Tuesday, January 1, 2019

2019: The Year of Constitutional Carry?

For three years, I followed right-to-work and union reform efforts across the United States.

It was really gratifying to see more states--sometimes, counties and local municipalities--pass right-to-work laws to scuttle the power of organized labor over individual workers.



Working men and women deserve protections, and unions used to provide those safeguards. Now, they have become so heavily policitized by collectivist groups within the Democratic Party, that they no longer work for the workers.

The Right-to-work movement made comprehensive headway throughout the country, and today a majority of states have RTW for private unions. The public sector unions are required to deregulate and allow their members to choose. As expected, many unions are dragging their feet, refusing to let their workers make choices for themselves. Liberals always claim to be pro-choice, but that's only for killing babies. When it comes to killing liberty, Democrats have become par excellence.

Right-to-work laws are on the books in 27 states. There may be so momentum for this reform to take effect in Ohio this year (2019). Missouri is reintroducing their legislation, as well, hoping to overturn the Big Money backed referendum which had defeated the 2017 law passed and signed into law by then Governor Eric Greitens.

Now, another pro-freedom issue is on the move throughout the several states: constitutional carry. This reform removes the permitting requirement to possess and carry a firearm, whether open or concealed carry.

The following states have enacted this policy:




Three states passed constitutional carry legislation last year (2018), but the bills were vetoed by the "Republican" governor:

1. South Dakota
2. Utah
3. Oklahoma

Law enforcement associations are the first ones to clamor against constitutional carry. It's very counter-intuitive in my view. Peace officers need all the help they can get. They simply cannot fight every crime and stop ever blackguard ready to raise hell in their communities.

A new set of Governors has taken office in South Dakota and Oklahoma, and both elected officials pledged to support constitutional carry.

In South Dakota, Gun Rights Activists have reported the following:

Ammoland:
Second Amendment supporters in South Dakota have another chance, with incoming governor, Republican Kristi Noem. Governor Noem claims to be a Second Amendment supporter. On her campaign website, she says she will support Constitutional Carry. From kristiforgovernor.com:

“The Founders believed our right to bear arms was so important to our country they enshrined it into the Constitution’s Second Amendment,” said Noem. “I believe enacting constitutional carry legislation will further protect the Second Amendment rights of law-abiding South Dakotans.”



Noem is not endorsing any specific Constitutional Carry bill, but supports the policy in principle. If elected governor, she will work closely with legislators and stakeholders, including law enforcement, to get a constitutional carry bill passed and signed into law.

Campaign promises are nothing when push comes to shove. Will Kristi Noem remain committed to her promise?

In Utah, nothing has appeared on the legislative horizon. With Mitt Romney as the new US Senator, it looks as though establishment politics is back in the Beehvie State. Will anyone show enough strength, enough muster to push for a full expansion and recognition of Second Amendment Rights in Utah?

Oklahoma

What about Oklahoma? The new governor, Kevin Stitt, ran as a conservative outside, much like President Trump, and won big time. He promised to enact constitutional carry, especially since the previous governor stabbed everyone in the back and refused to support the legislation.

A well-connected Second Amendment organizer in Oklahoma informed me that some pro-business (i.e. liberal-leaning establishment) Republicans defeated more conservative counterparts in the primaries. Will there be enough votes this time to get the legislation to the Governor's desk in 2019?

This is a point of great confusion for many. The corporate interests in many states simply do not want individual liberties expanded. They are interested in making nice because they are interested in making money--and profits as a goal can lead businesses to compromise and curtail individual rights.

Check out the litany of (lame excuses) in this report:

[State Representative] Stone said he’s a pro-gun legislator and a gun owner, but he couldn’t support the 2018 legislation. He won’t support the measure next year, either.

“I still have a lot of concerns about the bill,” he said.” One of the first things is I don’t think it’s good for public safety.”

This is a foolish response. There is no better defense against a bad guy with a gun than a good guy with a gun--and when he is not afraid to use it!

He also said passing such a controversial measure could end up costing the state billions of dollars in economic development and convention funding.

Why is that? The regressive left wants to boycott the state, that's what. This kind of corporate bullying requires a serious rebuff. No one should kowtow to political correctness because they fear Big Business taking their big bucks somewhere else.

Gun ownership may be a right, but it’s also a privilege, Stone said. People can lose the right to own firearms.

This is double-talk at its worst. Either it is a right, which can be suspended or limited if individuals violate the rights of others; or it's not a right. There is no such thing as a right that is also a privilege. Self-defense is a natural right. 

In addition, Stone said he’s concerned that people without any experience handling or maintaining a weapon could be carrying untrained.

More people are killed by cars than by firearms. Individuals are licensed to drive cars. Licensing is not the final criterion for determining anything. A gun is a tool. That should not be taken away from someone because a couple of people are fearful of the consequences. By the way, wherever constitutional carry has been enacted, crime rates have plummeted!

He said people could easily purchase a gun and carry it even “when all they’ve done is put others in danger.”

That statement makes no sense. The above article also references that a whole set of new faces will be in the Oklahoma state legislature. Who knows how many of them are committed to constitutional liberties and will uphold their oaths of office?

What other states are looking into constitutional carry?

Texas

This is a big year for Texas and for the Second Amendment Movement.


Texas Rep. Jonathan Stickland (R) plans a push in the coming legislative session to eliminate the state’s concealed carry permit requirement.

The Victoria Advocate reports this will be Stickland’s third attempt to ditch the requirement.
The language of Stickland’s bill sets for Constitutional Carry of firearms. It means any person 21-years old or older “who is not prohibited from possessing a firearm” can carry a handgun concealed or openly without going through the process of securing a permit from the state government.

Third time! That's how bad Republicans can be, even in the reddest of states. There are pro-business, compromise candidates who just want to keep big money rolling into major donors' wallets. Those numbers tended to join with Democrats and elected squishy RINO types. Hopefully, seasoned conservatives will win the upper hand this time and bring to the bill to the floor of both chambers for a final vote. Governor Greg Abbott has signaled his support for the legislation, too.

Georgia

Brian Kemp won a hard-fought campaing for Governor. His contender had Oprah Winfrey backing her along with George Soros and lots of other big left-wing money from California. The election was extremely close, but ultimately Kemp won with a little over the 50% +1 threshold, which denied his opponent a run-off opportunity.

Throughout the campaign, Kemp signaled his support for constitutional carry. The legislation has been filed. Here's one report:

A new bill allowing Georgians to carry guns without permits has been filed for the upcoming session of the legislature.

HB2 would enact “Constitutional Carry,” a concept supported by Governor-elect Brian Kemp.

In Georgia, you can carry a concealed handgun, but it requires a background check and a carry permit. Brian Kemp is among the Georgians with a carry permit.



"I hunt, I shoot and I carry," Kemp said repeatedly on the stump during his campaign.

OK, but will voters, will residents in Georgia be allowed to do all that without having to get a piece of paper?

Kemp also supports eliminating the need for the carry permit for those otherwise legally qualified to own guns. It’s called “constitutional carry” among second amendment enthusiasts, who helped Kemp narrowly win the governorship.

There you go, Governor Kemp. Keep your promise!

"I’m just really thrilled that we actually have a governor that has gotten behind constitutional carry," said state Rep. Matt Gurtler (R-Tiger), who introduced the bill to eliminate the gun permit requirement.

"I don’t believe it’s radical at all. I think it’s conservative. It’s constitutional," Gurtler told 11Alive News. "In the constitution it says (the right to keep and bear arms) 'shall not be infringed.' We believe that’s a no-compromise statement."

Yes, but do his colleagues share his commitment to stop this insanity?

Gurtler says the bill wouldn't eliminate the permit completely. Georgia would still offer permits so that gun owners can carry them in other states with permit reciprocity agreements.

Fair enough, and the Full Faith and Credit Clause covers that issue, just as it does with driver's licenses.

The bill wouldn't change legal restrictions on who can carry a gun. Convicted felons, for example, still couldn’t possess weapons legally. But it would remove the permit requirement – and remove the background check that comes with a permit.

I want to have a discussion on allowing individuals who have committed certain types of felonies and/or all misdemeanors to have this right restored.

Gurtler introduced the bill last year and the Republican leadership shelved it.

The previous Governor, Nathan Deal, had been a Democrat, then switched to the Republican Party because that was his best chance of getting elected. It's quite a shame, really, but shows that backward liberalism ultimately belongs with the Democratic Party. So, when reading that legislative leadership shelved a bill, that more likely means that the Governor pulled strings to get the bill killed. Otherwise, the legislature would have passed it, and then Deal would have faced the unenviable position of vetoing a popular bill. Dennis Dauggaard of South Dakota did the same thing.

Brian Kemp has a longer lasting record as a conservative. He campaigned on constitutional carry, and he is committed to getting it into law. It all comes back to making sure that individual members force the matter and make lawmakers feel the pain if they don't do the right thing!

Other States? Florida

Florida has a MAGA Governor with Ron DeSantis. He campaigned as an open, unabashed supporter of the President, individual liberties, and economic growth for the Sunshine state. Just like in Georgia, his election victory was extreme close, with voter fraud, corruption, and mismanagement all over the state, especially in deeply liberal Broward County

Here's an op-ed piece suggesting the steps that he should take to get constitutional carry off the ground in the Sunshine State:

In November, Florida narrowly elected Ron DeSantis as governor of the former Gunshine State. Along with governor-elect DeSantis taking office, the House and Senate will also have Republican majorities.

In just about any other state, that would mean good news for gun owners. But as Florida’s past legislative history has shown, that isn’t the case. The Republican Party of Florida, through a number of representatives and senators, have sided with the state’s growing Civilian Disarmament Industrial Complex to block pro-gun legislation. Worse, this past session they passed gun control restrictions.

Yes, and Rick Scott signed off on them, particularly because of the Parkland massacre. It was horrific, true, but the problem was not the availability of a firearm. The problem was the routine failures of the FBI and medical professionals to take down Nicholas Cruz and sequester him from the public!

Back in June, the RPOF held their annual Sunshine Summit and Florida Carry was there to see where political candidates and office holders stood on gun rights. At that meeting, DeSantis unequivocally told Florida Carry that he supports campus carry, open carry, and more importantly, constitutional carry.

Good, better, and best. Will he keep these promises? Is there something, anything that DeSantis needs to know about that could hinder his chances of getting these noteworthy reforms passed?

Why do I bring this up? Because Oklahoma and South Dakota replaced governors who vetoed constitutional carry bills. Back in May 2018, Oklahoma Governor Mary Fallin vetoed constitutional carry. Incoming governor-elect Kevin Stitt said he would sign a constitutional carry bill in September.

“I would sign it. I am a constitutional conservative. I support the first amendment, the second amendment and I think the best defense for a bad guy with a gun, is a good guy with a gun,” said Stitt.

Governor-Elect DeSantis should put pressure on incoming Senate President Bill Galvano (R) and the legislature as a whole. Even though Galvano took $200,000 from Michael Bloomberg and drafted Florida’s gun control bill that bars teachers from carrying. The Parkland shooting commission has thrown his desire of barring campus carry right back in his face with their 13-1 vote to arm school teachers and administrators.



Good. Bloomberg's Billions couldn't sway or delay the Second Amendment in Florida. Will the legislators show the same heft and courage to do the right thing.

Governor-Elect DeSantis can make life hell for the legislature is he so chooses by vetoing their district-specific porkbelly project bills. Florida used to be on the forefront of the Second Amendment movement when it came to restoring the rights of the citizenry. But sadly the state has fallen behind in recent years.

This is how people learn the inner workings, the "sausage making" that comes with politics. It's not pretty, and it's rarely if ever principled. DeSantis has to push a lot of legislators to the wall, he has to make it clear that his priorities must get done, or their priorities will go nowhere.

If South Dakota and Oklahoma sign constitutional carry into law, that would mean 30% of the country will have fully restored Americans’ Second Amendments rights.

The question becomes whether DeSantis will keep his promise apply needed pressure on the legislature to pass constitutional carry or other pro-Second Amendment legislation this coming year. And whether Floridians, if need be, will put pressure on DeSantis’ office to remind him of his promise.

Indeed. What's the big lesson from the other two states? It's not enough to have a partisan trifecta. It's simply not enough. The people of the several states need to flex their political muscle to make things happen.



What other states could consider constitutional carry?

1. Indiana
2. Tennessee
3. Iowa

Tennesse had an establishment-type of governor. He cared more about Big Business than the Little Guy and His Big Liberties. Governor Bill Lee is another outsider, but he still supports the permit process. Oh well.

What about Iowa and Indiana? In 2018, these states were exploring a repeal of the permit process for possessing and carrying a firearm. Following the Parkland shootings, these states retreated from the effort. The power of the media to craft a false narrtive about firearms still has an adverse effect on the general public's understand. This needs to be confronted and overturned at every turn.

Final Reflection

Constitutional Carry has made some steady process. The fact is that most states have recently moved way from "May Issue" to "Shall Issue." However, the issue remains for many constitutional conservatives that a permit still has to be issued in the first place. I don't need a permit to exercise my freedom of speech, do I? Do I have to obtain a form or release to ensure that the government cannot search my property without first getting their own piece of paper, i.e. a warrant?

We have natural rights from God, and they do not require a piece of paper. The same should hold true for firearms, for gun ownership, and for gun possession whether concealed or open.

The Right-To-Work movement has moved pretty steadily over the last eight years. Why has Constitutional carry stalled? What can be done to remedy this problem? Why has medical marijuana usage and acceptance grown, but not the expansion of the Second Amendment?

The exploration of Constitutional Carry brings up other concerns: what does the phrase mean in its entirety? Some states allow for permitless OPEN carry, but you still must obtain a permit for concealed carry. In some states, special permits are requied for "Mexican Carry" or "Ankle Carry."

Confused? 

Here are a set of terms worth consideration:

1. Reciprocity
2. Open carry
3. Concealed carry
4. Constitutional carry

We'll look over these distinctions and the fight over the expanded recognition of Second Amendmen Rights in a future post, too.



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