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Sunday, January 24, 2010

Rights vs. Privileges

We accept the idea that we need permits without even thinking about it. To drive a car, you need a license. To have a business, you need a business license. To carry a firearm you need a permit. The list goes on and on. On one hand, it seems to make sense that a permit or some kind of license should be required for certain things. After all, if your going to drive a piece of heavy equipment around, you should demonstrate you know what your doing right? To drive a car, it seems reasonable to expect a person to demonstrate they know some commonly established rules of conduct to follow when driving a car. Of course, that's the idea behind the Concealed Carry Permit requirement most states impose on residence that want to have their emergency equipment ready and close by in the event they get caught in the wrong place at the wrong time. So why do some people get all fired up when it comes to the idea of requiring a permit to own or carry a firearm?
 
In my view it's reasonable to require someone to meet a certain standard in order to carry a firearm. Personally, I like the idea of most people having the right and capability to defend themselves as well as others (potentially) if and when things go bad. But I also think it's a good idea for those same people to demonstrate a reasonable level of competency when it comes to handling something that, if misused through ignorance or incompetence can maim or kill another (think car, gun, forklift, airplane, etc.).  On the same token, I think the standard of compliance, duration of certification, and general acceptance of the certification that someone has demonstrated the "right stuff" when it comes to a particular permit should be equal to other forms of accepted certification. That was a little confusing so let me clarify what I mean:

When I obtained my drivers' license, I had to demonstrate my knowledge of the traffic laws, rules of the road, and how to drive safely, Once in my life for sure. I took the driver's test when I turned 16 and got my license. Since then it's been a pretty much automatic renewal, with no re-testing of my knowledge, even though some traffic laws have changed. I am a safe driver as demonstrated by my record so it's reasonable to renew my license every 10 or so years (I think). Now no matter what state I travel to, my driver's license is accepted as proof that I know what I'm doing and can "legally" operate a vehicle in that state.

Now we get to Concealed Carry Permits. Why in the world are these treated the same way as a drivers' license? Somehow a gun is considered more dangerous than a car. Clearly the statistics show otherwise. It's true that car's are not designed to kill people, but in many cases they are the weapon of choice for some nut jobs who are hell bent on racking up a body count for some whacked out reason. Just imagine with me for a moment, if CCW's were treated like a drivers license is:


When I obtained my CCW, I  had to demonstrate my knowledge of the proper firearms handling, laws for when I can and cannot carry, and when it's legal to use my firearm for sport, hunting, practice and self defense, Once in my life for sure. I took the CCW test, had a federal background check to make sure I was a Good Guy (TM)  and got my license. Since then it's been a pretty much automatic renewal, with no re-testing of my knowledge, even though some traffic laws have changed. I am a safe firearms owner as demonstrated by my record so it's reasonable to renew my license every 10 or so years (I think). Now no matter what state I travel to, my CCW is accepted as proof that I know what I'm doing and can "legally" carry a gun in that state.


So what's different between a driver's license and a license to carry a firearm? Well...the constitution doesn't guarantee my right to drive, but it does guarantee my right to own a firearm. Maybe not carry it, but certainty to own it.

Now imagine for a moment if you had to have a permit to say something. Clearly the first amendment allows us "freedom of speech" and we don't need a permit to exercise that right...or do we? Clearly a threat spoken about certain people is considered a felony. Hate speech is against the law...but what is it exactly? Yelling "fire" in a movie theater is illegal..unless there's really a fire.

At what point will you need a permit to exercise other rights like "the right to remain silent" or "the right of protection against illegal search and seizure" or even "the right to life, liberty and the pursuit of happiness"?

Something to think about...

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