COMMERCE IN ARMS

(The following was published by the Richmond Times-Dispatch December 27, 2014:)

Regarding Barton Hinkle's December 21 column about Governor McAuliffe's alleged "misinformation" about gun owners' rights, I would like to offer these observations.

I am not necessarily in favor of all of Governor McAuliffe's proposals, but most do not violate constitutional rights.  As a gun owner, I am a firm supporter of the 2d Amendment's recognition of an unqualified personal "right ... to "keep and bear Arms."  However, Hinkle's embrace of the National Rifle Association's warped expansion of gun "rights" is plainly wrong.  Hinkle enumerates proposals by Governor McAuliffe that, with one exception, deal ONLY with gun commerce and concealed-weapons permits.  The 2d Amendment does, indeed, protect one's right to "keep and bear Arms" already owned, but it does not protect any right to buy or sell arms nor to carry them concealed.  Concealed-carry is a conditional privilege that is controlled via government permits.  There is no "right" to concealed-carry stated in the 2d Amendment.  One may only "bear" arms, presumably openly.  

As far as I know, there is no intrastate commercial activity that is not subject to control by state governments.  Congress clearly has the power to "regulate [interstate] Commerce" in the Constitution, with no exception for arms.  Commerce has been a particular justification for governmental regulation down through the ages.  It is ludicrous to suggest that governments in the US may regulate most any aspect of commerce OTHER THAN in arms.

The one exception cited by Hinkle has to do with banning arms possession by those under protective orders.  That makes very good sense, I think, but I question the constitutionality of such a general ban.  I would agree that such a ban could be imposed by a court as a condition of release on bond or following a conviction for any violent crime, but that would be a case-by-case (literally) judicial application, not a blanket ban.

Governments are obliged to adopt and enforce their laws pursuant to the right of "equal protection" under the 14th Amendment, but other than that, they are free to regulate by law commerce and concealed-carry any way desired.  The 2d Amendment is silent as to commercial transactions.  The NRA has done a terrible disservice, threatening the rights of us gun owners, by willfully confusing the matter.