HB 357 - Constitutional Carry

[dogbone]

What do the bookies say of its passing into law? What’s it alleging? We just need facts Sir!

Cliff Notes version:
A bill for permitless carry has been filed in the House and is gathering sponsors.

A companion bill has yet to be filed in the Senate. Please contact your state Senator and give them a polite but firm nudge in this direction.

The bill has yet to be assigned to a committee. If it is assigned to Homeland Security, the battle to get it passed will be a very tough one. If it is assigned to State Affairs, it may have a better chance.

 

[dogbone]

HB 357 has been assigned to the Homeland Security & Public Safety committee. Keep your Wednesday's free so you can show up for the hearing on this bill. A date for the hearing has not been set yet.

The bill now has several authors and co-authors supporting it.
Primary Author: Stickland
Joint Authors: Biedermann, Lang, Middleton, White
Coauthors: Cain, Hefner, Krause, Metcalf, Oliverson, Patterson, Schaefer, Tinderholt, Toth, and Zedler

 

[SQLGeek]

HB 357 has been assigned to the Homeland Security & Public Safety committee.

This bill is DOA. Nevarez is the chair. Thank you, Bonnen!

 

[dogbone]

This bill is DOA. Nevarez is the chair. Thank you, Bonnen!

 

[dogbone]

Some chatter going around that the hearing for HB 357 may be held in the next two or three weeks. Keep your Wednesdays open and come down to testify on this bill.

 

[krucam]

Updated with Oklahoma’s recent passage of Constitutional Carry. Kentucky is closing in as well.

 

[gshayd]

Passed in the W Va house as well.

 

[leVieux]

I see this movement as simple restoration of improperly restricted CONSTITUTIONAL rights.

As in "Shall not be INFRINGED" !

leVieux

 

[SQLGeek]

Updated with Oklahoma’s recent passage of Constitutional Carry. Kentucky is closing in as well.

That is always beautiful to watch.

 

[Army 1911]

The 9th circus just ruled that the 2nd meant we could carry openly w/o license. If the supremes don't hear an appeal then it is the law of the land.

Or they could hear the case and uphold the 9th.

 

[Southpaw]

.

 

[Southpaw]

The 9th circus just ruled that the 2nd meant we could carry openly w/o license. If the supremes don't hear an appeal then it is the law of the land.

Or they could hear the case and uphold the 9th.

Do you have a link to this?

 

[dogbone]

The 9th circus just ruled that the 2nd meant we could carry openly w/o license. If the supremes don't hear an appeal then it is the law of the land.

Or they could hear the case and uphold the 9th.

If you are referring to the case Young v. Hawaii, that decision was appealed to an en banc hearing with arguments scheduled for March 25, 2019. On February 14, 2019, the 9th stayed the en banc hearing until the USSC issues an opinion in the case of NYSRPA v. New York.

You can find an extended discussion of Young v. Hawaii here:
https://www.mdshooters.com/showthread.php?t=106943

 

[krucam]

There is also a 'Carry' case going through the Cert phase (not accepted yet) at the Supreme Court, Rogers v Grewal.
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/18-824.html

 

[Dash Riprock]

The 9th circus just ruled that the 2nd meant we could carry openly w/o license. If the supremes don't hear an appeal then it is the law of the land.

Or they could hear the case and uphold the 9th.

Someone correct me if I'm wrong, but if the SC doesn't hear an appeal, it's law for that circuit only. If another circuit has different laws, then there's a conflict that the SC is, in theory, supposed to decide. But they've been punting on a number of 2nd Amendment cases lately (much to the chagrin of one Clarence Thomas), leaving a lot of uncertainty and disparity out there.

As I understand it.

If you are referring to the case Young v. Hawaii, that decision was appealed to an en banc hearing with arguments scheduled for March 25, 2019. On February 14, 2019, the 9th stayed the en banc hearing until the USSC issues an opinion in the case of NYSRPA v. New York.

You can find an extended discussion of Young v. Hawaii here:
https://www.mdshooters.com/showthread.php?t=106943

Not sure if that's the case or not, but from what I recall the issue was that the carry laws in California (or maybe Hawaii, I imagine both have the same issue) were so onerous that it effectively prohibited anybody from legally carrying in public, licensed or otherwise. The court basically said if you don't have a realistic licensing mechanism then you have to allow unlicensed carry, because you must allow citizens to carry in some manner. As much as I'd like it to be the case, I don't think that quite means they said the 2nd A allows unlicensed open carry.

 

[dogbone]

Someone correct me if I'm wrong, but if the SC doesn't hear an appeal, it's law for that circuit only. If another circuit has different laws, then there's a conflict that the SC is, in theory, supposed to decide. But they've been punting on a number of 2nd Amendment cases lately (much to the chagrin of one Clarence Thomas), leaving a lot of uncertainty and disparity out there.

As I understand it.

You understand it correctly. Any ruling by the Ninth would apply to the Ninth district only.

As interesting as the myriad number of cases across the land may be, let us try to keep an eye on our own Texas legislature. The clock is ticking down every day and we still have not seen any action from the Texas Senate in filing a companion bill to HB 357. Please contact your state Senator and politely but firmly express your hopes they will act in support of our rights.

 

[benenglish]

...from what I recall the issue was that the carry laws in California (or maybe Hawaii, I imagine both have the same issue) were so onerous that it effectively prohibited anybody from legally carrying...

This is relying on possibly faulty memory, so take it with a grain of salt.

Many years ago, when I had reason to research this in some depth, the concealed carry licenses in Hawaii were beyond rare. At one point, there was literally just one in the entire state. It had been issued to the civilian armorer for the Honolulu PD.

California has never been that bad. There have always been plenty of rural places with reasonable values where a license could be obtained by normal people. AFAIK, Hawaii has always been much, much worse.

 

[Younggun]

I’ve always viewed Hawaii and the communist district of the United States.


The more I learned about it, the more I disliked it.


Sent from my iPhone using Tapatalk

 

[benenglish]

The more I learned about it, the more I disliked it.

I'm with you, ultimately. What gets me is the loss of potential. One of the best (only?) shooting ranges in Hawaii, one that was active for 200 meter pistol competition some 40+ years ago, was inside the crater of a volcano. They had a perfect natural berm.

To be fair, Koko Head is still gorgeous.

And they have plenty of facilities.

Hell, the state even still has a high school with a rifle club. Nevertheless, no matter how gorgeous the place is, the conditions placed on shooters who want to exercise their civil rights there are so onerous I couldn't handle them.

That lovely club, for example, feels the need to expressly forbid butterfly knives on the premises. I kid you not. Also not allowed? Suppressors, unregistered long guns, unregistered pistols, pistol magazines holding more than 10 rounds, switchblade knives, gravity knives, and in what I am sure is a triumph of common sense that's preventing a criminal bloodbath on the streets of Honolulu...electric guns. Whatever TF that means.

My hat is off to those shooters who are willing to do all the work required to exercise their civil rights in Hawaii. They are made of stronger stuff than me.

To get this back on topic - See how even paradise can be ruined, incrementally, by government encroachment on basic civil liberties? Recognize the dangers, folks, and fight every fight you can. Fight for constitutional carry in this state. Fight for the bump stock restraining order. Fight whichever issues touch your heart.

Just don't get complacent. You can easily wind up as birds in gilded cages, as our Hawaiian brethren have discovered.

 

[Dash Riprock]

This is relying on possibly faulty memory, so take it with a grain of salt.

Many years ago, when I had reason to research this in some depth, the concealed carry licenses in Hawaii were beyond rare. At one point, there was literally just one in the entire state. It had been issued to the civilian armorer for the Honolulu PD.

California has never been that bad. There have always been plenty of rural places with reasonable values where a license could be obtained by normal people. AFAIK, Hawaii has always been much, much worse.

You're probably right. I think I'm remembering this case as being from the 9th Circuit, because it was so shocking that the 9th Circuit would rule in such favor of the 2nd Amendment, and assumed it pertained to California.

Regardless, it's an interesting and encouraging legal argument and I'd love to see the SC expand it nationwide.