Maryland House Democrats introduced a controversial gun safety bill requiring gun owners to forfeit their ability to wear or carry without firearm liability insurance.
Introduced by Del. Terri Hill, D-Howard County, the legislation would prohibit the “wear or carry” of a gun anywhere in the state unless the individual has obtained a liability insurance policy of at least $300,000.
"A person may not wear or carry a firearm unless the person has obtained and it covered by liability insurance issued by an insurer authorized to do business in the State under the Insurance Article to cover claims for property damage, bodily injury, or death arising from an accident resulting from the person’s use or storage of a firearm or up to $300,000 for damages arising from the same incident, in addition to interest and costs,” the proposed Maryland legislation reads.
So, let me see if I’ve got this right.
Maryland wants to have a privately-enforced tax on the exercise of a constitutional right. Do I have that more or less correct? Perhaps you could also have a requirement that all religious congregations or any kind have a $1B policy in case there is sexual misconduct by a member of the congregation?
Do I have that more or less correct?
Only if you believe it’s an individual right, which you can’t without ignoring half the amendment that creates it.
Well, yeah, actually I can, because of the history surrounding that text, and what it meant when it was written.
The part you are conveniently ignoring is the body of the constitution prior to the bill of rights that gives congress the power to raise an army, and to equip that army. If congress already has the power to raise an army/militia and provide arms for them, then why would you need an amendment saying that congress can’t pass laws to prevent itself from arming an army? (For your reference that is Article 1, Section 8: “The Congress shall have Power … To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years …To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions … To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”
Moreover, when you look at the bill of rights, all of the rights are pertaining to individual people (or people and states, in the case of 10A). It’s pretty clear that the freedom of the press isn’t a collective right, but one that is an individual right.
Beyond that, you need to understand what they meant by militia; the militia was every able-bodied male below about 50 (not sure on the exact age cutoffs); in many cases they were legally obligated to provide their own arms (despite the constitution saying that the gov’t could pay for them), those arms were required to be militarily useful, and they were required to train both on their own and with other members of the militia.
Yawn. I’ve heard those arguments before and they’re all what I categorize as mental gymnastics.
