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Old October 17, 2011, 09:52 PM   #15
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
Quote:
Originally Posted by secret_agent_man
Quote:
Originally Posted by Al
I can see certain States passing legislation that enacts a "General Carry License" that is very restricted in where you can carry and where you can not. To keep certain people happy (the elite), they can also pass a Special Carry License" which would allow those folks to carry most anywhere.
Maybe you can see the above, but I have not seen a SCOTUS ruling on the degree of scrutiny as applied to gun rights. Such as you suggest will not survive strict scrutiny, should strict scrutiny apply. Who knows at this point?
In case you didn't follow it, the passage of H.R. 2900 would moot all the current carry cases. How is that, you ask? Because since anyone could carry in any State with any carry permit, the Courts would never have to decide if the right to carry extended beyond the home. With the (now) sole exception of Illinois - and that would be remedied very quickly.

That's why I gave the scenario of a "may issue" State, legislating a "general" carry permit and a "special" carry permit. Should that be attacked in court, it would only require a rational basis review. As we all should know, almost every law passes that form of review.

H.R. 2900 does not contain the statutory exception that an out of State permit would be granted the same restrictions as the least restrictive license that a State might have. Language that is in H.R. 822, BTW.

Quote:
Originally Posted by Hardcase
How do driver's licenses work?
All State issued drivers licenses are valid in all 50 States because, way back when, all the States executed reciprocal agreements. The Feds never had a thing to do with it (One can readily see that with the REAL ID Act. Here the feds are coercing the States to comply. They do not mandate it, as they cannot).
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