I ask all 2A supporters to do the same, and to vote against both Otter and Luna, and anything they support, until they come forth, in writing, with absolute support for the 2A.
I understand that, and I don't disagree (although I don't reach the conclusion that this supports mandatory training.
What I'm saying is, someone who cares enough to take a proper course doesn't need the law to tell them to do so. One way or another, they'll pick up what a course teaches them. All that info is available on the internet.
On the other hand, the "idiots" and the "poseurs" are legally allowed to take a hunter's safety course (in most states), which teaches essentially nothing relevant to carrying concealed (except the 4 rules of firearm safety, which are easily ignored by idiots). I doesn't seem to me a huge stretch to imagine that "idiots" and "poseurs" would actually prefer a hunter's safety course, being that those are the cheapest, the slackest, and the most easily available courses.
Therefore, my argument goes, while the law encourages the taking of a class for those who are already conscientious, it does nothing to force "idiots" and "poseurs" to acquire the relevant information. It merely pretends to do so. It is a feel-good law.
However, despite this lack of legal functionality, there isn't a problem with idiots and poseurs. Sure, it happens occasionally, but not at a rate worth worrying about. I fail to see how the law can achieve less-than-zero efficacy, so the situation is highly unlikely to get worse in the absence of a law.
So, being that the law can be shown to be essentially functionless, what is the point behind its maintenance? Is it so important to have "feel-good" laws on the books, especially when issues of right are implicated?
Hell, even Arizona doesn't have constitutional carry. Someone can amend a law and BAM it's gone.
Section 26. The right of the individual citizen to bear arms in defense of himself or the state shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain, or employ an armed body of men.
Constitutional is an Amendment to the state constitution. If we modified our state constitution to remove the exemption to regulate concealed carry, that would be the end of it.
SECTION 11. RIGHT TO KEEP AND BEAR ARMS. The people have the right to keep and bear arms, which right shall not be abridged; but this provision shall not prevent the passage of laws to govern the carrying of weapons concealed on the person nor prevent passage of legislation providing minimum sentences for crimes committed while in possession of a firearm, nor prevent the passage of legislation providing penalties for the possession of firearms by a convicted felon, nor prevent the passage of any legislation punishing the use of a firearm. No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.
And we can bypass the legislature completely by getting a Constituional Amendment on the ballot. Why cater to a political party when you can have a popular vote by the whole state instead?
Good luck on your Constitutional Carry !
The difference between the Arizona constitution and the Idaho constitution is that ours specifically forbids the legislature from enacting specific laws.
Nothing in the Arizona one prevents "regulating" carry. Hence, permits and the like. Even SCOTUS stated allowing one and not the other would pass muster, so long as one is a valid way to exercise the right.
In the case of Idaho, the legislature cannot regulate open carry anyways. The state preemption law basically just keeps the dumb counties and cities in line from being able to enact laws that would require court orders to have removed.
We also have Brickey case law specifically stating it isn't the purview of the legislature to regulate Open Carry at all.
Two beasts to some degree, really.
Either way, I'm glad to see more and more states coming in line with the mentality of helping out the good guys.
The difference between the Arizona constitution and the Idaho constitution is that ours specifically forbids the legislature from enacting specific laws.
Either way, I'm glad to see more and more states coming in line with the mentality of helping out the good guys.
The key question is whether there is case law affirming your opnion or not.
Recall that earlier in this thread I'd criticized my Rep. DeMordaunt for thinking he's above the wishes of his constituents. Then I posted part of an interview that highlighted his arrogance.
Here's more - a letter to the editor in today's (8/10) Idaho Statesman from another constituent (don't know her) regarding how DeMordaunt blew her off and thinks he's above the will of the people:
This is constituent service?
After reading Robert A. Wagner’s July 25 letter to the editor regarding the short shrift his elected representative gave his opinion, I wanted to share my experience with my own elected official.
Rep. Reed DeMordaunt finally answered his office phone after a week of leaving messages and sending emails. I expressed my opinion on education, gave my reasons and asked him how he intended to vote. When I asked him how he could justify ignoring the majority will of his constituents, he told me that he wasn’t so sure that the majority opposed these bills. I asked him what the general numbers had been for and against, and he told me that he hadn’t thought it necessary to keep track so he couldn’t give me even a general idea.
I expressed dismay that his office wasn’t keeping track of constituent opinions on one of the most contentious issues in recent memory. I ended up receiving a paternalistic lecture on how the running of his office was none of my business, how he knew that much good would come from these reform efforts and that as a parent, I would thank him for his yes vote at some later point.
Thanks for nothing, Reed.
SHEILAH KENNEDY, Eagle
Read more: http://www.idahostatesman.com/2011/08/10/1755369/letters-to-the-editor.html#ixzz1UdIKa4Dm
Hope other readers in the district vote against this guy next time. Just because he's "pro-business," got an "R" by his name and is a member of a popular church in the district does not mean he's right for the job and will vote correctly on RKBA and OC/CC issues.
Hope other readers don't blindly vote for the "R" in their elections - this is what we get when we do - governance from the state Central Committee rather than representing the will of constituents.
Peace -