California, Gun-Toting Lawmakers, and the 14th Amendment

By Douglas V. Gibbs

The Giffords shooting in Tucson, Arizona has made legislators around the nation think a little more about their safety against would-be assassins. Gun rights in this nation have been under attack by progressive politicians who believe that stronger gun control measures will make future shootings less likely. However, taking firearms out of the hands of law-abiding citizens does not necessarily keep the criminal element from obtaining the guns. Such legislation usually only lessens the deterrent against shooting sprees by removing the weapons from the scene that may have been able to stop the assailant in the first place.

Some lawmakers have taken their security into their own hands. In California, there are four members of the state Assembly who had been given permission to carry concealed weapons under the Capitol dome. However, their ability to carry a gun into the Capitol has become limited, and they have been directed to check their guns at the door.

In California, carrying guns at a workplace is normally prohibited by law. In the case of the four lawmakers, however, Assembly Chief Sergeant-at-Arms Ronald Pane had granted them the clearance to carry guns at the Capitol.

Speaker John A. Pérez later directed Pane to "revoke authorizations for any members pending a full review of safety and security measures."

In 2010 a law was passed that was meant to further limit the presence of loaded guns and deadly weapons at the statehouse. The law, however, also included a provision that allowed the sergeants-at-arms to grant holders of concealed weapons permits permission to bring their guns into the Capitol and legislative office buildings.

The State Senate has not given any members permission to carry concealed weapons.

The limitations on carrying firearms into the Capitol stems from history. After the Black Panthers brought loaded guns into the Assembly chambers in 1967, California law has limited carrying weapons in public places, including the Capitol. The ability for lawmakers to carry guns on the job, however, does exist in a number of other states.

The real question of the matter, however, comes down to what the U.S. Constitution says on the issue.

The 14th Amendment's Equal Protection Clause was designed to make sure that in the States all laws were applied to the citizens uniformly, so as to protect the newly emancipated slaves from being singled-out, and to eliminate the practice of preferential treatment for any group of citizens.

The Founding Fathers likewise expected the citizens to be treated uniformly. Article IV provides for us the Full Faith and Credit Clause, as well as the first clause of Article IV, Section 2, in the expectation that not only will citizens be treated uniformly, but that treatment will extend to that citizen in all states. In other words, if you decided to visit a state other than the one of your residence, the Constitution ensures that the laws in the state you may be visiting will be applied equally to you as they would to any other citizen in the state.

Considering the Constitution's aim to eliminate preferential treatment, one must consider the allowance of legislators to carry guns into the capitol, while disallowing citizens to. Is that not preferential treatment for the lawmakers? The 14th Amendment is clear. Either everyone that can legally own and carry a firearm must be allowed to under the Capitol Dome, or nobody can (save for those whose job it is to provide security). Uniform treatment under the law must be applied, as per the U.S. Constitution.

Don't get me wrong, here. I am a gun owner, and I champion the Second Amendment, and my right to keep and bear arms. One must remember, however, that we have to take the good with the bad, and the rule of law is what it important here. Under the rule of law there can be no preferential treatment for any group as per the 14th Amendment. To allow lawmakers to pack heat, and not the citizens, in public places, is preferential treatment for the lawmakers, no matter how you slice it and dice it.

-- Political Pistachio Conservative News and Commentary

California legislators can't carry guns in the Capitol, for now - Sacramento Bee