I think there are plenty of good libertarian arguments for why the “Parking Lot” bills pushed by the National Rifle Association elevate one freedom over the expense of others, but I’m not sure these arguments here are among them. The author also seems to make a bizarre case against the Katrina language in the bill:
The National Rifle Association claims that the new law will ” … prevent state or local government authorities from confiscating lawfully owned firearms during declared states of emergency, such as occurred in New Orleans following Hurricane Katrina.”
Really? By what authority did government ever confiscate guns? Do new laws protect constitutions? From who?
They had no lawful authority, but don’t you think it makes sense to have a legal recourse available for addressing such illegal action that doesn’t involve expensive and lengthy federal civil rights lawsuits? It’s a nice idea that the constitution is self-enforcing, but sorry, I don’t want to live in a world where all I have is a promise from public officials.
Read our state and federal constitutions and you’ll find that not even courts were given any power over constitutions. Both are clear and regarding an individual’s right to bear arms.
Ah, now we’re told to read the constitution, which the author has read and clearly understood, unlike the rest of us rubes. One wonders what he thinks “judicial Power of the United States” over “all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States,” means if Marbury v. Madison was wrong? I’m completely open to libertarian arguments against the “parking lot” language in the bill, but simplistic arguments that the constitution is somehow self-enforcing is weak, at best.
Andrew Horning, an adjunct scholar of the Indiana Policy Review Foundation, was the Libertarian candidate for governor in 2008.
I guess I should have skipped ahead to the end. This explains everything.