Constitutional or “Permitless” Carry in Play in Several States


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Dean Weingarten
March 14, 2013, 06:01 PM
In spite of the enormous push for more infringements on citizen’s Second Amendment rights by the old media and their “progressive” legislative allies, several states continue to work toward restoring rights lost in the last century’s growth in governmental power.

South Dakota, South Carolina, Utah, Georgia, Montana, and Nevada all have bills pending that would implement Constitutional, or permitless carry.

Utah is the most likely to pass a measure into law first, as veto proof majorities have already passed a bill. It only needs Governor Herbert’s signature to become law. This version varies from other state’s Constitutional carry in that it requires the firearm to be carried with an empty chamber.

In an unusual turn of events, Illinois is on the table for possible Constitutional carry. A federal appeals court ruled that their status as the only state in the country that does not have a provision for carry outside the home is unconstitutional. They have until June 10th to pass legislation to remedy this defect. If the legislature and governor fail to pass a law by the deadline, they could default to Constitutional carry. Some Illinois counties have passed Constitutional carry referendums.

This possibility looms larger because of differences between the state legislature and the Governor. The legislature passed a shall issue concealed carry bill in 2011, but it was blocked by the Governor and his allies. Illinois has an unusual provision in the law that requires a super-majority to pass legislation that is not approved of by Chicago.

If the Governor refuses to sign a shall issue bill into law, the legislature could refuse to pass any carry law, thus defaulting to Constitutional carry, as its statues prohibiting defensive carry outside the home have been ruled unconstitutional.

In 2012, Constitutional carry passed legislatures in Montana, New Hampshire, and South Dakota, but was vetoed by their respective Governors.

Link Utah Constitutional carry

Link Illinois County referendums

Link Chicago Supermajority

Link potential for Illinois Constitutional carry default

Alaska, Arizona, Wyoming, and Vermont already have Constitutional carry.

©2013 by Dean Weingarten Permission to share granted as long as this notice is included.

http://gunwatch.blogspot.com/2013/03/constitutional-or-permitless-carry-in.html

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JustinJ
March 14, 2013, 06:30 PM
Utah is the most likely to pass a measure into law first, as veto proof majorities have already passed a bill. It only needs Governor Herbert’s signature to become law. This version varies from other state’s Constitutional carry in that it requires the firearm to be carried with an empty chamber.

With an empty chamber; where did they come up with that one? Are permit holders currently required to carry with an empty chamber and will they continue to if the bill passes?

Dean Weingarten
March 14, 2013, 06:35 PM
It is a weird turn, but that is what it took to take the bill out of committee. Utah already has open carry without a permit, if no cartridge is chambered.

skimbell
March 14, 2013, 07:20 PM
This is really rich. I live in Illinoisistan. For years this state has been the most backward of the backward when it comes to 2A issues. The elite in Springfield are still thinking that they are going to be able to thumb their noses at Decembers court ruling which directs the GA to get it together and pass a legitimate CC law.
I talked to my state representative the other day and asked him WTH was going on down there and he just shook his head. Like everything else in this "liberal utopia" the GA looks like they are paralyzed in the face of this judicial directive.
My representative, who is a Democrat, told me that the GA may very well not have a satisfactory bill in place by the June deadline and that as a result, Illinois would become a Constitutional Carry state.
Going from one of the most repressive gun rights states in the Union to one of the most liberal overnight will be a beautiful thing!
I love the idea of getting my 2A rights without a bunch of Illinoisy laws, but I am absolutely beside myself thinking about the Three Stooges (Madigan, Quinn and the Dancing Queen Rhamm) who brought this upon themselves.
They will be apoplectic!
Good for them.

mastiffhound
March 14, 2013, 07:45 PM
Would you have to carry a revolver with the next chamber empty? If not I would carry a revolver hands down, I already love wheelguns and this would just push me more towards my favorite handgun type. Even if it was with the empty chamber I can pull a trigger twice alot faster than I can pull, rack the slide, and finally get on target. Yeah, wheel guns for me definately!

gbran
March 14, 2013, 08:35 PM
South Dakota, South Carolina, Utah, Georgia, Montana, and Nevada all have bills pending that would implement Constitutional, or permitless carry.


There will be blood in the streets, just like Vermont!

Dean Weingarten
March 14, 2013, 09:14 PM
The Utah definition of unloaded seems to consist of two parts:

1. No loaded round chambered under the hammer or firing pin,

2. Two mechanical actions required to fire the handgun.

SuperNaut
March 14, 2013, 09:16 PM
Israeli Carry, same as the current open carry law. Good thing I've been drilling!

Matno
March 14, 2013, 10:43 PM
Correct me if I'm wrong, but I thought the Utah bill passed the house with 49 votes and the Senate with 19 votes, both of which are one vote shy of a "veto-proof" majority.

Dean Weingarten
March 14, 2013, 11:26 PM
I understand that it passed both houses by more than 2/3s of the votes cast.

That might be shy of a two thirds majority if all votes were cast.

Matno
March 14, 2013, 11:36 PM
Actually, I think you're right. I think 9 of the committee members were too busy to vote, and they are all pro-gun. Let's hope the governor does his part. I'm not a big fan of his...

BigBore44
March 15, 2013, 01:23 AM
Oh how I would love to see more states pass Constitutional Carry laws. I understand the provision about an open chamber. It would virtually eleminate the occasional accidental discharge. Don't necessarily agree with it. But I for sure don't like being charged a fee (tax) for something thats a constitutional right to begin with. Maybe there is hope for this country after all. If someone will provide links to the governors of states proposing this, I would be more than happy to send emails to all of them.

mrvco
March 15, 2013, 02:08 AM
This is really rich. I live in Illinoisistan. For years this state has been the most backward of the backward when it comes to 2A issues. The elite in Springfield are still thinking that they are going to be able to thumb their noses at Decembers court ruling which directs the GA to get it together and pass a legitimate CC law.
I talked to my state representative the other day and asked him WTH was going on down there and he just shook his head. Like everything else in this "liberal utopia" the GA looks like they are paralyzed in the face of this judicial directive.
My representative, who is a Democrat, told me that the GA may very well not have a satisfactory bill in place by the June deadline and that as a result, Illinois would become a Constitutional Carry state.
Going from one of the most repressive gun rights states in the Union to one of the most liberal overnight will be a beautiful thing!
I love the idea of getting my 2A rights without a bunch of Illinoisy laws, but I am absolutely beside myself thinking about the Three Stooges (Madigan, Quinn and the Dancing Queen Rhamm) who brought this upon themselves.
They will be apoplectic!
Good for them.
That is pretty nuts... Illinois would no longer be a drive-around state when going to visit family... it would be a stay on I-70, CC and get gas, food, etc. state :p

I also revel in the thought of the hardline antis trying to get their head around writing legislation for conceal carry.

It has to be like asking "us" to write an AWB that the antis would approve of and if we didn't, ALL guns would be banned.

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