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NY-Sen: Thune Amendment Defeated; Gillibrand Speaks

by: robert.harding

Wed Jul 22, 2009 at 16:07:41 PM EDT


With guns at the forefront of a debate on the Senate floor, Sen. Kirsten Gillibrand used her time to discuss why she opposed the much-talked about Thune Amendment.

The Thune Amendment, which Sen. John Thune (R-SD) tried to slip into the defense spending bill, would have allowed individuals who are licensed to carry concealed weapons to carry those same weapons in other states that allow for the possession of such weapons.

The amendment came close to passing, with 58 senators voting for the amendment, including a number of Democrats. However, the 39 senators who voted against the amendment kept it from passing. Among those 39 were both of New York's senators - Gillibrand and Sen. Chuck Schumer.

You can watch Sen. Gillibrand deliver her remarks on the Senate floor. Gillibrand also issued a statement praising the rejection of the amendment.

"Over the last several days I have been urging my colleagues to oppose this harmful measure and side in favor of law enforcement and state's rights.

"It is simply wrong for the federal government to overrule a state's ability to enact reasonable, constitutional gun laws designed to prevent criminals and other violent and dangerous persons from carrying guns in city streets.  

"This legislation would have posed a serious public safety risk to New York and states around the country, and I am pleased that our colleagues have taken the right course and voted to defeat this amendment."

What this amendment intended to do, while being touted as pro-gun legislation, was very anti-state and anti-Constitution. It is one thing to provide your citizens with the right to bear arms. It is another to tell states that they must allow those who are licensed to carry concealed weapons in their state even if that particular state didn't license the individual. Keep in mind that some states gun registration rules are stricter than others. So such an amendment would have taken a lot away from the states.

Sen. Gillibrand (and Sen. Schumer) made the argument against the amendment. This amendment, despite its bi-partisan support, should not have been passed. It is good to see both of our senators on the right side of the issue.

robert.harding :: NY-Sen: Thune Amendment Defeated; Gillibrand Speaks
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I tend to disagree here. (0.00 / 0)
The full faith and credit clause specifically assigns Congress the power to define how the judicial acts of a state are recognized by another state, including mandating such recognition. I can get married in New York, get a driver's license, even get arrested, and all of those things are still operative in Iowa or California. Not the case if I got a pistol permit.  

But It Doesn't Apply To Other Provisions (0.00 / 0)
Yes, Full Faith and Credit applies to some judicial acts. But a having a liquor permit in one state doesn't mean one can sell liquor in every state. Nor, would I think, would permission to use marijuana for a medical condition a state that allows such use require another state without such a law to permit its use, or even in states that do permit its use.

Not to pick on Adama, but I never understood the use of the phrase "I tend to disagree." It sure seem that people using that phrase just, well, disagree!


[ Parent ]
As DSimon points out... (0.00 / 0)
There are plenty of things that you can get licensed for in one state that don't apply in other states (or any other state). A license to carry a concealed weapon is one of them.

And as I pointed out, there are states who have more relaxed means of gun control than others, so what one state does is different than what other states do.


[ Parent ]
Yeah. I'd accept the Florida permit... (0.00 / 0)
...apparently Florida permits actually require you to take lessons in gun safety and handling.  That permit, I'd reciprocally accept.

This is not true in most states.  Many grant permits to dangerous incompetents.


[ Parent ]
The Law Would Be Unnecessary Otherwise (0.00 / 0)
robert.harding: There are plenty of things that you can get licensed for in one state that don't apply in other states (or any other state). A license to carry a concealed weapon is one of them.

If it were one of them, then the proposed federal law would be redundant. (Not that that hasn't stopped Congress from passing federal laws affirming rights already protected by the constitution before.)  


[ Parent ]
Not only am I please with her vote... (0.00 / 0)
...she laid out a compelling argument against it. I don't think she'll be keeping that A+ rating from the NRA for long now.  

The theme... (0.00 / 0)
Of that botched NRSC attack was Gillibrand's stance on guns and her position against the Thune Amendment. The NRSC tried to use the NRA rating against her, but not only did that fail, but the whole attack failed.


[ Parent ]
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