Thursday, July 30, 2009

Full Faith and Credit

Unprotected

The Jurist (Univ. Pittsburgh School of Law journal) presents the legal challenge to the Senate's narrow rejection of the Thune Amendment (granting  concealed carry reciprocity across state lines).  It runs afoul of the Constitution's full faith and credit clause.
  • ... when permit holders travel across state lines, the validity of their permits – and thus their ability to exercise their right of self-defense – depends upon a crazy-quilt patchwork of ever shifting reciprocity agreements hammered out among the states. This is precisely the sort of problem the Constitution empowers Congress to solve, giving it the authority to have states extend "full faith and credit" to each others' public acts. Ensuring that Americans do not trip on internal borders is a basic feature of our national existence.
  •    the Supreme Court's decision in District of Columbia v. Heller [PDF file]. Heller confirmed that most licensing regimes regulating the carrying of handguns are not unconstitutional – but it also signaled the end of hyper-restrictive laws in the minority of holdout states which print handgun carry licenses on paper made of unobtainium. Rejecting the argument that "keep and bear arms" was a unitary concept referring only to a right to possess weapons in the context of military duty, the Supreme Court held that to "bear arms," as used in the Second Amendment, is to "wear, bear, or carry...upon the person or in the clothing or in a pocket, for the purpose...of being armed and ready for offensive or defensive action in a case of conflict with another person."
  • The Supreme Court also offered that the concealed carrying of weapons may be prohibited, and for this proposition it had ample precedential support. A close reading of Heller, and of the cases upon which it relied, reveal that concealed carry bans are lawful only where open carrying is permitted, lest the right to carry a gun be completely abrogated.
Read the full article.  Then wonder, if you live in Maryland, how our state continues to get away with what, arguably, are the most  restrictive  across the board gun laws in the nation?  I'm demanding a citizens arrest.

7 comments:

Anonymous said...

Maryland most restrictive? Californians and out of state gun dealers have to jump hurdles that add over $100 to the cost of a weapon. Many out of state sellers won't sell to Californians. Add that to the fact that the Assault Weapons Ban full on Boxer version still exists here, and California has to be the most restrictive state. When my son went to Iraq the first time, he was short two 9mm clips. I couldn't buy them and mail them to him because they're illegal for civilians to purchase in California because they hold more than ten rounds. I used to have a drawer full of them

Casca

Rodger the Real King of France said...

you can't get a carry permit in MD.

Anonymous said...

Good luck getting one here.

Casca

Anonymous said...

Maryland also has the expensive and useless ballistic fingerprinting system.

Anonymous said...

OPen carry states.

Ironically they're shown in blue.

Jon said...

The link to the full story goes to a dead page.

Rodger the Real King of France said...

link fixed

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