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Inconvenient Truth: National Reciprocity is Constitutional

Dan Zimmerman - comments No comments

Yeah, well that’s not exactly new. Noah Feldman makes the inconvenient point that no matter what you think about federal preemption and states’ rights, nothing about national reciprocity would be unconstitutional . . . Muddy Liberal Thinking on New Gun-Rights Law

It’s a terrible measure, to be sure, forcing states to allow people licensed to carry concealed weapons in one state to carry them anywhere else. But that doesn’t mean it’s unconstitutional, and liberals should be careful what they wish for.

To insist that the law is unconstitutional requires arguing that states have the ultimate right to legislate on guns. Yet if Congress were some day to prohibit concealed-carry everywhere, or to impose gun-control measures with teeth across the country, the same argument could be used to say that Congress lacks the authority to do so.

So liberals should be careful about borrowing the tools of constitutional conservatism to oppose the bill on states-rights grounds. Better to leave it to principled conservatives to challenge the bill as overstepping Congress’s power to regulate interstate commerce. …

In order to bring the law within the purview of Congress’s power, the bill says that it applies to “a concealed handgun” that has “been shipped or transported in interstate or foreign commerce.” That’s every gun, pretty much. This formulation is intended to satisfy the Supreme Court’s interpretation of the Commerce Clause of the Constitution.

Full article — at bloomberg.com — here.


0 thoughts on “Inconvenient Truth: National Reciprocity is Constitutional”

  1. National reciprocity is NOT constitutional. Giving permission to do what already is not to be infringed makes no sense.
    It is however common practice amongst tlawmakers and judges to ignore this. So national reciprocity is the best thing we can get unless we make washington dc go away for good.

    Reply
  2. I see an opportunity for a consumer based testing and certification group here. A UL for guns of sort. From the previous blog it seemed rather easy to force a discharge. That doesn’t jive with HD’s statement at all.

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  3. This question came up a few days ago on a forum I frequent, I’ll give the same answer here as I gave there:

    Enough ammo…what a concept. When it comes to ammo, I’m like that guy we all know who is broke the day after payday; if it’s loaded, I’m shooting it. All the tools and gadgets that I’ve bought to speed up reloading only serve to deplete my components faster. I think that having enough components on hand to wear out each barrel I own would be a good start.

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  4. All of my ammo is pretty much for plinking. With that in mind, this is my count:
    40 S&W: 650
    5.45X39: 1700
    45 ACP: 1000
    9 mm: 1500
    308/7.62: 250
    12 g: 00 buck, 75

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  5. I measure my ammo in expected event / combat loads. (I go to most 3 stage rifle events with a 180 round combat load and generally leave with partial magazines.) My standard is 20 events per year with 180 rounds per event for my primary rifles (.308, 7.62×39, and 5.56×45) That means I stock a nice round 4k of each with another 2k of 9mm and 45ACP.

    All of that is normal plinking ammo. (I don’t shoot anything that requires better than 4MOA precision.) For emergencies, I keep 2 loads of “the good stuff” stashed away that gets rotated into use as necessary. That’s 400 rounds for each of the rifle calibers and 100 for pistol.

    Then there’s the C&R ammo which is on an “as needed” basis. I still have 200 rounds of shiny factory Nagant revolver ammo and a spam can of 7.62x54R. If you dig through the ammo boxes in my armory you’ll come up with an eclectic mix of 8mm Mauser, 6.5 Swede, .30-06, and 6.5Jap adding up to a few thousand rounds. I still have most of a case of 7.62×25 stashed away for my TT-33 that I haven’t shot in ages. Shotgun ammo is much the same with a weird mix of various bird and buck shot shells adding up to about 500 rounds. I don’t shoot shotgun regularly, so they mostly collect dust.

    Finally, you have hilarious “giggle factor” loads like 45 Colt, 454 Casull, 50AE, and 50 Beowulf. Those generally sit on my shelf collecting dust as they are never really used except in the occasional dick measuring contest and might add up to another 300 rounds between them.

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  6. Hank Williams jr. I like him, but don’t know if he. Will …..get a picture on the cover of the rollin stones. Texas Hippie Coalition might. I dig Big Daddy Riches shotgun Mike. Then there’s Steven Tyler, he likes to hunt, Lars Ulrich( Metallica) rescheduled concert to hunt. Ted Nugent’ , Catfish Ted, all mouth and no brain , I used to like him but after that crap on MTV “hunting with Ted”, he’s just s dumbass

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  7. Awesome! I can now spend even more money on my already overpriced Glock! After replacing the plastic sights, getting a trigger that isn’t garbage, adding the +1 baseplate to make it competitive with the Shield, I have only spent $750! That’s a great value right guys!?!

    Reply
  8. Battenfield, Caldwell, Crimson Trace — all nice acquisitions. Smith & Wesson’s guns — I love them. Smith & Wesson’s senior management — incompetent.

    After finally getting out from under the hundred million dollar fiasco known as Smith & Wesson Security, the company flushed away one of the world’s great brands for no reason that makes sense.

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  9. Will the homosexual community rally to her defense? In todays PC world they have more sway than honest organized gun owners.
    After Shaneen Allen, I don’t understand how any out of state gun owner can still think New Jersey is a safe place to be?????
    This proud white lesbian is out of touch with the real world. I hope her friends keep in touch with her while she’s in prison. She will need the support.

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  10. For those that didn’t want to watch the video, the answer is 1. One 55 gallon barrel laying long ways stopped a .50 BMG round.

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  11. I’m glad I got my Sako .338L instead. It’s not as powerful as a .50 BMG, but it’s a lot lighter, and it will hit a target at 1000 yds so I’m satisfied.

    Charlie

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  12. This would seem common sense. He is an OFFICER. Sworn to serve and protect. He is not merely some citizen protecting himself with his home defense tool. Police Officers should avoid things like this that have a “stromtrooper” feel to them. It is not what we want from Police. Similar to Punisher skull stickers on cruisers. It is not the end of the world, but not a smart idea. It gives a very bad impression and muddies the waters needlessly.

    Overall, this story is tragic for everyone. Most of all, the victim. This officer doesn’t seem like some racist exterminator, but he is not the smartest guy I’ve seen and not the best trained. This situation was completely preventable. The victim made mistakes, but so did the shooter.

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  13. Well I can thank the leftist wolf alinsky and Chicago for producing the worst politics this nation has seen, which the people have spoken and now it Trumpism and not leftist progressives. Thank you Hussein Obama for not caring for your nation enough and killing the blue pill momentum you helped create.

    Reply
  14. I buy a lot of stuff from SGAmmo.com

    They didnt hike their prices immediately during the great ammo drought.

    They have good prices and one of the few places that often has Federal HST 9mm and 9BPLE.

    Great prices…and quick service.

    Reply
  15. My biggest book is the Random House Dictionary of the English Language. The thing is big, but I wouldn’t do that stunt even with a .22 let alone a damn .50 caliber!
    I’m not sure which gun rule if violates but I betting all of them especially # 1
    (1) Always keep your gun pointed in a safe direction
    or
    Treat all guns as if they are loaded.

    Yes, I’m sure I have read that before somewhere.

    Reply
  16. My wife and I bought a travel trailer last year and made a nice trip down the Oregon coast – stopping at Brookings, OR (furthest point south on Oregon coast line). There are some nice redwood groves just a bit further on in California, but didn’t feel like crossing into a foreign country with my AR and a Springfield XD in the truck.

    Now, even if national reciprocity were to pass, I assume that California could still make the no-import law stick, since even with reciprocity, gun owners are still bound by other state laws. I’ll be fvcked if I travel to that political hell-hole. I’ll spend my travel dollars out in Utah instead.

    Reply

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