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Sunday, August 24, 2008
Steve Chapman :: Townhall.com Columnist
Gun "Rights" Vs. Freedom
by Steve Chapman
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Supporters of the right to keep and bear arms have long recognized the value of firearms for the defense of life, liberty and property. But in Florida, a perverse conception of the 2nd Amendment has produced the opposite effect: The cause of gun rights is being used to attack property rights.

In 1987, Florida wisely affirmed personal freedom by letting law-abiding citizens get permits to carry concealed weapons. But this year, the legislature decided it was not enough to let licensees pack in public places. They also should be allowed to take their guns into private venues -- even if the property owner objects.

The "take your guns to work" law says anyone with a conceal-carry permit has a legal right to keep his gun locked in his car in the company parking lot. Until recently, companies had the authority to make the rules on their own premises. But when it comes to guns, that freedom is defunct.

The National Rifle Association says any corporation that forbids firearms in its parking areas is violating the 2nd Amendment. That may sound like a promising argument, since the Supreme Court recently struck down a Washington, D.C., handgun ban as an infringement on the constitutional guarantee. It's not.

Robert Levy, the Cato Institute lawyer who participated in the successful challenge of the Washington ordinance, says the Florida law "has nothing to do with the 2nd Amendment." The Constitution, he notes, is a limit on government power, not a constraint on what private individuals or corporations may do.

A municipal government may not forbid guns to everyone on the territory under its control. But, as far as the Constitution is concerned, a private property owner certainly can.

A federal court recently upheld the law, but not because of the Bill of Rights. It said that "the constitutional right to bear arms restricts the actions of only the federal or state governments or their subdivisions, not private actors," and noted that the NRA "has been unable to cite any authority for its position."

So the law doesn't uphold gun rights. What it does do is infringe on property rights. The Florida Chamber of Commerce makes the obvious argument that there is no right "to have a gun in your car on someone else's property" (my emphasis). But the law tells company owners they have no control over workers who insist on bringing deadly weapons onto their premises. Continued...

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About The Author
Steve Chapman is a columnist and editorial writer for the Chicago Tribune.
 
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Prohibit guns?
The second amendment is written for ALL situations. The state has no right to prohibit it. It plainly says in the constitution that any law NOT specified by the constitution is left to the states. This one has been defined quite clearly in the second amendment and this law is CARDINAL!!
An establishment where there are two or three employees, and necessarily in contact with the owner daily, maybe should be able to prohibit firearms but a company parking lot is not exactly private. With, say, 200 cars in the lot, it sounds decidedly public to me!!
Before right to carry laws you were legally bound to not carry a weapon anywhere but some nuts DID and shot company officers. Do they really think their situation is any different now?? How about the fairly recent university slaughter? It was illegal to carry weapons on that campus. So, WHAT HAPPENED?? It didn't stop the slaughter. And the ability of an employer to prohibit carrying your weapon in your car is just as worthy.Right to carry personel are very discriminating about their. They have a much better record of not shooting innocents, in any shooting occurence, than the police. Would you think barring the police to carry their weapon on your property should be allowed?? Safety wise, by comparison, you should if you are THAT much concerned about safety. So, safety isn't really their argument regardless of just what they say, so what is?? Any ideas??

Addendum to prior post
I left out an explanatory word in my prior post, so I will correct that here.

Where I wrote "new property owners", it should have read "new nearby property owners".
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