IT IS TIME FOR THE U.S. SENATE TO VOTE ON NATIONAL CONCEALED HANDGUN CARRY RECIPROCITY.

The Arbalest Quarrel has been at the forefront in the call for national concealed handgun carry reciprocity legislation. Posting our first article on the subject in 2015, in our “Roadtrip with a Handgun” series, we have  remained a strong proponent of national concealed handgun carry, and have since published two dozen articles on the subject; our latest posted on November 30, 2018.We were very pleased when the Republican controlled House at long last passed their version of national handgun carry. But that was almost one year ago. The House bill is titled, “Concealed Carry Reciprocity Act of 2017,” 115 H.R. 38. The House immediately sent the bill to the Senate for consideration. But, there has been no action on it to date. It has been sitting idle in the Senate Judiciary Committee ever since. That is unacceptable. More, this inaction is unconscionable. Millions of American gun owners want it, need it, and have the right to have it.We cannot wait because once the Democratic Party majority takes over control of the House on January 3, 2019, we will likely never again see it. The measure would have to be brought up once again, in the new Congress. It would then have to be voted on, and passed by the full House, and that won’t happen—not with a substantial Democratic Party House majority.The Democratic Party leadership that will define the measures to be taken up and voted upon by the full House has no desire to strengthen the Second Amendment. That is not part of the leadership’s agenda. Indeed, the goal of the Party leadership, for decades, has been, on that score—unlike its policy position on illegal aliens and border protection, where it flip-flopped—remarkably consistent. The aim of the Party leadership is to weaken the Second Amendment to the point that the fundamental right set forth in the Amendment ceases to have practical effect.It is therefore imperative for the Senate to bring the House version of the bill it has been sitting on for close to a year, to the Floor of the Senate for a vote by a full complement of Senators. The Senate will hopefully then pass the bill, and get the bill onto the desk of the U.S. President Trump, for his signature, before it adjourns. There is still time. But, the Senate must act now, without further delay.

National Handgun Concealed Carry Reciprocity Would Be a Good Thing; a Rational, Positive Step Forward.

A few readers of our articles have argued against passage of national handgun carry reciprocity, asserting the right of the people to keep and bear arms—as one of our fundamental, unalienable, and natural rights—rests beyond the lawful control of Government to regulate. If so, this would mean that present federal, State, and local Government regulation of the exercise of the right is facially invalid, and unlawful.The concern expressed is understandable. The Arbalest Quarrel has not been unmindful of the issue whether Government can legitimately regulate our fundamental, natural, enumerated rights at all, and if it can, then the extent to which Government can regulate these rights.The tension between Governmental power on the one hand and the rights and liberties of the people, on the other, was, in fact, a focus of attention for the founders of the Republic, and a dilemma. They came to an understanding, if guardedly and grudgingly by some, that, for the fledgling Republic to exist and persist through time, it would be necessary to establish a strong national government. But, having thrown off the yoke of oppression created by one autocratic rule—that of King George III—the founders, who met at the Constitutional Convention in Philadelphia, in 1787, had no desire to draft conditions, albeit unintentionally, that would allow for imposition of yet another such rule—and this one of their own making.The answer, for the framers of the Constitution, referred to as antifederalists, was to place an express Bill of Rights into the Constitution, to protect the rights and liberties of the people. The antifederalists saw inclusion of a Bill of Rights as necessary to curb a tendency of a national Government to exercise and accumulate ever more power at the expense of the people to whom that Government was, after all, designed and expected to serve.The federalists were opposed to this idea, but not because they were against securing fundamental rights and liberties for the people. Rather, they felt that a Bill of Rights was unnecessary and redundant, as the power and authority of a central Government would be express and limited. Everything else—rights, liberties, powers—would reside in the respective States and in the people. Further, the federalists felt that, by placing emphasis on a formal Bill of Rights, this would obscure the need for creating an effective and efficient Government that could provide both national security and strength, and, at once, promote liberty. But, we have seen how this has played out, 200+ years later. And, it isn’t good. Thankfully, the antifederalists’ demand for inclusion of a Bill of Rights in the Constitution prevailed over the federalists’ objections against such inclusion.The federal Government has indeed, through time, become very effective and efficient in amassing unbridled power, along with securing, for itself, extraordinary levels and layers of secrecy, even as the American citizenry, conversely, has lost its own fundamental right to be free from unlawful Governmental searches and seizures. Indeed, there likely now exists a Government within a Government, an ominous, parallel Shadow Government, separate and apart from the apparent, ostensibly “open” Government the public sees.This Shadow Government likely siphons off billions of taxpayer dollars annually, using that money to advance its own illegitimate goals; money that serves its own interests, not those of the American people; hence, the concern of many citizens against any Government regulation of fundamental, enumerated, unalienable, and natural rights, including the right of the people to keep and bear arms, else Government inevitably, inexorably, and insidiously encroach upon and systematically and oppressively control the lives and actions of its own people.But, is there any statement in the Constitution prohibiting Government regulation of fundamental rights, as some readers assert? Let’s look at a few clauses.

The “Necessary and Proper Clause”

Article 1, Section 8, Clause 18 of the Constitution states in part that Government is “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers. . . .”  This clause would appear to be an express limitation on Government regulation, certainly of the enumerated rights, as set forth in the first eight Amendments, apart from the unenumerated rights referred to in the Ninth  and Tenth. If so, the “necessary and proper clause” does restrain federal Government regulation of the Second Amendment and of other fundamental, enumerated rights of the people.

The “Supremacy Clause”

Article 6, Clause 2 of the Constitution states in part, “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land. . . .”  The “supremacy clause” is essentially an assertion of federal preemption. The idea alluded to is that the Constitution, acts of Congress, and treaties are the Law of the Land and are subordinated to no other laws. But, contrary to some views expressed, the supremacy clause is not an assertion of the sanctity of the Bill of Rights, beyond the power of Congress to regulate. In fact, at least some antifederalists were much concerned about it, fearing the clause would give the federal Government too much power over the States. Yet, it may also be argued, that the supremacy clause implies that the enumerated rights set forth in the Bill of Rights are—since an express part of the Constitution, along with the Articles—well beyond the power of the federal Government to lawfully regulate. In that respect, the supremacy clause serves to contain and restrain Government regulation of the citizenry’s fundamental, enumerated rights.

The “Commerce Clause”

Article 1, Section 8, Clause 3 of the Constitution sets forth the power of Congress “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”  National concealed handgun carry reciprocity does implicate interstate commerce, but whether Congressional power to regulate the carrying of a firearm across State lines amounts to an over-extension of the commerce power, at the expense of the States, will require further review by the U.S. Supreme Court.

What Will Happen When National Concealed Handgun Carry is Passed by the Senate and Signed into Law by the President?

Were the Senate to pass national concealed handgun carry reciprocity and the President sign it into law, it would be an odd thing, indeed, yet possible to see antigun groups and some pro-Second Amendment groups both opposing the law. Yet, both sides could do so, albeit each for its own reasons, both claiming Congress had gone beyond its authority to regulate firearms’ possession.Be that as it may, however this might play out, the Arbalest Quarrel feels that, given the myriad antigun laws already enacted, there would be far more to gain from having this one, at this moment in time, than not. National concealed handgun carry reciprocity would at least serve as a significantly pro-Second Amendment federal law to counter the plethora of State and Federal laws that aren’t. Still, we understand and respect such misgivings some pro-Second Amendment people may have on the matter._________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved. 

ATTENTION ALL LAW-ABIDING GUN OWNERS: NATIONAL CONCEALED HANDGUN CARRY RECIPROCITY IS IN JEOPARDY.

Concealed handgun carry reciprocity is about to die. It is about to die through deliberate inaction or callous indifference of the U.S. Senate. But we have a small window of opportunity: 21 days left to achieve the goal that has eluded us for years. It seemed assured of being accomplished by the Republican controlled 115^th Congress but, it wasn’t.Congress still has time to act before the end of the year, but that does nothing to explain why Congress failed to get this done. It certainly had ample opportunity to do so.

WHAT HAPPENED? WHY DID A REPUBLICAN CONTROLLED CONGRESS FAIL TO FULFILL PRESIDENT TRUMP’S SIGNATURE CAMPAIGN PROMISE?

The House of Representatives and the Senate did introduce several national handgun carry reciprocity bills in the last two years. One such bill was 115 H.R. 38, titled, “Concealed Carry Reciprocity Act of 2017. The bill's synopsis reads: “AN ACT to amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State.” The measure was voted on by the full House, and the Republican controlled House passed the bill, on December 6, 2017, by recorded roll call vote: 231 to 198. The vast majority of House Democrats voted against passage of the bill. Only 6 of 184 Democrats voted for passage of the bill. Contrariwise, the vast majority of House Republicans, 225, voted for passage of the bill; and 14 voted against passage.One day later, on December 7, 2017, the bill was sent to and received by the Senate, where it was read twice, in accordance with Senate protocol, and referred to the Senate Committee on the Judiciary for action. And, then we heard—Nothing! Dead Silence!The bill apparently fell into a deep, dark abyss.Senator Mitch McConnell, who, as Senate Majority Leader, has ultimate authority for determining what bills are voted on by the full Senate, said and did nothing to get the Judiciary Committee to act so that the bill could be voted on by the full Senate.Why didn’t the Judiciary Committee act on this? They certainly could have, but didn’t. And, why didn’t Senator Mitch McConnell urge the Judiciary Committee to action, so the full Senate would have had the opportunity to vote for passage of national concealed handgun carry legislation? We don’t know. He could have seen to this, but didn’t. Senate Republicans who can answer these questions, aren’t saying.Much about this, we don’t know. It is deeply perplexing.

BUT, THIS MUCH WE DO KNOW—

Senator Mitch McConnell can get things done when he wants to. Senator Mitch McConnell was able to get Judge Brett Kavanaugh confirmed as Associate Justice of the U.S. Supreme Court. This wasn’t easy, given the strenuous pushback by Senate Democrats. And the Senator should be commended for his zealous, unflagging effort in that regard. He should be just as zealous in getting national concealed handgun legislation through the full Senate. He certainly could have done so. For some reason, he chose not to. Yet, he still has time to get this done before the 116^th Congress begins its first term, on January 3, 2019, because, at that point, it would be futile. The House will seat a Democratic Party majority; and the Democratic Party leadership's agenda will include the drafting of bills to restrict the right of the people to keep and bear arms, not to strengthen that basic, fundamental, natural, and unalienable rightThe 2016 general election earned us President Donald Trump along with Republican majorities in both Houses of Congress. National Right-to-Carry was in our grasp. The timing couldn’t have been better. This is what law-abiding gun owners wanted, and NRA and other Pro-Second Amendment organizations campaigned vigorously for it. Our once-in-a-lifetime real hope for National Right-to-Carry is now slipping through our fingers.The Senate had over a year to act on the bill, from late 2017, when it first received the bill from the House. But the Senate failed to act.

CAN’T THE SENATE SIMPLY PASS THE BILL NEXT YEAR AND SEND IT ON TO PRESIDENT TRUMP FOR HIS SIGNATURE IN 2019?

NO! IT CANNOT! All pending bills die.“At the end of a two-year session, Congress adjourns 'sine die' or 'without day' and not reconvene until a new Congress starts some time the next January.After that, the slate is wiped clean; there is no business pending. All of the ‘H.R.’ and ‘S.’ numbered titles that have been discussed and debated for the past two years will be archived. When Congress reconvenes, the process starts all over again.” When Congress reconvenes in 2019, House Republicans can reintroduce concealed handgun carry reciprocity but with a Democratic Party House of Representatives majority, the bill would never pass. So, whatever the Senate does in 2019, won’t matter because both Houses of Congress must pass a bill before a bill is sent to the President for his signature, at which point, a bill then becomes the Law of the Land, in accordance with Article 1, Section 7 of the U.S. Constitution.

TIME TO PASS CONCEALED HANDGUN CARRY RECIPROCITY IS OF THE ESSENCE!

There is no time to waste. The Senate is scheduled to adjourn on December 14, 2018. If the Senate fails to pass the bill by emergency roll call vote, we will have lost the only real opportunity to see concealed handgun carry reciprocity through to fruition.And, keep in mind: the Senate’s failure to act on national handgun carry places extreme pressure on President Trump who made this issue one of the signature issues of his campaign for U.S. President. Failure to accomplish this goal can well lead to Trump’s defeat in the general U.S. Presidential election of 2020. We must place the Senate’s feet to the fire.” This is where you can help!

WHAT CAN YOU DO?

IMMEDIATELY CALL:U.S. Senator Chuck Grassley (Chairman of the Judiciary Committee): (202) 224-3744U.S. Senate Majority Leader Mitch McConnell: (202) 224-2541Your Senate Delegation: (202) 224-3121TELL THEM THIS:“The Senate must vote on the Concealed Carry Reciprocity Act of 2017 bill immediately. The bill passed the House on December 6, 2017, almost one year ago, and has since been stalled in the Senate Judiciary Committee. That is unacceptable! We have only a few precious weeks to get this matter completed. The Senate must pass this bill and send it immediately to the President for his signature. President Trump will sign the bill into law, fulfilling an important campaign promise. My continued support for you will depend on your vote to approve this bill.”You should also contact NRA and President Trump, reminding them of their commitment to support national concealed handgun carry reciprocity. The contact numbers are as follows:The White House: (202) 456-1111 or (202) 456-1414National Rifle Association (NRA): (800) 672-3888We must put pressure on those who can get this matter accomplished.Making a few important phone calls will only take a few minutes of your time. It is quick and easy, and critically important to safeguard and strengthen our right to keep and bear arms.What you do can make a difference and you will be proud to have taken an active part in protecting our natural, fundamental, unalienable, and sacred right to safeguard our lives and the lives of those closest to us, with the best means available: a firearm.If you chose to do nothing, you will only have yourself to blame.THIS IS OUR LAST REAL SHOT AT PASSAGE OF SIGNIFICANT PRO-SECOND AMENDMENT LEGISLATION!DON’T HESITATE TO TAKE THE SHOT. YOU WILL REGRET IT BECAUSE IT MAY BE YOUR LAST!__________________________________________________Copyright © 2018 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.

NATIONAL CONCEALED HANDGUN CARRY RECIPROCITY IS THE ANSWER TO INTERNATIONAL ISLAMIC TERRORISM IN THE UNITED STATES.

On January 3, 2017, Richard Hudson, (R-NC), introduced the Concealed Carry Reciprocity Act of 2017 (115 H.R. 38) in the House of Representatives. This Bill, if enacted would allow an individual “who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes.” What is the status of this bill? It languishes in Committee. Nothing is being done on it, but momentum is building across the Country to compel Congress to take action. Antigun politicians are angered and frightened that national concealed handgun carry will become a reality. In response, they create unsound, bogus arguments directed to containing the very possibility of it. Case in point: Manhattan District Attorney Cy Vance, according to an article by Mark Moore, appearing in the June 25, 2017 edition of the New York Post, titled, “DA: I am sure ISIS supports concealed carry reciprocity bill, asserts, ludicrously, that national concealed handgun carry will play into the hands of Islamic terrorists. This is merely a new twist on the favorite tired line of antigun groups—that this Nation has a gun problem—as if to suggest that guns, inanimate objects, are responsible for criminal violence. That idea is not only false, it is imbecilic. Sentient beings are responsible for violence, and it is those beings who engineer violence who are to be constrained, not the implements the perpetrators use to promote and do violence.Of course, as we have seen, most notably, in Europe, but also here at home, Islamic terrorists don’t demonstrate a preference toward any one implement when destroying lives: bombs, knives, axes, gasoline, even trucks and automobiles as well as firearms are used--and often several of these implements in one horrific act of violence have been used--by Islamic terrorists, and with devastating effect against innocent civilians--and against soldiers and against police officers as well.Why are guns singled out as the cause célèbre of violent deeds? The emphasis on guns plays into the tiresome raison d’etre of antigun groups: "get rid of guns," so they say, "and all will be right with the world." That is utter nonsense, of course, but the theme plays out in the remonstrations of politicians and as echoed in the choruses of pundits and journalists of the mainstream media through endless, insufferable iterations—an incessant cacophony of meaningless sound bites.Violent crime is a sad fact of life, but its impact can be minimized. In fact, the impact of violent crime can be and has been minimized by arming, not by disarming the American public, and the impact of violent crime can be further minimized through strict enforcement of criminal penalties against those who inflict pain and suffering on innocent Americans. The latest incarnation of violent crime, international Islamic terrorism, is a special species of violent crime, to be sure, a species of crime that must, of course, be dealt with, and must be dealt with at the highest Government levels.In the U.S., the threat posed by international Islamic terrorism is being dealt with sensibly, rationally, and directly, by the U.S. President, Donald Trump. An armed American citizenry can certainly aid the U.S. President in his efforts.Courts in the Ninth Circuit though disagree. Not content merely to disarm the American public—inhibiting Americans from exercising their natural right of self-defense with the best means available—a firearm—the Courts of the Ninth Circuit have attempted to throw a wrench into the President’s efforts as well—opining, wrongly, that individuals, non-citizens, who reside outside of this Country, have rights secured under the Bill of Rights and that, in effect, the rights of these non-citizens apparently transcend the security of this Nation and the security of its people. Non-citizens residing outside our Country, though, have no rights or liberties under our Bill of Rights and the concerns of non-citizens residing outside our Country do not transcend—will never transcend—the needs and security of the citizens of our own Nation.The U.S. Supreme Court's June 26, 2017 decision is consistent with that principle. The high Court essentially stayed the preliminary injunctions of the U.S. Court of Appeals for the Ninth Circuit, opining that the preliminary injunctions were valid only to the extent that a refugee could establish a bona fide relationship with a person or entity in the United States. Trump v. Int'l Refugee Assistance Project, 2017 U.S. LEXIS 4266. Justice Thomas, joined by Justices Alito and Gorsuch, concurred in part and dissented in part in the unanimous decision of the high Court. In his dissent Justice Thomas stated that he, joined by Justices Alito and Gorsuch, would have granted a full stay of the preliminary injunctions. Justice Thomas stated in pertinent part:"The Government has satisfied the standard for issuing a stay pending certiorari. We have, of course, decided to grant certiorari. . . . And I agree with the Court’s implicit conclusion that the Government has made a strong showing that it is likely to succeed on the merits—that is, that the judgments below will be reversed. The Government has also established that failure to stay the injunctions will cause irreparable harm by interfering with its “compelling need to provide for the Nation’s security.” Finally, weighing the Government’s interest in preserving national security against the hardships caused to respondents by temporary denials of entry into the country, the balance of the equities favors the Government. I would thus grant the Government’s applications for a stay in their entirety."Clearly, the best defense against international Islamic terrorism and the first-line of defense for our Nation is found in an armed citizenry. To paraphrase a statement of NRA Executive Vice President Wayne LaPierre, the best deterrent against a “bad guy with a gun is a good guy with a gun.”  That may seem like a trite slogan, but, time and time again, it has been proved true.The natural right of self-defense should never be restricted and must never be trivialized. Unfortunately, those who hold an irrational hostility toward gun ownership and toward gun possession by the law-abiding citizenry will continue their efforts to constrain the natural right of self-defense. But, they are losing. They are left flailing about, trying to drum up support for their doomed cause: namely, destruction of our Nation’s sacred Second Amendment. The bizarre, irrational statements of antigun proponents, like those of the Manhattan DA, Cy Vance, aptly illustrate the extent of their desperation.The Arbalest Quarrel is a strong supporter of National Concealed Handgun Carry legislation. We provide a strong case for it in our continuing series: “A ROAD TRIP WITH A GUN.” You will find those articles and much more right here, on this website.________________________________________Copyright © 2017 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved