NYC CCW case is at SCOTUS!

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  • rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,739
    Columbia
    The state of Maryland needs to, if NYSRPA wins relegate the issuing authority down to the sheriff's office. Won't happen but that is what they should do.

    Nobody


    That would be nice but in a county like Howard or Montgomery you’d have to deal with the local PD instead


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    Nobody

    Ultimate Member
    Jan 15, 2009
    2,859
    That would be nice but in a county like Howard or Montgomery you’d have to deal with the local PD instead


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    Howard and Montgomery don't have Sheriff offices?

    You learn new every day

    Nobody
     

    MJD438

    Ultimate Member
    MDS Supporter
    Feb 28, 2012
    5,854
    Somewhere in MD
    Howard and Montgomery don't have Sheriff offices?



    You learn new every day



    Nobody
    They both do have Sheriffs and associated deputies. They have, like most other Sheriffs departments in the state, a mix of deputies on the enforcement/patrol side and those on the corrections/court side.

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    lazarus

    Ultimate Member
    Jun 23, 2015
    13,747
    They both do have Sheriffs and associated deputies. They have, like most other Sheriffs departments in the state, a mix of deputies on the enforcement/patrol side and those on the corrections/court side.

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    In both, the Sheriff is generally in charge of landlord/tenant law enforcement and the jail/court security. General law enforcement is the responsibility of the police department. So generally the chief law enforcement officer in both is consider the chief of police, not the Sheriff. No way SCOTUS just says "county sheriffs determine permits". It would require a state law delegating the authority to sheriffs.

    I don't particularly care who issues permits, state or local level. But either way, it needs to be shall issue, and ideally recognize permits from other states.
     

    Fedora

    Active Member
    Dec 16, 2018
    125
    I don't particularly care who issues permits, state or local level. But either way, it needs to be shall issue, and ideally recognize permits from other states.

    This.

    If the 2A applies nationwide, it seems reasonable that state requirements should be (reasonably) uniform. Thus, any LTC from any state, regardless of residence, would be recognized.
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    This.

    If the 2A applies nationwide, it seems reasonable that state requirements should be (reasonably) uniform. Thus, any LTC from any state, regardless of residence, would be recognized.

    That would be great, and maybe the Justices will say something in their opinion to force the issue of national reciprocity. But I highly doubt it.

    I am aware of several suits waiting to get filed AFTER SCOTUS issues their opinion to challenge the various states on reciprocity. Several as in filing in multiple different circuit court areas. Against the worst of the States that refuse to accept any form of reciprocity, such as Hawaii, California, Illinois, Maryland, New York, New Jersey, washington D.c. and Massachusetts
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,920
    WV
    That would be great, and maybe the Justices will say something in their opinion to force the issue of national reciprocity. But I highly doubt it.

    I am aware of several suits waiting to get filed AFTER SCOTUS issues their opinion to challenge the various states on reciprocity. Several as in filing in multiple different circuit court areas. Against the worst of the States that refuse to accept any form of reciprocity, such as Hawaii, California, Illinois, Maryland, New York, New Jersey, washington D.c. and Massachusetts

    They are suing over reciprocity or just those states that won't issue permits to non residents (which would only be CA, NY, HI, and IL for 46 states)?
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,920
    WV
    The state of Maryland needs to, if NYSRPA wins relegate the issuing authority down to the sheriff's office. Won't happen but that is what they should do.

    Nobody

    How come? What would we gain by that?

    Some counties like Garrett may gain, others like PG and Montgomery may lose.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,262
    Outside the Gates
    He's walking away before his world crumbles to the ground.

    The question is, who will try to pick up the torch and run with it?

    I've heard that Katie and sweet Anthony are both interested


    There is no requirement that states be consistent with anything allowed by the Constitution; it doesn't matter how logical, convenient, or nice it would be.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,262
    Outside the Gates
    That would be great, and maybe the Justices will say something in their opinion to force the issue of national reciprocity. But I highly doubt it.

    I am aware of several suits waiting to get filed AFTER SCOTUS issues their opinion to challenge the various states on reciprocity. Several as in filing in multiple different circuit court areas. Against the worst of the States that refuse to accept any form of reciprocity, such as Hawaii, California, Illinois, Maryland, New York, New Jersey, washington D.c. and Massachusetts

    Reciprocity is not within the scope of the case before the court. There will be nothing relating to it, there is no maybe.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,849
    Bel Air
    Reciprocity is not within the scope of the case before the court. There will be nothing relating to it, there is no maybe.

    However, establishing carry outside the home as a right all Americans enjoy will not allow much wiggle room for the States, will it?
     

    clandestine

    AR-15 Savant
    Oct 13, 2008
    37,032
    Elkton, MD
    At least States like MA, MD, CT, NJ, RI and Washington D.C. issue Non Resident Permits.

    States like NY, CA, CO, and HI don't.

    IL and OR have stupid laws that only allow residents from certain States to apply for a non resident permit.

    Beyond the whole "cause" BS, where you live effects what permits you can acquire.
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,747
    However, establishing carry outside the home as a right all Americans enjoy will not allow much wiggle room for the States, will it?

    It might. However, I think there is a strong legal argument that the current SCOTUS could buy, that if permits must be shall issue. Then other states need to recognize other states permits. That was part of Obergfell. Other states recognize other states marriage and driver’s licenses.

    The best you can maybe say is an argument that similar requirements could be required to make the states permits/licenses equivalent.

    So it might be possible MD could dodge it by saying “well, WV is constitutional carry, so there is nothing to recognize”

    Or “well your state just requires a background check and a permit fee we require training. So we won’t recognize your permit”.

    That would likely be some place like MD’s best chance of fending it off, is to accept permits from other states that are “as stringent”.
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,740
    Gaithersburg, Maryland
    Thomas has a reputation for quick opinions. Heck he peobably already had it written he just needed to pull it from the shared drive and do minor edits.

    I am booking my CCW training now.

    Why do we need training and why do we need a permission slip from the state to exercise our 2A rights? I don't need permission from the state to exercise my 1A rights let alone a permission slip that says what I can do, when I can do it and how I can do it.
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,740
    Gaithersburg, Maryland
    Oh I'm sure he's probably thinking about some way they can make the permit process more onerous than it is now, even putting G & S aside.
    The MSP might welcome the decision as there really wouldn't be a need for interviews and the permit review board would likely also not be needed. All they would need is some desk clerks to simply process applications and mail out permits.

    I am keeping an eye on Jamie "The Constitutional Law Expert, Gun Grabber, *******" Raskin when the decision comes out. If it is decided our way then I hope his head explodes.
     

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