NYC CCW case is at SCOTUS!

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  • adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,867
    DE
    Delaware also recognizes Texas, and Arizona, Utah, and Maine as well, all of which I have.

    De, did pass a few more anti-gun laws. But in time those will fold quite neatly. The magazine ban, which is pointless if you have a concealed carry permit they recognize.

    They also started a AWB, as well.

    But give it a year or two, or possibly even less and those two laws will fold quite neatly.
    This may be debatable/subject to interpretation.

    The exclusionary text from the law says "(5) An individual who holds a valid concealed carry permit issued by the Superior Court under § 1441 of this
    title." (emphasis mine)

    A permit with reciprocity in DE may not qualify.


    Del Code has not been updated yet with the new text (takes effect around 8/30/2022). https://delcode.delaware.gov/title11/c005/sc07/#1441

    Here is the bill as signed: https://legis.delaware.gov/json/BillDetail/GetPdfDocument?fileAttachmentId=572634


    Section (j) of 1441 does say the following(underline/emphasis mine):

    (j) Notwithstanding any other provision of this Code to the contrary, the State of Delaware shall give full faith and credit and shall otherwise honor and give full force and effect to all licenses/permits issued to the citizens of other states where those issuing states also give full faith and credit and otherwise honor the licenses issued by the State of Delaware pursuant to this section and where those licenses/permits are issued by authority pursuant to state law and which afford a reasonably similar degree of protection as is provided by licensure in Delaware. For the purpose of this subsection “reasonably similar” does not preclude alternative or differing provisions nor a different source and process by which eligibility is determined. Notwithstanding the forgoing, if there is evidence of a pattern of issuing licenses/permits to convicted felons in another state, the Attorney General shall not include that state under the exception contained in this subsection even if the law of that state is determined to be “reasonably similar.” The Attorney General shall communicate the provisions of this section to the Attorneys General of the several states and shall determine those states whose licensing/permit systems qualify for recognition under this section. The Attorney General shall publish on January 15 of each year a list of all States which have qualified for reciprocity under this subsection. Such list shall be valid for one year and any removal of a State from the list shall not occur without 1 year’s notice of such impending removal. Such list shall be made readily available to all State and local law-enforcement agencies within the State as well as to all then-current holders of licenses issued by the State of Delaware pursuant to this section.

    IANAL
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,757
    Most states even NY, Oregon, Hawaii, California for example. Will allow you to get a permit, or at least allow you to apply if you own a business or home. All you need are various documents to prove one of the two things.

    Yet some states for residency you have to get the states ID or DL, and have a address on that ID or DL in that state. That can present issues for some. Legality? Not something I propose though.

    Since I travel often, it’s just easier for me to obtain a non-Resident LTC from wherever I can. I currently have 10, by the time I finish with previous May issue states I should have 15.

    That will get me everywhere except Hawaii, New York, California And Oregon. Well except for two cities, D.C. and New York city.

    D.C. Is kinda pointless unless you live there, own a business or have family you visit, simply because of lack of places to carry. Although there are two lawsuits currently in play that will change “sensitive locations”. However, for me still not worth it, even after They win both suits.
    Honestly even once sensitive places is fairly settled, I suspect a lot of DC is still going to be off limits. A large number of the museums have armed security/LE presence, metal detectors and bag searches. If anything is going to be allowed to be called sensitive it is places like that where there is controlled entry, armed security present on site, and physical searches. I don’t see museums adding storage or a win on requiring sensitive places to add and maintain storage for firearms.

    Not that there are no other reasons to visit DC. But let’s be honest, you are headed in for work (probably in a federal building, which is almost for sure going to stay sensistive), visit museums and monuments, court, or a protest. Or at least that is what 90% of the people who travel in to DC are doing it they don’t live in the district (yes I know there are many private employers too).

    Maybe one of those might possibly not be sensitive some day. But DC has the best chance that most of it stays sensitive.

    Not that national reciprocity shouldn’t be a thing or inexpensive non-resident permits, whatever. Just that DC is probably going to remain a pain in the buttocks to carry in compared to any American city
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,469
    Most states even NY, Oregon, Hawaii, California for example. Will allow you to get a permit, or at least allow you to apply if you own a business or home. All you need are various documents to prove one of the two things.

    Yet some states for residency you have to get the states ID or DL, and have a address on that ID or DL in that state. That can present issues for some. Legality? Not something I propose though.

    Since I travel often, it’s just easier for me to obtain a non-Resident LTC from wherever I can. I currently have 10, by the time I finish with previous May issue states I should have 15.

    That will get me every

    D.C. Is kinda pointless unless you live there, own a business or have family you visit, simply because of lack of places to carry. Although there are two lawsuits currently in play that will change “sensitive locations”. However, for me still not worth it, even after They win both suits.

    If you get your Md class from an dual certified Imstructor , you can get both MD and DC classes for one price .
     

    FrankZ

    Liberty = Responsibility
    MDS Supporter
    Oct 25, 2012
    3,373
    Ya know, he's always been in favor of citizens carrying. He just lacked the balls to do his job. He supports it, so that's good....right?
    It's like the kid that is sorry they stole something once they got caught.

    And glad he did, essentially, the bare minimum he could do.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,287
    南馬里蘭州鮑伊
    I think if something bad happened to any of them (including the left leaning ones) it may be an Archduke Ferdinand level event. My opinion.

    Seriously, you're comparing those two events? "Apples vs. oranges" isn't even an appropriate saying for that, more like comparing apples vs. truck tires. Your TDS is showing.

    Slow your roll dude. There is a BIG difference between "bowing down" and being "severely beaten down and getting back up for more". Try and guess which most of us here on this board are and kindly stow your steer dung.
    Don't feed the troll. I'm beginning to think he has two accounts that share MANY characteristics and traits: I "Ignored" both.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,287
    南馬里蘭州鮑伊
    He thinks we will believe that he has. We all, including the Wonder Slug, know he hasn't done anything for us ever.
    ..."for" and "to" can be used interchangeably with Fat Larry. He does what's best for HIM to the exclusion of everyone else on Earth. See the Coof Proclamations and the Korean Test Kit Scam he pulled for beaucoup political pointz. Know that he was forced to do this.
     

    Lalez

    Active Member
    BANNED!!!
    Feb 27, 2019
    206
    Russia
    Don't feed the troll. I'm beginning to think he has two accounts that share MANY characteristics and traits: I "Ignored" both.
    Eh.
    Don't feed the troll. I'm beginning to think he has two accounts that share MANY characteristics and traits: I "Ignored" both.
    I think some of you think people from out of state are here “trolling” you guys but really we are not.

    Some of us just cannot fathom how you live in a state that subverts the Constitution so blatantly, so yes I myself use some harsh terms……because it is that important of an issue.

    And I’m not wrong about the bowing down and running, I witnessed friend after friend of my fathers coming over our house in the late 1980’s in Baltimore County telling him how “we’re moving to Harford County, Carrol County, WV, VA, PA” you name it………it happened and happened A LOT. Gun culture went bye bye in MD.

    Not trolling, lived it.

    It’s great you guys are now shall issue. A lot of work to be done with the gun culture issue in general.
     

    Raineman

    On the 3rd box
    Dec 27, 2008
    3,551
    Eldersburg
    Not trolling, lived it.
    Yeah? What were you doing in '86/'88 for Referendum #3? What group of folks were you hanging out with to testify in the House and/or Senate in for FSA2013? How many years have you actually testified in Annapolis? How many times have you been thrown out by a tyrant? Why did you move further than your friends who had "bowed down and ran away"?
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    This may be debatable/subject to interpretation.

    The exclusionary text from the law says "(5) An individual who holds a valid concealed carry permit issued by the Superior Court under § 1441 of this
    title." (emphasis mine)

    A permit with reciprocity in DE may not qualify.


    Del Code has not been updated yet with the new text (takes effect around 8/30/2022). https://delcode.delaware.gov/title11/c005/sc07/#1441

    Here is the bill as signed: https://legis.delaware.gov/json/BillDetail/GetPdfDocument?fileAttachmentId=572634


    Section (j) of 1441 does say the following(underline/emphasis mine):



    IANAL
    I have a DE lawyer looking into it as well. I noticed that when I read it as well.

    Makes you wonder… the way it reads is only a DE permit, yet…
    so we will see. The De lawyer I spoke with says alot of it is up to how the State AG wishes to interpret the law and what direction he gives to the prosecutors and LEO’s of the state.

    Personally. Until all the Mag Cap Bans have been eliminated… because Maryland and New Jersey are border states. I will just carry my 10 round mags, and carry about 6 of them! Lol

    I see the Mag Cap bans though falling pretty quickly here in the next 6 months though.

    Once Duncan v Bonta and ANJRPC v Bruck, and Washington and the RI cases, as well as the new one in Maryland get decided… Then except for NY maybe the rest of the states will go without much fight for fear of being sued themselves. Then again I could be wrong.
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    Honestly even once sensitive places is fairly settled, I suspect a lot of DC is still going to be off limits. A large number of the museums have armed security/LE presence, metal detectors and bag searches. If anything is going to be allowed to be called sensitive it is places like that where there is controlled entry, armed security present on site, and physical searches. I don’t see museums adding storage or a win on requiring sensitive places to add and maintain storage for firearms.

    Not that there are no other reasons to visit DC. But let’s be honest, you are headed in for work (probably in a federal building, which is almost for sure going to stay sensistive), visit museums and monuments, court, or a protest. Or at least that is what 90% of the people who travel in to DC are doing it they don’t live in the district (yes I know there are many private employers too).

    Maybe one of those might possibly not be sensitive some day. But DC has the best chance that most of it stays sensitive.

    Not that national reciprocity shouldn’t be a thing or inexpensive non-resident permits, whatever. Just that DC is probably going to remain a pain in the buttocks to carry in compared to any American city

    That’s basically what I have been saying all along and is one reason I won’t bother getting one from DC, I don’t work there, I don’t have relatives that live there. So if I go, I am going to see my state legislatures, or going to see the places visitors go see. Eat at some of the restaurants. Well if I take mass transit, where will I store my firearm when I want to go in somewhere that bans them? I really don’t want to drive and figure out where I am going to park, or even pay the fees for parking. (I have been to DC many times) so it isn’t worth the effort for me anyways. Be different if I had family to visit, or worked there, or even lived there. But honestly you couldn’t pay me to live there! Lol.
     

    Fedora

    Active Member
    Dec 16, 2018
    125
    Honestly even once sensitive places is fairly settled, I suspect a lot of DC is still going to be off limits. A large number of the museums have armed security/LE presence, metal detectors and bag searches. If anything is going to be allowed to be called sensitive it is places like that where there is controlled entry, armed security present on site, and physical searches.
    The cost of that guarding / detecting / searching would minimize it's (national) effectiveness.

    I think I'd take that trade. And afterwards press for fewer guards, not as many metal detectors, and only random purse searches.
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,695
    Carroll Co.
    Ya know, he's always been in favor of citizens carrying. He just lacked the balls to do his job. He supports it, so that's good....right?
    And he waited until today to make the announcement. I mean, June 30 is when Frosh told Hogan that Frosh was incorrect this whole time and the law was in fact unconstitutional. Hogan supports gun owners so much, he lacked the balls to do his job, and even then waited a few days to announce that G&S is gone.

    So I’m wondering, if Frosh was wrong about Hogan being able to make the call, and he was wrong about the constitutionality of the CCW law, what else is he wrong about? He’s looking even more incompetent now.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    31,180
    And he waited until today to make the announcement. I mean, June 30 is when Frosh told Hogan that Frosh was incorrect this whole time and the law was in fact unconstitutional. Hogan supports gun owners so much, he lacked the balls to do his job, and even then waited a few days to announce that G&S is gone.

    So I’m wondering, if Frosh was wrong about Hogan being able to make the call, and he was wrong about the constitutionality of the CCW law, what else is he wrong about? He’s looking even more incompetent now.
    IIRC, Frosh told Hogan that Hogan couldn't remove G&S by executive fiat.

    With all the champagne corks flying around, and drunken partiers stumbling over their keyboards, I'll never be able to find the Frosh letter, though. Moot anyway.

    Rule of thumb. Frosh is always wrong about your rights.
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    And he waited until today to make the announcement. I mean, June 30 is when Frosh told Hogan that Frosh was incorrect this whole time and the law was in fact unconstitutional. Hogan supports gun owners so much, he lacked the balls to do his job, and even then waited a few days to announce that G&S is gone.

    So I’m wondering, if Frosh was wrong about Hogan being able to make the call, and he was wrong about the constitutionality of the CCW law, what else is he wrong about? He’s looking even more incompetent now.
    He is definitely wrong about the mustache. It does not give him the ability to fly an F/18 at Mach 1.8, nor does it give him the power to deny gun owners their right.
     

    6-Pack

    NRA Life Member
    MDS Supporter
    Jan 17, 2013
    5,695
    Carroll Co.
    He is definitely wrong about the mustache. It does not give him the ability to fly an F/18 at Mach 1.8, nor does it give him the power to deny gun owners their right.
    I picture him doing about 50 MPH on a bi-wing plane with a scarf with that mustache of his.

    Now if we can get FSA 2013 overturned, we’ll be on our way (but not quite all the way) to restoring our rights.
     

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