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I don't disagree that the may-issue / shall-issue is a 14A as people are not getting equal protection under the law. My GP post was addressing the issue that ma
by kls 6y ago
I don't disagree that the may-issue / shall-issue is a 14A as people are not getting equal protection under the law. My GP post was addressing the issue that many are under the impression that the 2A is interpreted as a universal right to have a gun anywhere at any time and that we are are still legally addressing that question. The 14A is important but secondary to that question. If it is decided that public carry is a 2A right then this 14A issue disappears but if it does not just like speech it is subject to reasonable restrictions, I cannot have a nuke, I cannot have bio weapons, I cannot have destructive devices, these don't make sense to extend to privileges. Public carry for the reason of self defense, does. As I said, if they go to a will-issue like FL and TX and universal reciprocity like the drivers licence system. I have no problem with the interpretation remaining that it is a privilege. It is not an unreasonable infringement on the 2A.
There are restrictions on free speech in public, I cannot yell fire into a crowd, I cannot incite a riot, I cannot tell people to vote for Jo Jorgensen while I am waiting in line to vote. Same with voting, I cannot vote twice even if my freedom of expression wants to.
This issue at hand is with those rights, they do not logically make sense to extend the spirit of the law via allowing some of those prohibited things via privileges.
This is why the 5th is such a good parallel, because I have an inherent freedom of movement but I don't have an inherent right to do it via the public roads, using an automobile. I have the privilege to do so via a licence. Now I can own an auto, I can offroad all over my property, that is my right but as soon as I hit the public pavement it becomes a privilege.
going back to the first, I can yell fire in my house all day long that is my right, but if I pick up the phone and utilize the public networks via dialing 911 and yell fire it is a very different situation. Again, it just does not make sense for the 1st to have some of it's limitations extended into privileges.
My overarching point is the 2A issue is not settled, many tend to take one stance or the other, but it is very much in flux, that will decide if the 14A issue is really a moot point.