"Right" vs "Privilege"

In less than three weeks the US Supreme Court will hear oral arguments in the case of McDonald v City of Chicago.  The court will decide if the Second Amendment which states: "...the right of the people to keep and bear arms shall not be infringed." applies to the various states and local governments. In 2008 the court held that the plain language of the Second Amendment applies to the District of Columbia which like Chicago had ordinances effectively prohibiting the possession of firearms in its jurisdiction. The odds are that the Chicago law will be struck down as unconstitutional under the Fourteenth Amendment.

The decision will doubtless impact many restrictive gun laws in multiple states. A case in point is the (idiotic?) law in California (section 12031 (a) (1) of the penal code)  which prohibits the carrying without a concealed carry permit of a loaded firearm in any incorporated city or designated area in the unincorporated area of any county. The law as interpreted by California courts allows the carrying of a concealable firearm in those prohibited areas if it is "unloaded". Of course All schools and public buildings are "gun free" zones.

One can imagine the confusing situation faced by a non permitted citizen who wishes to exercise his second Amendment "right" under these Byzantine laws, especially when sheriffs and police chiefs routinely refuse the issuance of concealed carry permits to all but a favored class of applicants.

Recently a group of California residents protesting this situation has begun to openly carry their hand guns in various venues such as Starbucks coffee shops in the Bay area. The response of some police personnel to these protests is about what one could expect of members of a class whose monopoly of certain "rights" is threatened as is illustrated by the following exchange discussing a legal instance of open carry on the face book threads of one officer Tauson:

"Haha, we had one guy last week try to do it!"...""He got proned out and reminded where he was at and that turds will jack him for his gun in a heartbeat!..."Sounds like you had someone practicing their 2nd amendment rights last night!" Tuason wrote. "Should've pulled the AR out and prone them all out! And if one of them makes a furtive movement ... 2 weeks off!!!"

The two weeks off (with pay of course) refers to the internal shooting investigation period.

I have a question for those who allege that law abiding citizens have certain "rights" guaranteed by the Constitution: does one need a permit to exercise a right? If you, dear reader, believe that a permit is only required for a privilege you would be in error.

The Supreme Court will hand down its ruling before the June adjournment. We are breathlessly awaiting the determination of at least 5 of our black robed demigods. Any bets on the voting alignment?

ΜΟΛΩΝ ΛΑΒΕ