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Thread: National Concealed Carry legislation...

  1. #41
    I don't see this happen. We have some 30+ shall issue states that could've achieved a de facto reciprocity between them yet they have not. Because state of Nevada or Oregon has different ideas about it than state of Utah etc.

    More so, I do not see The Donald use federal funding restrictions, which is a major political capital, to enforce something like a national reciprocity.

    Time will tell.
    Last edited by YVK; 11-12-2016 at 10:46 AM.
    Doesn't read posts longer than two paragraphs.

  2. #42
    Well for those of us who are forced to move because the military, I hope this happens.
    Last edited by breakingtime91; 11-12-2016 at 11:13 AM.

  3. #43
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    Quote Originally Posted by YVK View Post
    I don't see this happen. We have some 30+ shall issue states that could've achieved a de facto reciprocity between them yet they have not. Because state of Nevada or Oregon has different ideas about it than state of Utah etc.

    More so, I do not see The Donald use federal funding restrictions, which is a major political capital, to enforce something like a national reciprocity.

    Time will tell.
    Why would you need to use federal funding restrictions? Those are generally only necessary where you need states to do affirmative acts and want to avoid the commandeering state officers prohibition of the 10th Amendment. National Right to Carry Reciprocity would work the exact same way as LEOSA, except the needed identification would be a state-issued license or permit rather than LE creds. Federal courts (and the Supremacy Clause) are the enforcement mechanism for LEOSA, not funding restrictions.

  4. #44
    Quote Originally Posted by joshs View Post
    Why would you need to use federal funding restrictions? Those are generally only necessary where you need states to do affirmative acts and want to avoid the commandeering state officers prohibition of the 10th Amendment. National Right to Carry Reciprocity would work the exact same way as LEOSA, except the needed identification would be a state-issued license or permit rather than LE creds. Federal courts (and the Supremacy Clause) are the enforcement mechanism for LEOSA, not funding restrictions.
    So what happens when New York State says "we don't recognize the National Reciprocity Act , and will arrest all non-LE visitors entering the state with a pistol"?
    The Minority Marksman.
    "When you meet a swordsman, draw your sword: Do not recite poetry to one who is not a poet."
    -a Ch'an Buddhist axiom.

  5. #45
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    Quote Originally Posted by GardoneVT View Post
    So what happens when New York State says "we don't recognize the National Reciprocity Act , and will arrest all non-LE visitors entering the state with a pistol"?
    The exact same as when NY has tried to ignore LEOSA, the PLCAA, or FOPA. You apply for relief in federal court. The type of relief will depend on the status of the underlying case.

    If you think we are in a place where NY state is willing to violently resist the enforcement of a federal court order, then I think that whether or not an individual will legally be able to carry a concealed handgun in NY will soon become irrelevant.

  6. #46
    Quote Originally Posted by GardoneVT View Post
    So what happens when New York State says "we don't recognize the National Reciprocity Act , and will arrest all non-LE visitors entering the state with a pistol"?
    I say bring it.

    Article in the Washington Post today on the subject.
    Republican presidential frontrunner Donald Trump -- who said he has a concealed carry permit -- called for the expansion of gun rights Friday, including making those permits applicable nationwide.

    In a position paper published on his website Friday afternoon, Trump called for the elimination of gun and magazine bans, labeling them a "total failure."

    "Law-abiding people should be allowed to own the firearm of their choice. The government has no business dictating what types of firearms good, honest people are allowed to own," Trump wrote...

    "Opponents of gun rights try to come up with scary sounding phrases like 'assault weapons', 'military-style weapons' and 'high capacity magazines' to confuse people," Trump wrote Friday. "What they’re really talking about are popular semi-automatic rifles and standard magazines that are owned by tens of millions of Americans."

    Trump said in the paper he has a concealed carry permit. The permits, which are issued by states, should be valid nationwide like a driver's license, Trump said.

    "If we can do that for driving -- which is a privilege, not a right -- then surely we can do that for concealed carry, which is a right, not a privilege," Trump said...

  7. #47
    Quote Originally Posted by joshs View Post
    The exact same as when NY has tried to ignore LEOSA, the PLCAA, or FOPA. You apply for relief in federal court. The type of relief will depend on the status of the underlying case.

    If you think we are in a place where NY state is willing to violently resist the enforcement of a federal court order, then I think that whether or not an individual will legally be able to carry a concealed handgun in NY will soon become irrelevant.
    Tell that to George Revell.
    The Minority Marksman.
    "When you meet a swordsman, draw your sword: Do not recite poetry to one who is not a poet."
    -a Ch'an Buddhist axiom.

  8. #48
    Quote Originally Posted by joshs View Post
    Why would you need to use federal funding restrictions?.
    My expectation is that anti states will use preemption laws and every means possible to avoid the implementation. SCOTUS denial to hear Friedman vs Highland Park left the door open for localities to regulate gun ownership, and I think that will be used too. I don't think that the bill passage, if that happens at all, will be a de facto and final implementation of reciprocity.
    Doesn't read posts longer than two paragraphs.

  9. #49
    Quote Originally Posted by YVK View Post
    My expectation is that anti states will use preemption laws and every means possible to avoid the implementation.
    If the Port Authority of New York and New jersey can continue to get away with blatant violations of FOPA, I see no reason to believe otherwise.
    Recovering Gun Store Commando. My Blog: The Clue Meter
    “It doesn’t matter what the problem is, the solution is always for us to give the government more money and power, while we eat less meat.”
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  10. #50
    Quote Originally Posted by GardoneVT View Post
    Tell that to George Revell.
    Are you talking about the George Revelle banker, alarm system, murder case, etc? If so, how is that relevant? I'm not tracking.

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