Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.7
Site Design by Sekimori

« Local media on teaparty protests | Main | Thune amendment and Congressional Kabuke »

Thune amendment fails, but gathers a majority

Posted by David Hardy · 22 July 2009 12:47 PM

Some manner of procedural requirement meant that the amendment had to get 60 votes, and it fell shy by a couple. But the vote was staggeringly lopsided -- 58 - 39. Story here; you can get the roll call here.

13 Comments | Leave a comment

Jim K | July 22, 2009 1:10 PM | Reply

Glad to see both of mine voted for it - Wicker and Cochran.

bill-tb | July 22, 2009 1:26 PM | Reply

Not sure this was the best vehicle for it, but it can be tried again and again.

Why should a Constitutionally guaranteed right be different than driving privileges?

Bret | July 22, 2009 2:19 PM | Reply

Correct me if I am wrong, but if a state does allow reciprocity of another state then there is no federal jurisdiction over it. The only way the feds could get involved is if I were to take my concealed weapon into Illinois or Wisconsin (or any others that don't have reciprocity for an MT concealed weapons permit.

Jeff Showell | July 22, 2009 2:28 PM | Reply

With 58 votes, why not a stand alone bill for national CCW?

anon | July 22, 2009 2:39 PM | Reply

"With 58 votes, why not a stand alone bill for national CCW?"

Because what a Dem will vote for when he knows it won't pass is not the same as what a Dem will vote for when he thinks it might. (See the numerous aborted attempts to overturn DC gun laws)

Also note: There were two Republicans who could have made the difference on this vote:
Lugar (R-IN), Nay
Voinovich (R-OH) Nay

Sebastian | July 22, 2009 2:41 PM | Reply

With 58 votes, why not a stand alone bill for national CCW?

Because Obama will veto it, and then you're back needing 60 votes. Even if Obama would play ball, Pelosi isn't.

Sebastian | July 22, 2009 2:43 PM | Reply

Sorry, make that 67 votes. It takes 23rd majority to override a veto.

steve | July 22, 2009 3:15 PM | Reply

For those of us old enough to remember back to the 70's/80's when it seemed like the 2nd amendment was a dead letter and gun bans, particularly pistol bans, were guaranteed ... could you imagine we'd ever get to this point back then?

Carl in Chicago | July 22, 2009 4:36 PM | Reply

Agree with Steve. Completely.

We must not forget how very far we have come, and the foundational shift on this issue.

Imagine what incorporation will bring ...

ed bernay | July 22, 2009 6:41 PM | Reply

this loss is actually a good thing in my opinion. I have never agreed with the premise that the government has the legit authority to require a permit to exercise a constitutional right. Whenever we push for legislation that promotes that idea, we are taking two steps back in the long run even if we win that battle. Recognizing that politicians are authorized to require a permit to exercise your right to carry could eventually turn into requiring a permit to exercise your right in your home. Losing this battle was good for the cause in the long run and especially because the politicans can't hide from their vote. This is good material for the next election. In the meantime, hopefully the states will get a smackdown in SCOTUS for incorporation.

Big Jake | July 22, 2009 11:15 PM | Reply

So many people seem to be stuck on the gun issue of this amendment, in fact it’s a constitutional issue. The US Constitution has what is called the Full Faith and Credit Clause (Article IV Section 1), which says that public acts, records, and judicial proceedings of one state must be honored by all other states. This is why your driver’s license, marriage license, etc. is valid from one state to the next. Having a CCW license have full 50 state reciprocity SHOULD be, according to the Full Faith and Credit Clause, the default and for you not to be able to carry in a given state would require a hearing in a court of law. I believe because of the passions aroused by and the sensitivity of people to the issues of civilians owning/carrying/using guns that the states ignore (unconstitutionally in my opinion) Full Faith and credit and causes this patchwork of CCW laws.

HD | July 22, 2009 11:20 PM | Reply

Why blame this on the Dems and politicking? The R's were in complete charge for 8 years and never proposed this when they had the votes to make it count. It's not particularly brave of them to submit this now when they're out of power, and only do so because they know it will make political hay in their next campaign. Disappointing, posturing on both sides, both equally venal.

straightarrow | July 23, 2009 3:12 PM | Reply

oh yeah, HD, both equally venal.

Leave a comment