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.
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- ... 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.
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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.
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