Negative And Positive Spin On Pending National CCW Legislation

First a NEGATIVE, in part…

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Tenth Amendment to the Constitution of the United States

From time to time I read about proposals for a national law requiring reciprocity of concealed carry permits between the states. The most recent example is the Constitutional Concealed Carry Reciprocity Act, introduced by Senator John Cornyn, R-TX.

Sadly, I have some bad news about this proposal, and about a national CCW reciprocity law in general: It would be unconstitutional under the Tenth Amendment.  (Fill Yer Hands)

Second, a POSITIVE response, in the comments…

14th Amendment.

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

…

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Simply declare that the Right to Keep and Bear Arms is a fundamental right, that denial of the right to carry a firearm for lawful self defense is denial of liberty, and that this law is passed under Congress’s 14th Amendment power to enforce, by appropriate legislation, the liberties of our citizens.  (Sean D. Sorrentino)