Guns, Gays and Constitutional Horse Trading

It's not easy being a Second Amendment advocate living in a liberal town. The presumption is that if I believe in the right to lawful armed self-defense, I must also hold views normally associated with the far right such as opposition to gay marriage or abortion. Some might be surprised.

For example, let's discuss the 14th Amendment to the U.S. Constitution in the context of gay marriage. It reads in part "... No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; ... nor deny to any person within its jurisdiction the equal protection of the laws."  Equal protection is a fundamental tenet of classic liberalism. Thus it is argued by gay rights advocates that the Constitution precludes any laws which discriminate against homosexuals and by extension, any prohibitions against or failure to recognize gay marriage are unconstitutional.

As a Conservative/Libertarian, I agree to accept this is as a valid argument. The government should have no business telling citizens who they can marry or with whom they can associate. If everyone's rights are to be protected, so too must homosexual's rights under the equal protection clause of the 14th Amendment and their marriages formally recognized throughout the 50 states, with penalties for any abridgements by persons or the state thereof. As a compromise with Ultra Conservatives, I would call it a civil union but with the same rights and privileges as a heterosexual marriage.

If you think about it dispassionately, this argument parallels precisely those made by supporters of the Second Amendment who feel equally as strong that carrying of firearms for personal self-defense is an inalienable right, recognized (not granted) by the Constitution. Thus I would argue that a carry permit issued in one state should be recognized in all states, including New Jersey. In fact, I would also argue that no permit, and certainly no fees, should be required for the exercise of a fundamental recognized Constitutional right. Wouldn't most people object if they were required to obtain a license and pay a fee for the right to free speech or to pray, or if these rights could be nullified by government fiat?

The question whether the right to keep (own) and bear (carry) arms (not just guns) is predicated on service within the militia was recently answered by the Supreme Court. See the landmark case District of Columbia vs. Heller. The court correctly concluded the right to self defense is individual. I was crazy enough to sleep on the street in front of the Supreme Court building for 23 hours in a lawn chair to be number sixth in line for oral arguments. In the accompanying photo, I am wearing the beige Patagonia jacket made with recycled fibers so you see it is also possible to be a gun owner and green at the same time.

I support equal protection under the law for ALL citizens of the United States, including gay and armed. I want more rights for everyone, not less. And some gays agree with me too.

So here is an offer to my liberal Maplewoodians. I will horse trade you gay marriage for national reciprocity of open or concealed carry of firearms. Deal?

Matt Carmel owns Constitution Arms in Maplewood, a federally and state licensed firearms dealer. He offers NRA certified handgun safety classes and has designed and will be marketing the Palm Pistol, a self-defense handgun for seniors, disabled and others with limited hand strength or manual dexterity. He is a Conservative/Libertarian who believes that gadflies are needed to affect social change.