gejoslin
Illegitimi non carborundu
JULY 29, 2013 4:00 AM
Licensed to Carry
Gun ownership is regulated more than critics ever admit. By Charles C. W. Cooke
Perhaps the most boring thing that gun-controllers throw at advocates of the right to bear arms is the assertion, almost guaranteed to rear its doltish head in any conversation about the Second Amendment, that it is easier in the United States to own and operate a gun than it is to own and operate a car. This contention most often takes the form of a rhetorical question. “Every state requires its residents to pass a test in order to drive a vehicle,” its adherents ask. “So why doesn’t it require them to take a test before they can own a lethal weapon?”
As is typical, this inquiry misses the glaring truth that keeping and bearing arms is explicitly recognized as an unalienable right in the country’s Constitution, whereas driving a car is a privilege that is subject to the plenary powers of the states. The 2008 Heller decision correctly recognized the right to bear arms as an individual right, and the subsequent McDonald ruling applied that right to the states. No such guarantees apply to motor vehicles, nor should they. Nevertheless, in almost all states, in order to carry a weapon, one does in fact need to take a test and acquire a license. The “keep” part of the Second Amendment is fairly unregulated, yes; but the “bear” part? Not so much.
Rest of the story
Licensed to Carry
Gun ownership is regulated more than critics ever admit. By Charles C. W. Cooke
Perhaps the most boring thing that gun-controllers throw at advocates of the right to bear arms is the assertion, almost guaranteed to rear its doltish head in any conversation about the Second Amendment, that it is easier in the United States to own and operate a gun than it is to own and operate a car. This contention most often takes the form of a rhetorical question. “Every state requires its residents to pass a test in order to drive a vehicle,” its adherents ask. “So why doesn’t it require them to take a test before they can own a lethal weapon?”
As is typical, this inquiry misses the glaring truth that keeping and bearing arms is explicitly recognized as an unalienable right in the country’s Constitution, whereas driving a car is a privilege that is subject to the plenary powers of the states. The 2008 Heller decision correctly recognized the right to bear arms as an individual right, and the subsequent McDonald ruling applied that right to the states. No such guarantees apply to motor vehicles, nor should they. Nevertheless, in almost all states, in order to carry a weapon, one does in fact need to take a test and acquire a license. The “keep” part of the Second Amendment is fairly unregulated, yes; but the “bear” part? Not so much.
Rest of the story