Dear Republicans: Don’t Create a Two-Tiered Second Amendment

Late last week, Republican Congressman Pat Harrigan introduced a new bill that would “extend federal concealed carry authority to both serving and veteran special operations forces whose firearms training and marksmanship standards match or exceed those of retired law enforcement officers.”

As a veteran and avid Second Amendment advocate, you would probably think that I enthusiastically support such legislation. But here’s why the bill could actually end up hurting Americans’ constitutionally protected right to keep and bear arms – and why Republicans shouldn’t create a two-tiered Second Amendment.

The new legislation is officially titled the “Special Operations Forces Concealed Carry Act.” It specifically would amend 18 U.S.C. Section 926C to give honorably discharged Green Berets, SEALs, Rangers, Delta operators, Marine Raiders, and other specified special operations veterans in paygrades E-5 and above the same nationwide concealed-carry authority currently enjoyed by retired law enforcement officers.

In short, the bill would override state-level restrictions and allow covered individuals to carry nationwide. A DoD/VA photo ID card would serve as a nationwide permit. Congressman Harrigan argues that the bill “fixes” an inconsistency because these warriors have “mastered firearms under the most demanding conditions in the world.”

Mr. Harrigan’s heart is no doubt in the right place. Veterans should indeed have the right to carry a firearm throughout the country – but so should everybody else. Carving out a special class of citizens who are supposedly more qualified or entitled to exercise their Second Amendment freedoms implies that there are other classes of citizens who are somehow less entitled to the same rights.

I say this as an American who has been formally qualified to bear arms. I am an expert marksman through various combat programs in the military, and I currently hold a lifetime concealed carry permit. I’ve trained with some of the finest warriors this nation has ever produced, including special operations forces whose courage and skill I respect without reservation.

But respect for our elite veterans does not mean I will stand silent while Congress carves out special privileges that treat the Second Amendment as a government favor instead of what it is: an unalienable right belonging to We the People. Anything less is fundamentally at odds with the Constitution I swore to defend.

The Second Amendment is crystal clear: “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.”

Note the words: “the people.” Not “the people except those who haven’t completed BUD/S.” Not “the people who have a government-issued special badge.” The right belongs to every law-abiding American citizen. Period.

When government starts deciding which Americans are “special enough” to exercise a right without having to jump through the usual state-level hoops, it stops being a right and becomes a privilege. And privileges can be revoked tomorrow by the same politicians who granted them.

I’ve heard the counterargument: “These operators are exceptionally trained. They’ve earned it. Retired cops already have concealed carry reciprocity, so why not extend it?” Here’s why.

First, the “training” talking point is completely arbitrary. Millions of law-abiding veterans, competitive shooters, hunters, and everyday citizens alike train regularly and responsibly. Many of them have more trigger time than some retired officers who qualify once a year with a department-issued Glock.

Second, the Law Enforcement Officers Safety Act, which allows qualified active and retired/separated law enforcement officers to carry concealed firearms nationwide was itself a well-intentioned mistake for the same reason. We never should have acknowledged in law that there are certain Americans who have “more” of a right to keep and bear arms than other Americans. We are all governed by the same Constitution.

We don’t need to expand government-created classes of “approved carriers.” We need to stop infringing on the right altogether.

Look at the practical reality on the ground. A law-abiding plumber in rural Louisiana who has never served in uniform must navigate a patchwork of state laws, training requirements, fees, and waiting periods just to carry the same firearm he keeps in his truck for protection. Yet under this bill, a retired Navy SEAL living next door gets to ignore all that because Washington decided he’s elite.

And indeed, the SEAL is elite, and he should have the right to carry – but so should his plumber neighbor. Anything less is not equality under the law. That’s the very definition of special interest legislation, the kind of insider deal-making that erodes trust in our institutions.

I’ve seen what happens when government picks winners and losers with constitutional rights. I watched the slow erosion of liberties after 9/11, even as I served. We created new security bureaucracies and told Americans it was for their own good. Twenty-five years later, we’re still chipping away at the Bill of Rights in the name of safety and “common sense.”

This bill is the same mentality applied to firearms. It says to the average citizen: “You’re not trustworthy enough for full Second Amendment rights, but these select few are.” That message is poison to a free republic, even if it is in service of honoring those who served.

The Founders knew better. They had just fought a war against a professional standing army and a king who disarmed the populace. James Madison, Alexander Hamilton, and the rest designed the Second Amendment precisely so that free citizens, not just government agents or military elites, could defend themselves, their families, their communities, and their country. They did not envision a system where retired special operators get a golden ticket while the blacksmith, the farmer, and the shopkeeper remain second-class when they cross state lines.

Supporters will claim this is a narrow, targeted fix. Narrow today becomes precedent tomorrow. Once we accept that Congress can grant nationwide carry rights based on service in certain units, what’s next? Only veterans with combat deployments? Only those who scored “expert” on the range? Only those with a certain security clearance? That slippery slope is greased by the same politicians who already treat the Second Amendment as a suggestion rather than a constitutional right.

The right solution is simple and constitutional: full constitutional carry across all 50 states. No more begging states for permission slips. No more special clubs. The same standard that applies to driving a car across state lines with a valid license should apply to exercising a right explicitly protected by the Bill of Rights.

I honor every Green Beret, SEAL, Ranger, and special operator who has served this nation. Many are friends. Many continue to protect us in the shadows. But their service does not entitle them, or anyone else, to rights the rest of us must still fight for in state legislatures. True respect for their sacrifice means demanding the same freedom for every law-abiding American.

Republican members of Congress would be better served using their platforms instead to push for legislation that recognizes the Second Amendment applies equally to all of us. Retired Colonel, father, grandfather, and proud American that I am, I will never accept a government that tells my neighbors they are less worthy of the rights my brothers-in-arms and I risked our lives to defend.

The Second Amendment is not a reward for exceptional service. It is a birthright. Let’s stop treating it like a government benefit program and start treating it like the supreme law of the land.

Rob Maness is a retired Air Force Colonel, a former wing and squadron commander, veteran of the Iraq and Afghanistan wars, a survivor of the 9/11 Pentagon Attack, a graduate of the U.S. Navy War College and Harvard Kennedy School, a former U.S. Senate Candidate, Chairman of GatorPAC, CEO and Owner of Iron Liberty Group LLC, and Host of the Rob Maness Show on WorldViewTube.