boricuamaximus
Ultimate Member
- Dec 27, 2008
- 6,237
Question:
Can case law from territories be used to support laws against states?
There is a forum that I frequent called shooterspr.com.
Since there are a lot of 2A issues going through the courts now, in PR we have a decent case going to the PR Supreme Court.
A little backround info and quotes (translated)
In PR for you to own a gun you have to have membership at a shooting club just so you can purchase a gun and you can only go from home to the club. There's other levels for your license to own arms but it's possible to get a CCW. However, they will send investigators and all sorts of stuff to see if you're of good character.
I had to redact a few things because there is something that's a little to lawyery for me. Like "We cannot have a premliminary hearing because no one has been convicted of a crime under this valid law" Basically, no legal gun owner has been convicted of this because of course to purchase a gun legally you have to ask for permission.
It also establishes and -I think- it's their main argument that the way the law affects people is that it turns a right into a priviledge because your final approval comes from the head of police.
Here's the link in case you guys want to google translate.
http://www.shooterspr.com/portal/?p=230
It's a good forum too. They have an instant chat feature **hint** and everyone speaks English. So if any of you want to join another forum of battered gun owners it's available.
So back to my question.
PR is a Commonwealth. The title is "The Free and Associated State of Puerto Rico" which is kinda like what the Aussies had because they can make their own laws etc. However, as a territory they have to accept the Constitution as the trump all.
Let's say this goes our way (I think PR is over 100 murders this year already) and we have right restored. Can this case be used to support cases like ours in MD? True, ours is addressing carrying only but Law 140 as I read it involves everything from Permit to own and Permit to carry. The whole thing might get thrown out and people might be able to carry.
Can case law from territories be used to support laws against states?
There is a forum that I frequent called shooterspr.com.
Since there are a lot of 2A issues going through the courts now, in PR we have a decent case going to the PR Supreme Court.
A little backround info and quotes (translated)
In PR for you to own a gun you have to have membership at a shooting club just so you can purchase a gun and you can only go from home to the club. There's other levels for your license to own arms but it's possible to get a CCW. However, they will send investigators and all sorts of stuff to see if you're of good character.
The current weapons law is invalid and requires a revision if not a repeal to be applicable under the criteria of the Supreme Courts decision in McDonald vs. City of Chicago. The law (Law 140) impedes the right established by the Second Ammendment to posses firearms freely in the way stated under the Bill of Rights.
I had to redact a few things because there is something that's a little to lawyery for me. Like "We cannot have a premliminary hearing because no one has been convicted of a crime under this valid law" Basically, no legal gun owner has been convicted of this because of course to purchase a gun legally you have to ask for permission.
It also establishes and -I think- it's their main argument that the way the law affects people is that it turns a right into a priviledge because your final approval comes from the head of police.
Here's the link in case you guys want to google translate.
http://www.shooterspr.com/portal/?p=230
It's a good forum too. They have an instant chat feature **hint** and everyone speaks English. So if any of you want to join another forum of battered gun owners it's available.
So back to my question.
PR is a Commonwealth. The title is "The Free and Associated State of Puerto Rico" which is kinda like what the Aussies had because they can make their own laws etc. However, as a territory they have to accept the Constitution as the trump all.
Let's say this goes our way (I think PR is over 100 murders this year already) and we have right restored. Can this case be used to support cases like ours in MD? True, ours is addressing carrying only but Law 140 as I read it involves everything from Permit to own and Permit to carry. The whole thing might get thrown out and people might be able to carry.