Hoffman v Cali: non resident ccw suit started

[delaware_export]

The ball is rolling. Per fpc twitter link

 

[delaware_export]

I figure they’ll fight, probably eventually lose. But the. Require you go through their extensive and expensive licensing RIPOFF

 

[press1280]

Long overdue. Now waiting for NY, IL, and Denver.

 

[Bertfish]

CA won't issue permits to non residents? If so then DE needs this treatment too.

 

[KingClown]

I wish we could just get a good SCOTUS case the challenges permitting period. Maybe we can atleast force states to honor eachothers permits. You know like they do with drivers license's they so often like to compare gun permits to

 

[P-12 Norm]

I wish we could just get a good SCOTUS case the challenges permitting period. Maybe we can atleast force states to honor eachothers permits. You know like they do with drivers license's they so often like to compare gun permits to

This is as it should be.
IANAL, but I thought the 10th Amendment required
states to honor each others permits, just like driver's licenses. Not sure why this is, are the resident lawyers able to answer the why?

 

[Harrys]

CA won't issue permits to non residents? If so then DE needs this treatment too.

But at least DE has reciprocity.

 

[press1280]

But at least DE has reciprocity.

Unlicensed open carry would probably undercut that, also DE has reciprocity and recognizes permits where the holder is a non-resident. Probably wouldn't be the best place for a lawsuit.
In addition to the places mentioned above, Oregon has some towns with open carry bans, and they don't issue non-resident CCWs to anyone not a resident of a bordering state. So that would be another possibility.
I suppose if someone were challenging nationwide we could get a plaintiff that travels all over the place for work for example and is paying thousands in license and redundant training fees to maintain a wallet full of CCWs.

 

[Allen65]

Unlicensed open carry would probably undercut that, also DE has reciprocity and recognizes permits where the holder is a non-resident. Probably wouldn't be the best place for a lawsuit.
In addition to the places mentioned above, Oregon has some towns with open carry bans, and they don't issue non-resident CCWs to anyone not a resident of a bordering state. So that would be another possibility.
I suppose if someone were challenging nationwide we could get a plaintiff that travels all over the place for work for example and is paying thousands in license and redundant training fees to maintain a wallet full of CCWs.

I wonder if some Texans who wanted to CCW in Oregon would be able to demonstrate nexus in 5CA, so they could sue there rather than 9CA? There's no point filing suit in 9CA; the outcome would be predetermined.

 

[press1280]

I wonder if some Texans who wanted to CCW in Oregon would be able to demonstrate nexus in 5CA, so they could sue there rather than 9CA? There's no point filing suit in 9CA; the outcome would be predetermined.

I don't think so. They could file in OR state court as a potential option. But if we wanted this to go back to SCOTUS, it would require a loss somewhere in all likelihood to create a circuit split.
The main problem with CA9 is they take forever, not to mention if the 3 judge panel actually ruled correctly you know it would go en banc and waste another year.

 

[Allen65]

I don't think so. They could file in OR state court as a potential option. But if we wanted this to go back to SCOTUS, it would require a loss somewhere in all likelihood to create a circuit split.
The main problem with CA9 is they take forever, not to mention if the 3 judge panel actually ruled correctly you know it would go en banc and waste another year.

In order to have a split, we'd need a clear appellate win somewhere, wouldn't we? None of the states in the 2A-friendly appellate diatricts would pass any of these sorts of laws for us to challenge.

 

[press1280]

In order to have a split, we'd need a clear appellate win somewhere, wouldn't we? None of the states in the 2A-friendly appellate diatricts would pass any of these sorts of laws for us to challenge.

True but there are other circuits where, if you get the right plaintiff you would have a situation where they are effectively blocked from carrying.
For example, in Philadelphia as well as for car carry throughout PA, a permit is required. That permit must be a reciprocal resident permit. Well a VT resident has no option then as their state has no permit period. That's the 3rd Circuit where we'd have a better chance of winning.
Denver also has an OC ban, and CO won't honor a non-resident reciprocal permit. If you aren't a resident of one of CO's reciprocal states you are SOL in Denver (see this case https://casetext.com/case/peterson-v-martinez ) 10th Circuit for that case
Also as I mentioned for Oregon, which has some town OC bans like Denver, if their state supreme court rules on the issue that will factor in similarly as a circuit opinion.