I just looked through this thread at the quotes provided by IBH of Speedo!
It does appear Speedo is interested in expanding "gun control" beyond the Heller opinion, which is an "exhaustive" analysis of the interpretation of the 2nd amendment that reaches the following conclusion when faced with the DC attempt at EXTENSIVE "gun control"...
In Heller, the Court opined in two distinct places so as there to be no misunderstanding:
“We must also address the District’s requirement (as applied to respondent’s handgun) that firearms in the home be rendered and kept inoperable at all times. This makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional.” District of Columbia vs. Heller, 554 U.S. 58,
“…we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense.” District of Columbia vs. Heller, 554 U.S. 64
The Heller opinion actually goes beyond that in dicta (which was incidental to the DC statute of sorts) when the interpretation of the 2nd amendment by the Court extended the protection of the 2nd amendment to "bearing" firearms, which was interpreted to mean for self-protection outside of the "home" .... ala ...."Constitutional Carry" (a phrase I do not recall seeing in the Court's opinion).
Speedo restricts his position to 2nd amendment protection in the "home" ... but would require "training" .... and sort of morphs it into the phrase of "Constitutional Carry" ... which is legally a conflict ..... based on the analysis of the SCOTUS in Heller.
Requiring "training" is "gun control" .... the "training" and "licensing" of operators of motor vehicles is .... "control" of the operators of motor vehicles. It merely shifts the responsibility of "screening" potential applications to the provider of the training and QUALIFICATION, which at this point is private (as opposed to the State qualifying the drivers), but the firearm training facilities and instructors are "licensed" by the State, report training to the State, and the State approves the "application" for the training with a background check. That's GUN CONTROL!
Once the government gets its "foot in the door" of mandatory, universal training to possess a firearm, it's over as far as the 2nd amendment is concerned. That's not a requirement, never was, and should not ever be. Example:
For years the Republic of Mexico had a stronger First Amendment Right to publish by a newspaper than the U.S. BUT ..... the newspaper WAS REQUIRED to purchase the news print for publishing the paper from the only source: The Government.
That would have offended Benjamin Franklin, and it would today.
Originally Posted by LexusLover
I thought I was on "Ignore" by LexusLoser. But I digress.
Unfortunately, LexusLoser does not mention that the Heller decision also stated the following:
" Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms."
States can impose gun control laws as they see fit based on this SCOTUS ruling. LexusLoser believes that requiring training in order to obtain a CHL is in conflict with the Heller ruling. I do not and a subsequent SCOTUS ruling in case brought against the state of New York stated that the NY requirements for obtaining a CHL, which are very restrictive, did NOT violate the Constitution. Yes, requiring people to go through a training course is gun control. So is not allowing people under a certain age to purchase a gun gun control. As is not allowing average citizens to own an M-16. As is banning guns from certain establishments. So is not allowing guns on planes. Background checks are gun control. I can go on and on.
Again, LexusLoser's argument, like so many other gun control arguments, are based on the belief that "If you give them an inch, they'll take a mile." Once you start allowing such gun control, the "liberals" will want more and more.
I never said that training should be mandatory to possess a firearm. The odds of a gun in someone's home, someone who is totally untrained with the gun, will probably never affect someone outside the home. However, once that person leaves the home with a gun, he/she is a potential threat to others if they are untrained. Very small threat but still a threat. My opinion. So yes, I support the law in Texas that requires a minimum number of hours in order to obtain a CHL. If LexusLoser does not like that law, he can carry illegally, can fight the law in court, or try to remove the law.