Teaching the Anti-Gunners to Tolerate Guns

On Monday, I had a post entitled I am not holding my breath speculating on the thought that a Trump administration might pass and sign nationwide concealed carry. Today, at Bearing Arms Ryan Petty has an article entitled National Constitutional Carry: The Second Amendment As Written that takes it a step further and to the ultimate goal of Constitutional Carry nationwide. Of course, the full Second Amendment would require not only that anyone who could legally own a weapon could carry it anywhere within the jurisdiction of the United States, but that we could also own and train with the same weapons used by the military. That is because one purpose of the Second Amendment was that all men* were to be part of the militia. I like it, but there are a number of hurdles, some of which Petty outlined.

1. Building a Majority in Congress

A bill to establish national Constitutional Carry would need a simple majority in both the House and Senate. With a slim Republican majority in the House and the Senate split nearly evenly, every vote counts. This means we’d need unwavering support from pro-Second Amendment legislators and likely a few Democrats from swing states to cross the aisle. While possible, the current hyper-partisan climate makes bipartisan support on gun rights a tall order.

2. Overcoming the Filibuster in the Senate

Even if a majority in the Senate supports Constitutional Carry, the filibuster rule remains a formidable obstacle. To overcome a filibuster, 60 votes are required to invoke cloture and move the bill to a vote. This means securing support from at least 9 Democratic or independent senators—a nearly Herculean task given the Democratic Party’s current stance on gun control.

3. Presidential Support

Assuming a hypothetical Trump administration or another pro-Second Amendment president in office, the likelihood of signing such legislation into law would be high. However, any hint of executive hesitation would embolden opposition, so strong presidential backing is non-negotiable. As I've written elsewhere, and discussed on Cam & Company, a key step would be to remake the Biden administration's White House Office of Gun Violence Prevention.

4. Litigation and Judicial Review

Even if passed, expect immediate legal challenges. States with restrictive gun laws—like California, New York, and Illinois—would likely sue to block the legislation. This would eventually land before the Supreme Court, which, fortunately, is currently aligned favorably toward a robust interpretation of the Second Amendment. The Bruen decision provides a solid legal foundation to defend such a law.

Petty out that Constitutional Carry is already the law of the land. He is correct, of course. The problem is that too many don't treat it that way. They treat it as a second or third rate right that can be infringed at will. That is an even longer process.

* At the founding, only men fought in wars.  That doesn't mean women weren't important.  They were expected to keep and manage the home and raise the children - no small task.