amendment\u2019s guarantee of states rights. The NRA\u2019s bill is a direct attack on each state\u2019s ability to determine on its own how best to protect the public\u2019s safety.<\/p>\n<p>Ultimately, however, this kind of fair weather tentherism is nothing new. Conservatives hate federal regulation of health care, until they want to invalidate state tort law or immunize the insurance industry from state consumer protection law.<\/p><\/blockquote>\n<p>There is a difference &#8211; legally and, if you care about America&#8217;s history and liberties no matter what your political stripe,\u00a0morally\u00a0&#8211; between &#8220;human rights&#8221;, especially those enshrined in the Bill of Rights, and the niggling impedimenta of government policy and regulation on\u00a0\u00a0issues that are, let&#8217;s just say, a tad less exalted in this nation&#8217;s legal canon.<\/p>\n<p>This country decided &#8211; with the 13th Amendment and, also, the blood of 600,000 dead Americans &#8211; that the Bill of Rights&#8217;s exaltation of inalienable human rights trumps the states and, for that matter, The People. \u00a0The Supreme Court, and generations of decisions pushed by generations of lawyers pushed for everyone from Dred Scott to the ACLU, has established that the states do <em>not <\/em>trump human rights.<\/p>\n<p>Like the right to free speech and the press. \u00a0Or freedom of (and, apparently, from) religion. \u00a0And assembly. \u00a0And unreasonable (whatever that means under the prevailing legal winds) search and seizures. \u00a0And, now that <em>Heller <\/em>has been incorporated by <em>McDonald, <\/em>the right to keep and bear arms.<\/p>\n<p>Health care? \u00a0It&#8217;s not a constitutional right. \u00a0It&#8217;s an entitlement; we can argue over whether it&#8217;s something that should be dealt with at the federal level, or that of any government, and indeed we <em>have <\/em>been arguing about it for the past two years, and I have a hunch we&#8217;ll renew it in 2013. \u00a0And while &#8220;progressives&#8221; have used FDR&#8217;s courts&#8217; bogus interpretations of the Commerce Clause to federalize a lot of things, there is no rational way you can say Health Care exists on the same plane as Speech and Jury Trials.<\/p>\n<p>Most conservatives and libertarians recognize this distinction; we are more or less absolute (with prudent exceptions) on issues of human rights, and reserving lesser issues to the states. Most &#8220;progressives&#8221; blur it, but at least recognize (and push!) federal supremacy on civil liberties issues, as they constantly remind you.<\/p>\n<p>&#8230;provided they&#8217;re not scary, like commoners with guns.<\/p>\n<p>So Mr. Millhiser is mistaken when he writes&#8230;:<\/p>\n<blockquote><p>In other words, the right\u2019s lockstep embrace of the NRA\u2019s concealed carry bill is just one more example of conservatives\u2019 willingness to claim that the Constitution means whatever they want it to mean.<\/p><\/blockquote>\n<p>&#8230;because, indeed, it&#8217;s Mr. Millhiser, not conservatives, with the case of moral confusion. \u00a0Are human rights a federal issue, or not?<\/p>\n<p>My stance is clear. \u00a0Mr. Millhiser seems to want it both ways.<\/p>\n<p>UPDATE AND CLARIFICATION: \u00a0Why yes, my stance is in fact consistent. \u00a0I believe that specifics of gun laws should be a state issue, provided that they are consistent with the idea that the right to keep and <em>bear <\/em>arms is a right &#8220;of the people&#8221;. \u00a0Most state qualify, although I personally campaign for more &#8220;liberalization&#8221;. \u00a0Illinois&#8217; law does not qualify.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>I&#8217;ve got a bit of a dilemma here. In trying to address the claims made in\u00a0h this piece from Ian Millhiser in &#8220;Think&#8221; &#8220;Progress&#8221;, on a federal-level proposal for national reciprocity for carry permits, I faced a gnarly dilemma: \u00a0do I do a piece on &#8220;Think&#8221; &#8220;Progress&#8221;&#8216;s efforts to cull selectively through facts to try [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,63,51,22],"tags":[245],"class_list":["post-23892","post","type-post","status-publish","format-standard","hentry","category-gun-free-zones","category-lefty-alt-media","category-liberal-tyranny","category-victim-disarmament","tag-bergs-10th-law"],"_links":{"self":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/23892","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=23892"}],"version-history":[{"count":7,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/23892\/revisions"}],"predecessor-version":[{"id":23909,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=\/wp\/v2\/posts\/23892\/revisions\/23909"}],"wp:attachment":[{"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23892"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23892"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.shotinthedark.info\/wp\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23892"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}