Are non-constitutional carry States in violation of the United States Constitution? If yes, what is the remedy for citizens of said states?
COTUS per se frames and delimits the power of the national government of the United States. It is only through subsequent jurisprudence that it has any effect on the sovereign states.
The best hint is in the First Amendment's prefatory clause, "Congress shall make no law ... " The effect of the constitution would be clearer if all of its limits were prefaced so.
Are non-constitutional carry States in violation of the United States Constitution?
If yes, what is the remedy for citizens of said states?
Get involved in the political process - change the laws.
Begs the question.. There are six states, New York, New Jersey, California, Maryland, Minnesota and Iowa, all six states are truly anti gun states.
All six have no 'Right to keep an bear arms amendment" in their respective state constitution. Think of that for a minute, no right to keep and bear arms in their constitution.. In my humble opinion each state is clearly in defiance of the Bill of Rights and in violation of the Supremacy Clause of the United States Constitution article VI clause 2.. Therefore begs the question, are these anti 2nd amendment states violating the Supreme law of the land? And would a Federal Court rule that said state constitutions are null and void?...
Thoughts and opinions most welcome.
interesting perspective but how would a grassroot entity push that per se?