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Up till now, there's been very little effort by Congress to enforce the Second Amendment on the state and local governments. With Trump in the WH and the Republicans running Congress, this may change. Given the presence of the Second Amendment, especially with the somewhat recent SCOTUS decisions supporting it as confirring an individual right that is binding on all levels of government, Congress may be viewed as having the authority to do this.
What they're talking about is a bit indirect (allowing residents of one state to get a permit from other states.) I'd rather see the congress just whack out all gun laws on the state an local level.
it will end up the same way it always does . with the supreme court ruling that you must have a permit system in place that allows gun ownership , but leaves it to the locality's to decide who can carry ,who can't and under what circumstances .
the courts have ruled over and over locality's are free to restrict the permits as best fits the locality .
you can bet your bottom dollar that will never change here .
AFAIK, Congress has never tried to override local law directly as far as gun ownership and carry are concerned, so this is completely untested. They may now try, and by the time it gets to the SCOTUS, we'll have at least one more conservative justice, and, who knows, maybe more.
Quote:
Originally Posted by mathjak107
it will end up the same way it always does . with the supreme court ruling that you must have a permit system in place that allows gun ownership , but leaves it to the locality's to decide who can carry ,who can't and under what circumstances .
the courts have ruled over and over locality's are free to restrict the permits as best fits the locality .
you can bet your bottom dollar that will never change here .
This article was incredibly vague. What will the legislation do? It would mean a license from one state is a license for all?
Basically, if you have a valid concealed carry permit from Virginia, you would be able to carry your gun, concealed, in all 50 states.
So as a NY City Resident, you could get a Non-Resident Virginia Gun Permit, and it would be valid in NY city. In theory.
The reason Non-Resident gun permits exist is for out of state residents who visit Virginia (or any other state that has them) and want to be able to carry their guns in the state.
AFAIK, Congress has never tried to override local law directly as far as gun ownership and carry are concerned, so this is completely untested. They may now try, and by the time it gets to the SCOTUS, we'll have at least one more conservative justice, and, who knows, maybe more.
we went through something like this in ham radio .
local town ordinances were restricting tower height for ham radio operators or telling them they can't have a tower .
since ham radio is governed by federal regulation one club took it to federal court .
in a nutshell the judge ruled that ham radio is governed under federal law and towns have to abide by those laws , and support and work with the ham radio operators .
then he stopped short of saying just what support and work with the ham radio operators actually meant .
the judge later said he left it open ended because he realizes local jurisdictions need the ability to do what is best for them so he stopped short of telling them just what it is they have to do other than work with the hams to find a solution that is acceptable .
you can be sure no matter what is done on a federal level nyc will not only never accept out of state carry permits but we will never see them ourselves issued freely .
nyc found away to make even the federal transportation laws which allow transportation between states invalid when it comes to nyc permit holders with valid residence permits transporting their firearms to other states .
i had a 2nd home in pa and while federal law says i can transport to pa and even shoot at local ranges, nyc says otherwise . we cannot transport to other states by court ruling because the way our residence permits are worded they are invalid off premise doing anything but going to an authorized nypd range or hunting in state .
therefore the guns are not legally held the courts said when off premise and they are not subject to protection under federal laws which allow interstate transport of legally held firearms .
pa requires no permit to shoot at local ranges . they only require your guns be legally held . the court ruling in ny made them no longer legally held outside of the parameters defined by nypd .
no matter what bill is passed you can be sure nyc will find a way to get around it .
Last edited by mathjak107; 02-28-2017 at 04:20 AM..
no matter what bill is passed you can be sure nyc will find a way to get around it .
You are absolutely right in regards to NY state residents. This law won't change a thing as NY will continue to be a state where it is nearly impossible to procure a carry license, but the state/city will have ZERO power to invalidate the law as far as visitors go. How funny will it be knowing that a FL resident visiting Time Square will be able to legally carry a handgun concealed while the NY'er who lives around the block can't even TOUCH one without an onerous and expensive NYC permit? Hilarious. Maybe NY sheep, especially those who lean right, will be influenced finally to vote, consistently, for politicians who actually stand for our rights.
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