Thoughts on the Constitution and Concealed Carry
My thoughts on the Constitution and Concealed Carry:
1. The Federal Government has declared that some people are excluded from having the right to “keep and bear arms”. These restrictions probably would not constitute “infringement”, however, the specific exclusions would be subject to SCOTUS review:
The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:
o Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
o Fugitives from justice.
o Unlawful users of certain depressant, narcotic, or stimulant drugs.
o Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
o Illegal aliens.
o Citizens who have renounced their citizenship.
o Those persons dishonorably discharged from the Armed Forces.
o Persons less than 18 years of age for the purchase of a shotgun or rifle.
o Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
o Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
o Persons convicted in any court of a misdemeanor crime of domestic violence.
Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition. Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction.
2. The issuing of Concealed Carry Permits in Shall-Issue States can be interpreted as verifying the individuals have not been excluded from exercising this right and therefore probably would not constitute an “infringement”, however, the specific rules to obtain a permit should be reviewed by SCOTUS.
3. The issuing of Concealed Carry Permits in May-Issue States as well as the prohibition for Concealed Carry in Illinois and Washington DC, would probably constitute an “infringement” and should be declared such by the SCOTUS.
This is not an issue of States' rights but rather is an issue of the Federal Government fulfilling its obligations to prevent States from denying citizens' US Constitutional rights!