Congress revisits carry-permit reciprocity

[K.Ingraham]

http://volokh.com/2011/09/14/congressio ... UalA.email" onclick="window.open(this.href);return false;

"On Tuesday I testified before the U.S. House subcommittee on Crime, Terrorism, and Homeland Security, regarding H.R. 822, which would set up a national system of interstate reciprocity for concealed handgun carry permits. My 24-page written testimony is here. The video of the subcommittee hearing is about and hour and 45 minutes. Nearly all members of the 21-member attended the hearing, and used their opportunity to ask 5 minutes worth of questions. Most of the questions posed to George Mason Law’s Prof. Joyce Malcolm, Philadelphia Police Commissioner Charles Ramsey, and me, were quite thoughtful. "

[Flesh Thorn]

Eventually most states will have reciprocity without Congressional action. I don't see the forced reciprocity as being a good thing for gun ownership.

[C-MAC]

Eventually most states will have reciprocity without Congressional action. I don't see the forced reciprocity as being a good thing for gun ownership.

You don't live in a kommunist state sir.

I spent a month trying to find someone who could weld a triple-tap on my AR barrel. That is just one of the joyous exercises in my past. And that is just long-guns. Let's not even talk about issues such as handguns with a threaded barrel.

Anyway more to your point. We have recent cases both in NY and NJ where handguns were "improperly transferred" and the people ended up in jail. These were otherwise law-abiding citizens who were moving into the state and didn't fill the paperwork out correctly. A smartly crafted national reciprocity could certainly help that. Especially one that keeps track of revocations across states.

[Flesh Thorn]

I am trying to look beyond the apparent good things and more at the hidden negative repercussions of having the federal government involved in CCW reciprocity between the states. I have found it ironic that many who will speak of state's rights when bashing Obamacare forget about state's rights when it comes to a national CCW reciprocity bill. I am skeptical if not outright paranoid about Congress wanting to "help" us with this.

[Silverback]

I have found it ironic that many who will speak of state's rights when bashing Obamacare forget about state's rights when it comes to a national CCW reciprocity bill.

But but...this is something we can get behind! Isn't it?

[Flesh Thorn]

But but...this is something we can get behind! Isn't it?

Certain ocean predators have evolved to lure their prey in with appendages that resemble food.

[Silverback]

But but...this is something we can get behind! Isn't it?

Certain ocean predators have evolved to lure their prey in with appendages that resemble food.

Uncle Sugar only has your best intentions on his mind....

[Flesh Thorn]

I hear that the road to Hell is paved with good intentions.

[C-MAC]

Oh, this is pick on the zoomie day- isn't it?

I said "smartly crafted" which is what the NRA and GOA support (realizing that "Congress" and "smartly run" creates an oxymoron irrespective of party).

Notice I didn't say federally run or managed like the NICS check.

But I do hope you are right and it comes about without their intervention.

[Flesh Thorn]

Oh, this is pick on the zoomie day- isn't it?

As for me, nothing I posted was intentionally directed at you.

[rgrokelley]

This is not a good idea. We are a Republic of 50 seperate states. Each one makes up their own mind on what is good and what is not for their state. By forcing this on states that do not want it, we open the door for them to force their laws on us.

Against Gay marriage? What if a few states have it?

That is only one example, but you can see the vampire you invite in with this thinking.

[RangerX]

I am against the concealed carry of homosexual marriages.....

[C-MAC]

I had an opportunity to read the professors entire testimony last night. Overall, it appears to be very well thought out and constitutionally grounded. He has strung together Heller, the 2nd Amendment and the 14th Amendment as a basis for allowing intrastate travel with firearms, provided they are "legally issued" in the person's home state.

From a laymen s point of view, the way they have constructed this legislation is by stating the Constitution specifically states a right in the 2nd Amendment. That right has been recently affirmed in Heller. That deliberately sets up the argument they are about to make by starting with a right specifically stated (not implied) in the Constitution. The purpose being not to expand this argument to other issues (e.g "gay marriage", Obamacare, et al). It also serves as a basis for making the intrastate argument since the Constitutions rights are obviously guaranteed across state lines. They then use Section 1. of the 14th Amendment to essentially say this right, guaranteed by the Constitution and regulated by the individual state laws, is abridged by not allowing a citizen the ability to carry across state lines.

If you read his testimony and the HR 822, there are no provisions for a registry or centralized database. It appears to me, they are simply making a legal argument that interfering with a person who carries a legal firearm across state lines, is a violation of the 14th and 2nd Amendment.

Conversely, I also think the fears are very well grounded. Intrastate "regulation" is the domain of our federal government. What prevents a gun-unfriendly administration from creating a "National Department of Firearms" or assigning BATF to oversee this process- then with the regulation process create some type of nationalized registry- "for the children"? I am certain the lawyers and Congress have some great explanation as to why this can be prevented, but it is not evident to me. Which usually means we get screwed. So I am leaning back in "this could be bad" the direction.

Anyway, that's just my simple read on it. After all, it's the federal government...what could go wrong?

[Baseplate]

I'm from the government and I'm here to help you

[colt1rgr]

I am all for reciprocity, shit I'm tired of changing weapons and checking regs everytime I cross a state line BUT.............. I don't want ANYTHING mandated by the turds in Washington!