Bob Owens of the Townhall.com's website BearingArms.com argued last weekend that the Supreme Court's decision forcing all states to recognize same sex marriage certificates stirred quite a controversy online. The controversy was over Bob Owens' suggestion that the Supremes opened the door to forcing all states to accept other states' conceal and carry laws, based on the 14th Amendment application of the Constitution's 2nd Amendment.
Such a development would make Illinois' strict conceal and carry license, the FOID requirement, hours of gun training and expense irrelevant, as the new standard would be the nation's most accessible licensure.
Illinois Review picked up Owens' story Saturday, and by Monday morning over 32,000 people had viewed the story, 7.3k had "liked" the story - and hundreds shared it with their Facebook friends. The story is gaining momentum nationwide.
Yesterday, Owens developed the story more, adding to his argument with quotes from an amicus brief in the Obergefell decision. In a post named "Can Gay Couples Open Carry AR-15s in Washington, DC As A Result Of Obergefell?" Owens writes:
I argued Friday morning that the Obergefell decision validated concealed carry reciprocity nationwide. ... What I didn’t know at the time is that a more expansive argument had already made by Marc Greendorfer in an amicus brief attached to the Obergefell case.
Owens continues:
In retrospect, it seems short-sighted to believe that the majority decision by the five justice majority in Obergefell would only apply to something as narrow as one kind of state or local gun law.
As Greendorfer argues, if there is any intellectual and logical consistency in the Supreme Court’s arguments at all, the “due process” argument must be applied as equally to state and local gun laws, sweeping them aside entirely, and reaffirming the clear command in the Second Amendment that, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
All, state and local on concealed and open carry would seem to be invalidated, and citizens should be allowed to carry firearms, either openly or concealed, anywhere they want to go.
Dare the Court dare claim that the 14th Amendment’s due process clause only applies in specific and narrow instances?
The argument is beginning to take notice among national conservative pundits. Tuesday morning, Erick Erickson picked up on it and affirms Owens' reasoning.
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