Gun Control & RKBA
Related: About this forumHonest Question: If Voter ID is unconstitutional are CCW licenses/FOIDs also unconstitutional?
PREMISEIf 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?
safeinOhio
(32,677 posts)it's in the constitution.
Nuclear Unicorn
(19,497 posts)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)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.
safeinOhio
(32,677 posts)being in a militia. That makes it different than all others.
Nuclear Unicorn
(19,497 posts)JohnnyRingo
(18,628 posts)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)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)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.
truebrit71
(20,805 posts)CCW = Yes
FOID = No
stone space
(6,498 posts)...the Bank of America.