Re: Thoughts on Thune
Far be it from me to correct the Czar and risk a trip to the Lubyanka, but the Thune Amendment (Text here. Search for SA 1618. Relevant law begins at 8(b)) did not create national concealed-carry (CCW) for permit holders. It merely nationalized CCW reciprocity—which is common, though patchy, among CCW states (click around the map here to see which states honor which others’ permits).
Consequently, and invalidating the Czar’s first point, Wisconsin and Illinois would have been entirely unaffected by the bill, which merely said that any state issuing CCW permits must recognize those issued by other states, just as marriage licenses, driver’s licenses, etc., are recognized reciprocally (except where legislation explicitly forbids it like the “defense of marriage”-type acts in many states). Wisconsin and Illinois would not have been compelled to allow CCW on the part of licensed out-of-staters, and any state wanting to abolish its CCW laws could do so under it.
The Czar’s second point is also moot: it is the obligation of the permit holder to carry according to the laws of the state he’s in, just as it’s the obligation of a driver with a license from a right-turn-on-red state has to abide by the eccentric right-turn-only-when-posted laws of, say, the five boroughs of New York or Montreal Island. Under the Thune Provision, the hypothetical North Dakotan in Boston is subject to any and all Massachusetts carry restrictions—but his CCW license is considered as valid as one issued in Massachusetts. If he screws up, he’s subject to Massachusetts law. North Dakota’s statutes are completely irrelevant and he has no appeal to them. It’s just that his Flickertail permit is considered as valid as a Bay Stater’s.
Last, there’s little reason to think a Thune-type law would reach the Supreme Court. There are no large Constitutional issues here as Congress is—for once—dealing with legitimate interstate concerns, and even interstate commerce as, say, in the person of a long-haul trucker who carries a gun with him to protect himself from being rolled at a truck stop or hijacked. Currently, he has no way to make his home-state permit valid through many of the legal-CCW states he drives through, even if many of those may have more rather than less liberal carry laws.
The putative “states-rights” issue came down to the rather bizarre concern for stricter states like those containing bucolic L.A., Baltimore, and New York City which would suddenly be at the mercy of gat-toting madmen from unrestricted or shall-issue states like those containing the bullet-riddled hellholes of Cheyenne, Juneau, and Montpelier. It was an obvious pretext for an anti-gun vote by the usual suspects and contains no legitimate claim to be protecting states’ laws or rights, as no states’ laws were changed or even affected. If New York wanted to pass a “Defense from Vermonters” law or abolish CCW in order to protect themselves from the Green Mountain Scourge, they’d still be free to. Given that the “victimized” states with stricter laws are still able to enforce their laws to the letter on every carry-permit holder within their borders, the Tenth Amendment issue isn’t going to get very far on any sort of rights grounds.
That said, your Volgi is likely the only Gormogon to subscribe to this analysis, so as always, take him cum grano salis, twice daily. Side effects may include jitteriness, fatigue, diarrhea, blindness, coma, and death. Women who are or may become pregnant should not handle broken Volgis. Do not operate heavy machinery under the influence of the Volgi.
And actually, the Œc. Vol. is not sure what the state of Alaskans and Vermonters would be, since neither state requires any permit to carry a gun. They might actually be worse off trying to carry into a CCW state under a reciprocity arrangement, as “Hey, here’s my Vermont driver’s license” probably wouldn’t hack it.)
On the upside, given the 58–39 vote in its favor, it or something like it is probably a slam-dunk the next time there’s a less Democratic senate. (Whenever that might be, God help us…)
Don’t ask impertinent questions like that jackass Adept Lu.