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Second Amendment Defeat; Democrats Defeat the Thune Amendment

July 23, 2009

  I wroe about the Thune amendment and the interesting twist that was about to occur with this legislation here. Dick Durbin and Chuck Shumer were trying to organize a filibuster on this amendment as it seemd to have wide bipartizan support while Harry Reid, who faces an uphill re-election campaign and was scared to death to hand his constituents a second amendment defeat, supported a vote on the amendment.

  In the end a vote was taken on the amendment and Dick Durbin and Chuck Schumer were right about the wide ranging support that this legislation had. The vote was 58-39 in favor of the amendment, but unfortunatly that was two votes short of the sixty needed to pass the amendment. The amendment failed.

  It looks to me as if the big winners here was all three beforementioned Democrats; the bill was defeated, and Dick Durbin and Chuck Schumer voted against is while Harry Reid voted for the amendment. I would guess that the votes were tallied well before the actual vote and this allowed Harry Reid to appear tough on second amendment issues by voting in favor of a bill that he knew would not pass.

  The Thune amendment, in case you are not familiar with it, would have made it easier for a person that holds a concealed carry permit in the state in which he resides to carry his gun into other states.

  Some opponents of the bill sited the 10th amendment (funny how suddenly they care about the constitution) as a reason for their opposition to this amendment. The 10th amendment says that the powers not given to the federal government belong to the individual states, therefor because this amendment would in effect create a federal concealed carry permit the opponents of the Thune amendment find it in violation of the 10th amendment.

  Originally I was torn on this vote. As a person that believes in state’s rights and as a person who believes that the federal government has taken too much power away from the states, and as a person who believes that more power needs to be given back to the states, and as someone who believes that I should be able to carry my weapon anywhere in the United States that I want to  I thought that maybe this was a state’s rights issue and that each state individually should set their own laws for gun ownership. Maybe this bill being defeated was a good thing for the rights of the states.

  But the 10th amendment doesn’t seem as though it should apply here as the 2nd amendment clearly states that my right to keep and bear arms shall not be infringed. By not allowing  law abiding Americans to carry weapons from one state to another isn’t that an infringemnt on the second amendment? Doesn’t this then trump the 10th amendment?

  Gun control advocates won a victory while second amendment advocates were dealt a defeat.

Here is the roll call of how the vote went.

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4 Comments leave one →
  1. July 24, 2009 9:25 am

    You know, I am a bit conflicted on this myself. This is another commerce clause vs. 10th amendment issue. How does the Thune amendment promotes commerce? I don’ think it does. It seems like to me that the purpose of the amendment was to weaken the laws for states that have tough conceal carry. Your argument for the amendment is similar to what I am thinking, I won’t bother repeating it.

    I guess how one views the result is based on what one considers more important: states rights or gun ownership.


    • July 25, 2009 5:13 am

      “I guess how one views the result is based on what one considers more important: states rights or gun ownership.”

      That is why I am so conflicted on this. While I have been thinking to myself for months that a person should be able to carry outside of his state I have always come back to the states rights argument but then this amendment came along and I was hoping it would pass while part of me realized the hypocrisy.


  2. July 24, 2009 5:14 pm

    Well put. Too bad it didn’t pass though. If you are licensed to carry you shouldn’t have to worry about what city/county/state you are in, in my opinion. Criminals sure don’t.


    • July 25, 2009 5:15 am

      That’s the thing. Suppose I go target shooting and I want to do something quickly in another state before I go home. I can’t legally do that? It seems that there should be some law to protect that type of circumstance at least.


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