jmra wrote:
Absolutely incorrect. To suggest that I asked permission in order to obtain my CHL infers that DPS could say no to my application. The fact of the matter is legally they can't. Therefore I did not ask permission. In fact I did just the opposite. By completing my application I demanded that they issue my CHL as they are required to do by law.
I understand your point. You're saying that the DPS cannot legally refuse to issue unless there the applicant falls into a category where they have the authority to refuse. I get it and don't disagree with that fact.
Think about my points:
1) A right is something that we are granted. Additional "steps" should not be required. Privileges, such as a drivers license, have strings attached. Does Texas treat the right to carry a firearm like a right or more like a privilege?
2) A fee applies to exercise the right. Even if we don't consider the DPS issuing situation, I've still got to pay want is a non-insignificant amount of money for the training, background check, and fingerprints. The end result is that not everyone can afford to exercise their 2nd amendment right.
Look I'm not saying that Texas shouldn't require background checks and fees for CHL. In terms of practicality, I'm on board. I'm simply saying that viewing it on a constitutional basis, it's not being treated like a fundamental constitutional right. The 2nd amendment, as I think it was intended by the founding fathers, does not exist in Texas.