Getting very confused about firearms laws in different states...

[saturno_v]

What the 2A actually guarantee to me as minimum right in all states??


Is so confusing to have to track every law in every state if I take a road trip....
From my understand, for example, you have practically NO GUN RIGHTS in Illinois or NY (you need permits issues by the state, at the will of the state). is basically no different than any European country over there..

So what are, at minimum, you practical gun rights in a states like NY, Illinois or California??

What part of the 2A some state legislators do not understand?? It seems very clear to me...

Sorry for the rant but the labyrinth of all these byzantian laws, rules and regulation has the practical effects of discouraging gun ownership.

Thanks.

The 2A shoud be my concealed permit...period.

 

[Quiet]

Currently, the Second Amendment only applies to the Federal government.

So, until SCOTUS says otherwise (McDonald v Chicago ), state/local governments can legally infringe upon it.

McDonald v Chicago will decide if the Second Amendment is incorporated and applies to state/local governments.

If SCOTUS rules that it does, then every state/local gun law can be challenged in court for being unconsititutional.

 

[TexasRifleman]

What the 2A actually guarantee to me as minimum right in all states??

Nothing. The Second has only been applied to the Federal Gov. The others in the Bill of Rights have been "incorporated" to apply to the states but the 2nd has not yet. Late June if things go our way.

What you get that's consistent through all 50 states is something called "FOPA", the Firearms Owners Protection Act. That Federal law gives some protection to traveling with a firearm.

Locked in a case, unloaded, not accessible. Other than that it's state by state. FOPA only works because of Interstate commerce.

 

[Gary Slider]

But stopping in NY, IL or MA with a firearm is the gray area. Stopping for gas or eating would most likely not effect your traveling status. But stopping and spending a night in a motel or stopping at a friends house subjects you to the laws of the state you stop in. You are no longer traveling. Plus some states have rules on bringing higher capacity magazines into their state. Even traveling may not protect you from this law. Then you have the so called Assault Weapons that some states do not allow. Bringing one of these into the a state even while traveling could get you arrested. Even if the 2nd Amendment is incorporated these laws will still be on the books and most likely valid.

 

[saturno_v]

Thanks for clarifying guys.

So the 2A has yet to be incorporated in all states individual constitutions if I understood right.


Let's keep out fingers crossed.