By Dean Weingarten
When liberal fascists say that they have the right to regulate something, they mean they have the power to ban it. This has been shown over and over again in the field of firearms legislation. The people of Texas removed the reconstruction era governor by force after he refused to abide by election results. Then, in the new state constitution of 1876 they restored the right to keep and bear arms that had been gutted by the carpet bagger constitution of 1869. Unfortunately, they left in a legislative loophole . . .
Every citizen shall have the right to keep and bear arms in the lawful defence of himself or the State; but the Legislature shall have power by law to regulate the wearing of arms, with a view to prevent crime.
An ordinary person would think that the legislature would have the authority to say that pistols had to be carried in holsters, or perhaps that they had to be carried openly. But the legislature elected after the constitutional convention simply kept in place the carpetbagger law that prevented the open carry of pistols or knives nearly everywhere. It made it easy to disarm freed slaves…or just about anyone else a local government wanted to.
In Mississippi, a ban on the carrying of concealed weapons was interpreted to mean a ban on all carrying of weapons. Now, in Kansas, the legislature recently removed a ban on the open carry of handguns, but left in place a clause that allows local governments to regulate the manner of openly carry, as quoted below:
(a) No city or county shall adopt any ordinance, resolution or regulation, and no agent of any city or county shall take any administrative action, governing the purchase, transfer, ownership, storage or transporting of firearms or ammunition, or any component or combination thereof. Except as provided in subsection (b) of this section and subsection (b) of K.S.A. 75-7c10, and amendments thereto, any such ordinance, resolution or regulation adopted prior to the effective date of this 2007 act shall be null and void.
(b) Nothing in this section shall: … (2) prohibit a city or county from regulating the manner of openly carrying a loaded firearm on one’s person; or in the immediate control of a person, not licensed or recognized under the personal and family protection act while on property open to the public.
For some reason, the Kansas City suburb of Prairie Village doesn’t believe that Kansas’s law applies to their regulation:
The City has received a lawsuit challenging the sections of the City Code that prohibit the open carry of loaded firearms in public places. The lawsuit alleges that the City Code is in conflict with the Kansas Constitution and a Kansas Statute. The Mayor and City Council do not believe that the City Code violates the Kansas Constitution or the Kansas Statutes.
The City prohibits the open carry of loaded firearms in public places such as parks, streets, sidewalks and city buildings. The City does not restrict open carry of legal firearms on private property such as a person’s residence or fixed place of business. The restrictions specific to open carry do not apply to any person carrying a concealed weapon as authorized by Kansas Statutes.
I don’t believe that the mayor and city council of the Prairie Village are actually illiterate. They’re simply inebriated with power and are unwilling to abide by the state law as it’s written. It’s not totally unreasonable for them to believe so, as they have been able to abrogate the state and federal constitutions for decades without any serious repercussions. It was the Kansas Supreme Court, after all, that initiated the “progressive” mythology that the Second Amendment was only a “collective right” in their 1905 decision Salina v. Blaksley.
What this demonstrates is that the battle to maintain liberties is continual and any reduction of those liberties will be used as a base to further reduce them. If Kansans had removed those Supreme Court justices in 1906 when they created the “collective right” myth out of whole cloth, our history would be considerably different.
Many have noted that the loss of liberty comes in small, almost undetectable steps. So-called progressives have used this to their advantage for decades. Now is the time to roll back those steps and to restore Constitutional liberties, city by city, state by state, and finally, through repeal of federal legislation.
©2013 Dean Weingarten publishes the Gun Watch blog: Permission to share is granted when this notice is included.