Thursday, July 3, 2014

Open Carry Gun Rights

Apparently it is Constitutional to openly carry firearms.  So here is my question: May a business prohibit you from openly carrying your firearm into their place of business?  May a business prohibit you from carrying a firearm into their place of business at all?  Prohibit you LEGALLY?  The answer is remarkably simple: yes and yes.

The 2nd Amendment prevents Congress – and the federal government and state and local governments – from infringing your right to keep and bear firearms.  It does nothing to prevent a private entity from prohibiting you from entering its privately owned space.  The private entity makes up its own rules as to who may enter and who may not and – except rarely (as in cases of discrimination) – may enforce those prohibitions.

Here’s the rub though.  By the above, it would seem that your right to bear should allow you to bear arms into government buildings, right?   Hmmm.  Not so quick, Charlie!  Logic may be on your side, but you will have to sue.  And don’t bet that logic and rights will help you to win your case.

Every now and again, common sense needs to trump what someone thinks is Constitutional.  Not often enough if you ask me.

If someone can find an official and somewhat comprehensive list of companies on one side of this “issue” or another, please let me know.  I will publish a link to it, to the delight of all those on either side of this issue.