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Old November 3, 2010, 09:13 AM   #34
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 7,002
Some thoughts on the issue of training

A couple of things occurred to me on the issue of training. Let's see if I can lay this out with some clarity in what little time I have this morning. As I understand the matter (I admit that I haven't read the briefs and someone please correct me if I'm wrong), the City of Chicago requires range training as a prerequisite to a handgun permit, but bans the operation of ranges inside its corporate boundaries. The Plaintiffs are arguing that the the right to train at a range is guaranteed by the 2A.

Hmmmm. . . Let's look at the text:
Originally Posted by The Founding Fathers
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
I don't see the word "training" anywhere in there. Perhaps an argument could be made that "training" is a necessary component of a "well regulated militia," but I don't think it's an argument that we really want made. It could open the door for every state to require training of everyone who wants to carry a handgun, with the end result being a reduction of 2A rights.

I think the more effective argument, and one closer to what Gura is saying (from what I've read here) is that the ban on ranges, coupled with a range training requirement, works an effective denial of the RKBA. When you require a license to do something, but set the standards so high that nobody can reach them, you've effectively banned it.

On another note, I wonder what the regulations are for range operations in the suburbs are like, things like possible hours of operation (if they're permitted at all), business licenses, fees, etc. The reason that I wonder about these things is that there may be an Equal Protection claim buried in all of this. If the suburbs ban ranges, or have really high fees and limited hours of operation, and if Gura can find the right Potential Plaintiff, there may be a way to bring a claim that all of those factors, taken in conjunction, work an effective denial of the 2A right to the lower economic classes. I know that's a lot of ifs, but surely there's one indigent, upstanding citizen in the greater Chicago metro area who wants to carry a gun for self-protection, but can't afford the range time or the time off from work to go train . . .
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