States' Rights Be Damned

By Daily Editorials

December 11, 2017 3 min read

Once upon a time, Missouri gun-rights activists proudly upheld this state's right to pass and enforce its own laws. If you didn't like them, well, you were free to move to another state. That concept of states' rights used to be a bedrock philosophy of the Republican Party in its campaign against federal overreach.

Now, Republicans aren't so sure that states know what's best for themselves, and maybe a whole lot of federal intrusion might be the best way to go. On Wednesday, the House of Representatives kneeled to pressure from the National Rifle Association and approved a bill that would allow federal law to supersede the ability of individual states to enforce their own gun laws.

Six Democrats supported the bill and 14 Republicans - perhaps mindful of being labeled hypocrites - voted against it. The bill, HR 38, or the "Concealed Carry Reciprocity Act of 2017," effectively allows states like Missouri with the loosest gun laws to impose their will on states that impose tighter restrictions.

Missouri and Kansas are among the 12 states that allow permitless concealed carry, which means qualified adults can buy a handgun, conceal it, and under this bill go to any public place the law allows in other states, no questions asked. Illinois requires a permit. But under HR 38, Missouri would get to impose its laws on the people of Illinois, like it or not.

Although the NRA argues that Second Amendment rights should apply uniformly throughout the land, different states have conflicting interpretations. Kansas, for one, expresses specific concerns about the existence of armed militias referenced in the Second Amendment. Kansas law states clearly: "The people have the right to bear arms for their defense and security, but standing armies in time of peace are dangerous to liberty, and shall not be tolerated."

In other words, Kansas specifically reserves the right to add clarity where the Constitution is too vague. Other states, such as California, impose far more restrictions on gun ownership, choosing to interpret the Second Amendment's reference to a "well-regulated militia" as meaning that the right to bear arms is not absolute.

But neighboring Arizona, like Missouri, seems to embrace a philosophy of the more guns, the better. Under HR 38, California would have to honor Arizona's concealed-carry laws. The law also would even allow qualified out-of-state gun owners to carry concealed firearms in school zones of states they are visiting. It's a law enforcer's nightmare.

Senate Republicans acknowledge this bill probably wouldn't pass in their chamber, especially since memories of recent gun massacres in Nevada and Texas are still fresh on the minds of their constituents.

The NRA is pressing its luck. American voters' tolerance is wearing thin for the mass bloodshed that accompanies looser gun laws. Thinner still is their tolerance for hypocrisy.

REPRINTED FROM THE ST LOUIS POST DISPATCH

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