Monday, February 18, 2013

Lawyer O'Malley, Liberal O'Malley


Maryland Governor Martin O'Malley has proposed a $100 qualification licensing fee in order to own a handgun in the State as part of his tougher new gun control legislation in the aftermath of the Sandy Hook Elementary tragedy. If passed into law, it will most certainly be challenged in court and almost as certainly be ruled unconstitutional. I base this opinion on the same logic that ultimately led to the 24th Amendment which made Southern poll taxes unconstitutional.

In order to get around  Section 1 of the 15th Amendment which says, "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." Southern States imposed poll taxes to deny freed slaves the right to vote by making it prohibitively expensive. O'Malley's qualification licensing fee would have the same effect on the 2nd Amendment by abridging the right to bear arms - one cannot be require to purchase a license or pay a fee in order to enjoy their rights. The lawyer in Gov. O'Malley knows this too, of course, but the liberal in him can't help itself. As with most on the far left, liberalism trumps all for Martin O'Malley - the law, natural rights, religious faith, etc.

In a related item, O'Malley argued in his appeal to the State legislature for stricter guns laws that the State should require a mandatory gun safety course as a condition for owning a firearm. He said we require training to operate a motor vehicle on our highways, why wouldn't we require training to own a gun? High school driver's education students know the answer to the governor's question and as a law school graduate, one would hope he does too. Driving a motor vehicle is a privilege not a constitutionally protected right! But never let the facts dissuade a committed lefty from making a liberal 'we know what's best' argument.  

2 comments:

  1. Your loving but always argumentative sisterFebruary 20, 2013 at 6:18 PM

    Just wondering why anyone would be opposed to a gun safety course requirement. Last time I checked, guns were lethal weapons.I would feel better knowing that the people shooting them were aware of gun safety practices. Why is that a problem?

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  2. The problem is that it is unrelated to O'Malley's stated purpose of trying to reduce gun violence. I makes one question the true motive. Further, he conflates the distinction between a right and a privilege which is dangerous because so many Americans don't understand the difference. Lastly, who is qualified to teach the course? Your much despised NRA? That is one of the NRA's organizational purposes after all and they do a great job by the way. It will end up being some government bureaucracy, staffed by politically motivated, anti-gun types, who know nothing about firearms. It will cost too much, lack any measures of effectiveness and eventually gain regulatory powers with the effect of law which ultimately abridge the peoples' right to keep and bear arms. Think EPA. Who isn't in favor of clean air and water, right? Until...some bureaucrat declares your front yard a wetland because occasionally puddles of water collect when you get a really hard rain. Then you can't do what you want with your private property - can't sell it because no one wants the hassle; can't trim your trees or shrubs, cut the lawn, fill in the low spot to prevent mosquitoes from breeding, etc.

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