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  • 045ACP

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    http://dailycaller.com/2016/12/05/g...ional-concealed-carry-bill-for-next-congress/ Now known as the Concealed Carry Reciprocity Act of 2017, the bill, which The Daily Caller obtained exclusively, would allow a person with a concealed carry license from one state to carry a concealed handgun in any other state that permits its resident to concealed carry, as long as the person is not banned from possessing or transporting a firearm under federal law. The bill excludes carrying “a machine gun or destructive device,” and the person must follow “the restrictions of that state.”
     

    F350-6

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    Not a new attempt, but this time the veto threat seems to have been removed (we hope). Question is can Congress get it passed to present to POTUS?
     

    Dash Riprock

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    http://dailycaller.com/2016/12/05/g...ional-concealed-carry-bill-for-next-congress/ Now known as the Concealed Carry Reciprocity Act of 2017, the bill, which The Daily Caller obtained exclusively, would allow a person with a concealed carry license from one state to carry a concealed handgun in any other state that permits its resident to concealed carry, as long as the person is not banned from possessing or transporting a firearm under federal law. The bill excludes carrying “a machine gun or destructive device,” and the person must follow “the restrictions of that state.”

    I understand why we would want to do this, but places like NY, NJ and California have so many restrictions on licensed carry already that isn't it almost a moot point that your Texas LTC would be honored there? Maybe if the law defined some common requirements that every state had to follow it would be of use, but then you're letting the Feds write even more state firearms law, and I don't want to go any further down that road than we already have.

    Very mixed feelings on this one. This is one area where I'd probably rather take a page out of the left's playbook and shop it to friendly judges until the non-free states' restrictions get knocked down on constitutionality.
     
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    Recoil45

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    I understand why we would want to do this, but places like NY, NJ and California have so many restrictions on licensed carry already that isn't it almost a moot point that your Texas LTC would be honored there? Maybe if the law defined some common requirements that every state had to follow it would be of use, but then you're letting the Feds write even more state firearms law, and I don't want to go any further down that road than we already have.

    Very mixed feelings on this one. This is one area where I'd probably rather take a page out of the left's playbook and shop it to friendly judges until the non-free states' restrictions get knocked down on constitutionality.

    Other than NYC NY has carry but even still many outside NYC are restricted from carrying in a very odd way. It would take far too much time to type from my phone but here is the short version. In NY you cannot posses a handgun without a license, period, to do so is a felony. Since NY is a may-issue state they can revoke your license at any time for any reason. When you are issued your "carry" license in many counties the police department rubber stamps it with a "to and from range" restriction. If you get caught carrying outside of that you can't be charged with a crime, but they can and do revoke your license. It's generally 6-12 months. Now since you can't posses handguns without that license all you handguns need to be surrenders or transferred to another license holder. Everything is registered and there is no way around it. Now if you live in a county that doesn't rubber stamp your license you can carry everywhere in NY except NYC, you can even carry in counties that rubber stamp their residents license. If reciprocity passes your Texas license would need to be treated as a non-rubber stamped license. There is no 51% restriction in NY and signs don't carry the weight of law.


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    Bozz10mm

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    Wouldn't they need to establish a national data base of all licensed CC permits? How would LEO in another state know if your LTC was valid.
     

    TheDan

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    Not crazy about the Feds passing any laws regulating weapons or carry. Period. It's not their job.

    They need to repeal all Federal guns laws.
    Exactly.


    Although it would be fun to see some state that reserves their carry licenses for the elite like NY making a 10th Amendment case over it. "Oh, so now you care about state sovereignty?" :laughing:
     

    Dash Riprock

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    Other than NYC NY has carry but even still many outside NYC are restricted from carrying in a very odd way. It would take far too much time to type from my phone but here is the short version. In NY you cannot posses a handgun without a license, period, to do so is a felony. Since NY is a may-issue state they can revoke your license at any time for any reason. When you are issued your "carry" license in many counties the police department rubber stamps it with a "to and from range" restriction. If you get caught carrying outside of that you can't be charged with a crime, but they can and do revoke your license. It's generally 6-12 months. Now since you can't posses handguns without that license all you handguns need to be surrenders or transferred to another license holder. Everything is registered and there is no way around it. Now if you live in a county that doesn't rubber stamp your license you can carry everywhere in NY except NYC, you can even carry in counties that rubber stamp their residents license. If reciprocity passes your Texas license would need to be treated as a non-rubber stamped license. There is no 51% restriction in NY and signs don't carry the weight of law.

    Sent from my iPhone using Tapatalk

    I haven't read the bill, but how do you know it won't just as easily result in NY requiring Texans to register their firearms with NY if we want to carry there? And then we have to worry about their stupid magazine restrictions and whatever other nonsense they have up there.

    I do like their stance on the signs, though. Are you saying that if one manages to get one of these rubber stamped licenses he can carry into a bar in NY?
     

    locke_n_load

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    Don't we already have reciprocity with most other states that allow concealed carry? What good would a national reciprocity bill really do (other than the feels)?

    Edit: After thinking about it, for those in "may-issue" states, I guess they could apply for a non-resident permit from like AZ and carry in their state, even though their state would not issue them one?
     
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    klarowe

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    I haven't read the bill, but how do you know it won't just as easily result in NY requiring Texans to register their firearms with NY if we want to carry there? And then we have to worry about their stupid magazine restrictions and whatever other nonsense they have up there.

    I do like their stance on the signs, though. Are you saying that if one manages to get one of these rubber stamped licenses he can carry into a bar in NY?

    Being a resident of NY up until a month ago, I can possibly help shed some light.

    Yes, getting the permit is a nightmare. Each county has it's own method of issuing but basically the police department does the background check, reference interviews, neighbors interviews, spouses / other individuals living in your home interviews, etc. Then they send their "report" to the county court where it is reviewed by a judge and either issued or not issued. NY is concealed carry only so depending on the judge you will either get unrestricted (extremely rare) or restricted to typically hunting and range.

    Everything about the restrictions is extremely gray area. One police officer can say that you have to carry the gun in a locked case to and from the range and not make any stops (not even for gas); while another can be fine with you making a dozen stops with the gun on your hip. Either way, you aren't breaking any laws, but if the judge doesn't like what you did he/she can yank your permit completely and you'll never get one again.

    However, if you do manage to get unrestricted, since it is so rare that people carry up there, very few businesses post anything about firearms.. that was my biggest surprise when I got here was the number to businesses that don't allow carrying compared to NY. However in NY, if the business realized you were carrying some how, they would likely ask you to leave as many don't allow firearms, they just don't post it.

    I got lucky on my permit and was able to get it completely unrestricted. I happened to get the only 2A friendly judge. So I pretty much carried mine everywhere I went. There are some fixed restrictions such as federal buildings, school property, etc. that you had to be careful of. And in NY if you ever left the gun in your car, even secured in 3 locked cases, and you had to report the gun stolen for any reason, you were going to lose your permit because the common unwritten policy is that the gun cannot leave your direct control at any time. So if I had to make a stop at the post office, I had to go home to drop off the gun, then go back out. It was a royal PITA.
     

    Ranger550

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    Not crazy about the Feds passing any laws regulating weapons or carry. Period. It's not their job.

    They need to repeal all Federal guns laws.

    I agree. The National Firearms Act needs to go, along with the GCA of 1968. Too bad this wasn't settled in 1939
    when the Miller vs. The US case died along with Miller, who had a "short" barreled shotgun which have been in use for over 100 years in the military for "close encounter" combat. Hell, even the old muskets were often loaded
    with shot or whatever was handy, so we are talking about using "shotguns" since the 1700's by the militia.
     

    Sir Flannel

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    I think it has potential for more trouble than it solves. A lot of states have already entered into reciprocity agreements on their own. And nothing screws up a good thing faster than government "fixing" a problem. I do have a question: What about Constitutional carry states? If there's no "permit" to honor in the other states?
     

    TheDan

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    I think the best way to handle it is to wait until we get a couple more constitutional jurists on SCOTUS, and then get a case in front of them so that it can be ruled to be covered by Full Faith and Credit; the same as driver and marriage licenses.
     

    satx78247

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    Bozz10mm,

    In the same way that an out-of-state LEO can check to see if your State-issued driver's license is valid.
    (I was a sworn city/county/state/federal LEO for over 3 decades & not even once had any difficulty in checking out the validity of a DL. The SAME thing would be true of a firearms license.)

    ImVho, the current local/State laws/regulations/ordinances are UNCONSTITUTIONAL, if they forbid bearing firearms in their state under the same conditions as that license in the bearer's home jurisdiction, just as marriage license & DL, issued by another of the 50 States,must be recognized/honored under the "full faith & credit" provisions of the US Constitution.

    It is my hope that a federal judge, who actually supports The Constitution, will & soon STRIKE DOWN every local law/ordinance that fails to recognize/honor any other State's firearms license.

    yours, satx
     
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