Manchin-Toomey deal could trump state carry laws

[platoonDaddy]

Interesting twist

The proposal essentially grants states "reciprocity" regarding concealed carry provisions.

In other words, the provision would grant gun owners the right to obtain a firearm and a concealed-carry permit in their home state, then use the permit to carry and conceal the firearm in another state.

Though many states have laws on buying firearms and concealed-carry permits, the federal provision, if adopted, could trump state laws. (MOM probably is shitting his pants!)

http://http://www.foxnews.com/politics/2013/04/13/manchin-toomey-deal-could-allow-gun-owners-seller-to-carry-sell-across-state/?test=latestnews

 

[mac1_131]

I wonder if it would allow non-resident permits to have the same reciprocity

anyone read the text?

 

[BeltBuckle]

well, now that the spotlight's been lit up on the provision you can bet Feinstein and the sheeple will rally to kill it. Lot easier to stop something getting through Congress than to succeed in getting something through. Great idea, though (if it could be separated from the associated nonsense...).

 

[sykesville]

Problem is, MD is not Shall Issue, so non-applicable for MD residents outside of the GS crowd

 

[swinokur]

If the Feinstein AWB amendment is accepted, the entire bill will go down the toilet IMO.

Reciprocity would be nice, but not at the expense of having a ban on many weapons and mag limits.

 

[MadCat0911]

Feinsteins amendment shouldn't make it past the house.

 

[ShallNotInfringe]

I wonder if it would allow non-resident permits to have the same reciprocity

anyone read the text?

Yes i read it in entirely, as well as the main bill, S 649. There is no such thing in the text. It does allow for a person who has a CCW in one state to forego the background check in other states, based on the standards applied by the issuing state. (edited for better clarity, see notes below).

Edit: the Manchin-Toomey amendment includes a universal national "TRANSPORT" code. Almost identical to MD's. People are confusing "transport" and "carry" terms. This is to avoid the current, take it out, put it back, put the ammo in the front seat/back seat every time you cross state lines. I can imagine states that have more lenient transport laws to oppose the language.

*** With all this talk about "gun control", I haven't heard one politician say how they plan to take guns away from criminals ***

 

[platoonDaddy]

I love the idea of 'legally' carrying between states, BUT I detest the Fed's trumping state rights!

 

[MadCat0911]

I love the idea of 'legally' carrying between states, BUT I detest the Fed's trumping state rights!

I'm just going to point out that you're in Maryland. Do you really want state's rights here?

 

[Brooklyn]

Feinsteins amendment shouldn't make it past the house.

Or the senate. It did not make it out of committee. If it gets a vote at all Reid of Nevada may answer for it. And it will still fail in the house or at worst the court. And the dems will risk losing the senate.

 

[BeltBuckle]

I love the idea of 'legally' carrying between states, BUT I detest the Fed's trumping state rights!

States do not have the right to trump INDIVIDUAL rights, and I am 100% in favor of the Feds trumping states that attempt to do so. As the founders clearly intended. YMMV...

 

[flyingblind]

They could let me carry everywhere in the US sorry still no deal for me.

 

[md123]

Ddeannohnson just posted a very thorough analysis. He concluded that there is no such provision (required reciprocity) in the senate legislation

 

[Abacab]

The Manchin-Schumer-Toomey bill should be shot like Manchin did with cap and trade.

 

[ddeanjohnson]

Yes i read it in entirely, as well as the main bill, S 649. There is no such thing in the text. It does allow for a person who has a CCW in one state to forego the background check in other states, if the purchasing state agrees.

Not "if the purchasing state agrees," but if the permit was issued "only after an authorized government official has verified that the information available to such officlal does not indicate that possession of the firearm by the unlicensed tranferee would be in violation of Federal State, or local law." This probably means that the exception applies if a state makes some effort to determine whether a person is disqualified from possessing firearms, before the carry permit is issued, which most if not all do. Thus, it is not a question of what the state in which the sale occurs may agree to -- it's a question of the standards applied by the state that issued the permit to the would-be buyer.

 

[ddeanjohnson]

Interesting twist

The proposal essentially grants states "reciprocity" regarding concealed carry provisions.

In other words, the provision would grant gun owners the right to obtain a firearm and a concealed-carry permit in their home state, then use the permit to carry and conceal the firearm in another state.

Though many states have laws on buying firearms and concealed-carry permits, the federal provision, if adopted, could trump state laws. (MOM probably is shitting his pants!)

http://http://www.foxnews.com/politics/2013/04/13/manchin-toomey-deal-could-allow-gun-owners-seller-to-carry-sell-across-state/?test=latestnews

Fox News and CNN both got this completely wrong. See my summary of the key provisions of Manchin-Toomey that relate to firearms transfers and background checks, especially paragraph no. 5, here:
http://www.mdshooters.com/showthread.php?p=2350498#post2350498

 

[Docster]

So another thread started with information that is likely absolutely wrong.......based on a Fox News article....

We could avoid blindly believing Fox and do some analysis ourselves before posting this stuff

 

[Brooklyn]

I love the idea of 'legally' carrying between states, BUT I detest the Fed's trumping state rights!

No more states rights than a driving Lic. All state laws would still govern the actual carrying of firearms and that is messy enough

 

[dblas]

I love the idea of 'legally' carrying between states, BUT I detest the Fed's trumping state powers!

FIFY

States do not have rights, they have powers, go back and re-read the 10th Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Rights are for the people.

 

[ddeanjohnson]

I love the idea of 'legally' carrying between states, BUT I detest the Fed's trumping state rights!

http://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act#The_law_and_its_amendments