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SENATE VERSION OF
NATIONAL RIGHT-TO-CARRY BILL INTRODUCED U.S. Senator John Thune (R-S.D.) recently introduced S. 388--the Senate version of H.R. 226, a national Right-to-Carry reciprocity bill that would provide national reciprocity for state carry licensees. This legislation would allow any person with a valid carry permit or license issued by a state to carry a concealed firearm in any other state if they meet certain criteria. The bill would not create a federal licensing system; it would simply require the states to recognize each other's carry permits, just as they recognize drivers' licenses. For more information on these bills, please visit http://www.nraila.org/Issues/FactShe...ad.aspx?ID=189. Please be sure to contact your U.S. Senators and Representative and ask them to cosponsor and support S. 388 and H.R. 226! You can call your U.S. Senators at (202) 224-3121, and your U.S. Representative at (202) 225-3121. |
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... That one phrase can pretty much kill the SPIRIT of the law even if it passes and with democrates in power, I have little belief that it will pass.
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1. It won't pass
2. It won't apply to PA permits. There aren't many states were you can just walk in fill out an application and pay $XX.XX and you get your permit. Most states require a firearms safety class. Didn't they try and do this awhile back? Can't remember off hand but remember this being floated around, maybe it was just people talking. |
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I look on this in several different ways. I think it is the best way to get "universal" recognition, an dthe least intrusive way to have the Fererals, sorry Federals weigh in on it.... However that said. The language of meeting said criteria, who DICTATES (yes that's the proper word in this case) what that criteria is? I have no doubt in my mind I'd pass any criteria and testing they designate, but I see that as a further infringemetn by the government. PA is one of the most liberal states in terms of issueing you a permit, you go in, pay your money, pass a background check and you're issued. the Only two I know more liberal than that are Alaska and Vermont, where as long as you're not a prohibited person, you can carry with OUT the permission slip from the government (much more in line with the 2A). Now how long to you think our two good friends in Washington are going to stand up in the senate and say, we'll not stand for infeingments and agressive 'standards' in issuing carry permits? How fast will they cave to the creatures from CA or NY, who say only the eilite should carry?
While I like the premise of the 'recognize' all permits and licenses, by allowing them the wording of 'as long as it meets.....' totally defeats the rest of it. |
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IMHO, states like NJ, MD, and NY are going to fight very hard against national reciprocity becoming a reality. If these states think they're going to lose on this issue in the legislature, they're going to attempt, under the "meet certain criteria" clause, to make said criteria so ridiculous that either: a) the bill will get voted down, OR b) it will become much more difficult for ANYONE in ANY state to obtain a license. These states will attempt to use the "meet certain criteria" clause to create a federally controlled, nationwide standard for the LTC licensing process, which is in direct conflict with the spirit of this bill: to force states to recognize carry licenses issued from other states, no matter HOW or WHY they were issued. Even if the bill does pass, the above states will likely break the law and just not recognize the permits anyway. It will take someone who's exercising their rights to get falsely arrested and acquitted before they start following the law. Call me a pessimist, but the risk for Pennsylvanians doesn't seem worth the reward. I like the bill on paper, and if it were to pass unmodified into law, I'd be really happy. I'd like nothing more than to be able to carry when I'm traveling in NJ to visit family. I just don't see it happening, and if there's any chance of it happening the antis are going to try and use it as leverage to take away even more of the protection of our rights, potentially putting us in a worse situation then we are now (which right now in PA isn't all that bad).
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"[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms." -James Madison, Federalist Papers, No. 46. "America does not go abroad in search of monsters to destroy." [sic] -John Quincy Adams "I believe that banking institutions are more dangerous to our liberties than standing armies." -Thomas Jefferson Μολών λαβέ! -King Leonidas Last edited by ChamberedRound; January 29th, 2007 at 12:36 PM. Reason: Extended my comments |
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It's unconstitutional (as is the police carry legislation that passed a couple years ago). There is no provision in the Constitution that provides the Federal government with the authority to force states to recognize the license of any other state.
I invite you to prove me wrong ![]() Edit to add: And why in the world would you want the Feds involved in concealed carry? Have you seen what a mess the TSA is? Or how hostile the BATFE is to our interests? This would be, in a practical sense, a complete disaster, even if it were not unconstitutional.
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The material presented herein is for informational purposes only, is not guaranteed to be correct, complete, or up to date, does not constitute legal advice and does not establish an attorney-client relationship. You should NOT act or rely on any information in this post or e-mail without seeking the advice of an attorney YOU have retained. In plain English, while I am an attorney, I'm NOT your attorney, and I'm NOT giving you legal advice. |
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I agree. At least with the LEO HR218, even the smallest, podunk PD would have some kind of mandatory firearms training. In the non-LEO world, if all it takes in State "A" is to walk in and walk out with your permit, State "B" which requires you to go through some educational course, qualify, etc isn't going to feel like being forced to accept State "A" ccw'ers. |
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Anyway, check out the Section 1 of the Article 4 of the US Constitution which contains the "full faith and credit clause" that provides that each state must recognize the public acts (laws), records, and judicial proceeding of the other states. |
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It would be nice to be able to travel freely around the country, from state to state, and legally be permitted to carry your firearm for personal protection. Our PA AG is making great progress with regards to CCW recoprocity, but I can't envision him ever securing agreements with every state in the union. There are some states, like New York and California, which will not issue NR permits, and will not enter recoprocity agreements with PA.
Here's the S.388 Text which Senator Thune has proposed. It's very short, and seems very clear cut to me. I don't see anything in there which will alter the PA CCW application process. Take the time and read the actual proposal, and if you still think it's bad, explain why. I think it's a good bill, and I'd like to see it signed into law. Last edited by doug; January 29th, 2007 at 10:47 PM. |
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