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Nuclear Unicorn

(19,497 posts)
Thu May 1, 2014, 09:57 AM May 2014

Honest Question: If Voter ID is unconstitutional are CCW licenses/FOIDs also unconstitutional?

PREMISE

If I'm not mistaken the reason VID is unconstitutional -- thus far -- is the burden it places on the citizen to exercise their inherent right to participate in the governance of their society. Even when some governments enacting such laws do so at no cost to the voter the courts have ruled that the time and effort required to obtain such an ID is considered unduly onerous.

A recent court decision has also ruled that local and state governments must, at a minimum, allow either open or concealed carry; they cannot restrict both simultaneously because doing so creates a de facto prohibition against the right to bear arms.

However, and I speak only to the county where I live, it costs upwards of $100 to obtain a concealed carry permit. Yet, in some municipalities where I live it is illegal to open carry. Ergo, anyone seeking to exercise their court-affirmed rights must pay at least $100 to do so (Which is bunk because the government services for the database and attending searches have already been funded).

The usual case for FOIDs is that they give authorities (thpppft!) the ability to -- do something. Like micro-stamping, I'd be curious to know how many crimes have been solved through tracing a CCW/FOID. While I'm in favor of keeping felons and people similarly adjudicated from purchasing firearms, I'm not sure what an after-purchase form of ID accomplishes vis-a-vis law enforcement. Police responding to an incident have more immediate forms of ID to determine if a person is in lawful possession of a firearm. Add to this the fact that licensing fees can be prohibitively expensive seems to be a thing only those vested in The System, LLC could appreciate.

I understand that responsible gun owners offer compromises -- the CCW being one of them -- and that is, in principle, a good thing.



QUESTION

Should there be no costs associated for obtaining a CCW/FOID because it is the exercise of a inherent right?
13 replies = new reply since forum marked as read
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Honest Question: If Voter ID is unconstitutional are CCW licenses/FOIDs also unconstitutional? (Original Post) Nuclear Unicorn May 2014 OP
Free guns for everyone safeinOhio May 2014 #1
Where did you get that out of the OP? Nuclear Unicorn May 2014 #2
Churches need building permits just like everyone else. mn9driver May 2014 #3
Constitution connects only one right to safeinOhio May 2014 #4
I'm sorry but I honestly don't understand your comment. Please expound. nt Nuclear Unicorn May 2014 #8
Personally, I think CCW permits are perfectly just. JohnnyRingo May 2014 #5
We have different reasons why voter ID is "bad." ZombieHorde May 2014 #6
United States citizens have the right to vote rrneck May 2014 #7
My two cents.. truebrit71 May 2014 #9
Guns are people too, my friends. And guns have civil rights just like you, me, and... stone space May 2014 #10
Once again, you manage to make no sense whatsoever. (NT) blueridge3210 May 2014 #11
Au contraire, they make as much sense as most antigun arguments seen here... friendly_iconoclast May 2014 #12
I wonder it that is a bug or a design feature? (NT) blueridge3210 May 2014 #13

Nuclear Unicorn

(19,497 posts)
2. Where did you get that out of the OP?
Thu May 1, 2014, 10:25 AM
May 2014

People have a right to worship. They must pay for their own churches. People have a right to read what they want. They must pay for their books and newspapers.

However, poll taxes are unconstitutional. Churches, newspapers and political activities are not taxed.

mn9driver

(4,425 posts)
3. Churches need building permits just like everyone else.
Thu May 1, 2014, 10:53 AM
May 2014

I've seen several denied in my area. They also must comply with fire regulations and most employment regulations. In short their freedom of worship ends at the point that it impacts the rights of their neighbors, and at the point where it impacts the safety and health of their worshipers.

As an example, snake handling is a religious practice, but it is illegal in most places.

JohnnyRingo

(18,628 posts)
5. Personally, I think CCW permits are perfectly just.
Thu May 1, 2014, 11:13 AM
May 2014

As much as everyone in the US has the right to own a Ferarri, nobody has the constitutional right to drive one. Requiring a fee and background check based permit to carry a concealed sidearm in public doesn't preclude one's right to own, or even bear, a firearm in my opinion.

I grew up around guns, and currently own a few nice Colts and a .22 Smith, but calling for unrestricted concealed carry is a losing argument in my view. I don't have, or need, a CCW BTW. If I have to take a pistol with me to the abandoned house I unfortunately own, for example, I just do so. Twenty years ago I wouldn't have even considered asking the state's permission, and I still don't.

I hate to get too sidetracked on the issue, but I have friends who just had to get the permit here in Ohio, and I've come to view it as a fad among many people who didn't find an interest in firearms until their friends showed up with a new pistol that they know very little about. That's been my observation in the last few years at least, and I'm surprised I don't have more friends with one testicle from constantly holstering and unholstering their "concealed" weapon. I've never mentioned it to them, but I get upset when they bring one into my house without asking as well. I can protect them while they're here, and I shouldn't even have to know they have it, but they can't seem to help themselves.

I'm sorry for that mini-rant, but it's been something that's been bothering me for a while, and I seldom discuss it with anyone. Back to your argument, I see your point that some municipalities require buying a permit because open carry is illegal, but calling it unconstitutional is a tough battle indeed, as you still have the right to defend your home and property. It's an interesting legal angle and food for thought though.

ZombieHorde

(29,047 posts)
6. We have different reasons why voter ID is "bad."
Thu May 1, 2014, 11:43 AM
May 2014

The legal complaint I have heard is based around the idea of a voting tax, which is a big no no in the US. Since IDs cost money, making them mandatory is viewed as a type of tax by many people.

rrneck

(17,671 posts)
7. United States citizens have the right to vote
Thu May 1, 2014, 11:48 AM
May 2014

by virtue of citizenship whether they are competent to vote or not. An FOID card verifies competence to engage in a constitutionally protected activity that could have deleterious effects on those around you.

I don't think there are any constitutional prohibitions against verifying someones eligibility to vote, but that process should not be unduly onerous. That's when it becomes a poll tax. At the same time, the process to exercise the right to keep and bear arms should not be unduly onerous as well. May issue laws, exorbitant fees, confusing and contradictory laws would be good examples.

 

stone space

(6,498 posts)
10. Guns are people too, my friends. And guns have civil rights just like you, me, and...
Wed May 7, 2014, 06:15 PM
May 2014

...the Bank of America.

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