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Pointing out that the Supreme Court found the right to gay marriage in Section 1 of the 14th Amendment, Bob Owens of Baring Arms seems to have found a silver lining in last Friday’s Obergefell decision. The Court wrote:
“The fundamental liberties protected by the Fourteenth Amendment’s Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs…Courts must exercise reasoned judgment in identifying interests of the person so fundamental that the State must accord them its respect. History and tradition guide and discipline the inquiry but do not set its outer boundaries. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.”
There are currently 36 states with “shall issue” firearm license schemes; i.e., one where anyone who meets certain objective criteria must be issued a license. By using the same rationale as the Court used on Friday, those holding valid concealed carry permits must be granted the same protection in places like D.C., Maryland, New Jersey and New York. After all, while the Court had to strain to find its rationale to overthrow 6,000 years of human history, the Second Amendment is right out there for all to see.