NWPilgrim said:
Metcalf's response asks if 2A supporters still believe in the 1A.
I hadn't heard or seen that Metcalf made any response. Where was (is) this? Is there a link to an on-line version?
{EDIT}Found it:
http://www.theoutdoorwire.com/features/228229
Metcalf said:
Do not 2nd Amendment adherents also believe in Freedom of Speech?
Certainly, Dick. You were free to write what you wrote, and your publisher was free to publish it. Neither you not editor Bequette was arrested, charged, fined, or otherwise acted upon by the government -- and the Constitution is, after all, a set of rules for the conduct of the
government. The Constitution, including the Bill of Rights, does not require that private citizens suffer the ravings of a lunatic in silence.
Metcalf said:
Do Americans now fear open and honest discussion of different opinions about important Constitutional issues?
When those different opinions can and will be (and already have been) used as ammunition by our enemies, you bet I fear them.
Metcalf said:
Do voices from cyberspace now control how and why business decisions are made?
In a word, "Yes." Those voices from cyberspace are (were) your
customers, Dick. Didn't you ever hear the expression, "The customer is always right"?
Metcalf said:
And yes, I am fully aware of the many and varied historical/legal definitions of the term "well-regulated," and how they are used and misused.
Then why did you misuse the term yourself?
Metcalf said:
I am also fully aware that the different rights enumerated in the 1st, 2nd, 3rd, and following amendments are different, and are regulated differently. But they are all regulated in some form or fashion, hopefully appropriate to their particular provisions.
Which completely ducks the question of whether, given the different grammatical construction and the clear statement in the 2A that the RKBA "shall not be infringed," it is proper that the RKBA has historically been regulated. Isn't THAT part of the "debate"?
Metcalf said:
I further clearly understand that owning or driving a vehicle is not a constitutional right, and that keeping and bearing arms is. But both involve issues of public safety, which is why both are of great and immediate interest to a great number of Americans for much the same reasons. Should we not speak of both in the same sentence?
Dick, if you "clearly" understand that one is a constitutionally guaranteed right and the other state granted privilege -- how can you even ASK if we should be discussing them in the same sentence? This is not even comparing apples to oranges -- this is comparing apples to turnips.
Metcalf said:
Even the Supreme Court's widely applauded Heller and McDonald decisions affirming an individual right to keep and bear arms, and the 7th Circuit Court of Appeals' Moore ruling overturning the Illinois ban on concealed carry, specifically held that other firearms laws and regulations do pass constitutional muster.
Wrong.
McDonald and
Moore both built on
Heller.
Heller did NOT hold that other firearms laws and regulations pass constitutional muster.
Heller, in fact, explicitly and expressly declined to address them.
Heller referred to them as "presumptively" constitutional, which basically means "We know they are there but we're not here to talk about them today, so they can stand until they get challenged and struck down." And we now have cases in progress all over the country challenging those "presumptively" constitutional laws and regulations. In fact,
Moore is one of those challenges.
Metcalf's questions:
1. If you believe the 2nd Amendment should be subject to no regulation at all, do you therefore believe all laws prohibiting convicted violent repeat criminals from having guns are unconstitutional? Should all such laws be repealed?
Yes. If a convict can't be trusted to have the means for self-defense when he is released (and his parole is finished), then he shouldn't be released.
2. Do you also believe all laws establishing concealed-carry licenses are unconstitutional?
No. Laws regulating concealed carry are consistent with the Constitution if the state allows unlicensed, unregulated open carry -- such as Ohio, Pennsylvania, New Hampshire and a number of others.
3. Do you have a concealed-carry license anyway?
Yes.
4. Are you thereby violating the Constitution yourself?
How? My state's carry laws have not (yet) been ruled unconstitutional, therefore I am legally constrained to follow them. How is obeying a "presumptively" valid law in any way a violation of the Constitution?