14th Amendment

[ma6907]

Forgive me if this has already been discussed (I am new here), but I was thinking, if the 14th amendment gives the right to gay marriage and to abortion, does it not also give the right to carry guns anywhere since it is legal (on some level) in almost every state?  Wouldn't that be a challenge to restrictive gun laws in anti gun states (like NY, CA, and Ill) and couldn't it also be applied to other states using precedence of Constitutional Carry states like Vermont?

[tennesseetiger]

Yea a side effect of how the SCOTUS ruled on gay marriage is that they accidentally pointed out that a US citizen cannot be denied a gun...in a nut shell without going in to a huge amount of detail what you are saying is correct.

So, the states like California, New York, Illinois, District of Columbia, etc are going to be in a sling when lawyers come knocking...this is why gay marriage should have been a constitutional amendment ASSUMING it was going to be legalized.

http://www.bizpacreview.com/2015/06/28/gun-rights-groups-find-a-side-to-gay-marriage-ruling-that-will-make-liberal-heads-explode-218843

 

On a side note, the Free Exercise Clause states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...

Since the SCOTUS can't make laws according to pretty much everything I've ever been told "and the constitution", you'll see gay marriage licenses not handed out in a lot of states. That woman in Kentucky was first to figure this out...

[gregintenn]

Forgive me if this has already been discussed (I am new here), but I was thinking, if the 14th amendment gives the right to gay marriage and to abortion, does it not also give the right to carry guns anywhere since it is legal (on some level) in almost every state?  Wouldn't that be a challenge to restrictive gun laws in anti gun states (like NY, CA, and Ill) and couldn't it also be applied to other states using precedence of Constitutional Carry states like Vermont?

No, that would be the Second Amendment.

 

There is a lot of stuff going on in government that isn't legal or constitutional. It will get worse until someone does something about it.

[macville]

Forgive me if this has already been discussed (I am new here), but I was thinking, if the 14th amendment gives the right to gay marriage and to abortion, does it not also give the right to carry guns anywhere since it is legal (on some level) in almost every state?  Wouldn't that be a challenge to restrictive gun laws in anti gun states (like NY, CA, and Ill) and couldn't it also be applied to other states using precedence of Constitutional Carry states like Vermont?

 

Your thought process is logical, but not political. Since the courts seems to be more political than logical, we will continue to see carry permits restricted.

[tennesseetiger]

No, that would be the Second Amendment.

 

There is a lot of stuff going on in government that isn't legal or constitutional. It will get worse until someone does something about it.

Well...you gotta look in to how the SCOUTS ruled...they utilized a piece of the 14th to say people can't be denied rights...since they did that, they are saying nobody can be denied any right "like the 2nd amendment right to have a gun for instance" so his thinking is correct.

This has 2nd Amendment written all over it...

"Under the Due Process Clause of the Fourteenth Amendment, no State shall “deprive any person of life, liberty, or property, without due process of law.” The fundamental liberties protected by this Clause include most of the rights enumerated in the Bill of Rights."

 

But yes, the government picks and chooses what part of the constitution is followed...thats for damn sure.