H.R. 822 - National Right-to-Carry Reciprocity

Status
Not open for further replies.
Joined
Oct 21, 2005
Messages
2,796
.

H.R. 822 - National Right-to-Carry Reciprocity




Does anyone know:



1.) the status of this bill?



2.) what percentage it has of passing?



3.) when it will be decided?





.
 
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security and been there since Feb 28.

My personal feeling is that it will die there.
 
I can't see how it would work. Not all states have CCW (yet). For now, CCW is kinda like marriage laws, left up to each state. If CCW should get to be recognized as a constitutionally protected right (incorporated via the 14th Amen.), then the law would have a chance of being upheld upon judicial review. As of now, even if passed into law, it wouldn't survive judicial scrutiny. Most probably, SCOTUS would find CCW to be within the purview of the states.

Actually, if the issue would make it before SCOTUS (give it 5 years or so), it would be determined by Justice Kennedy. He's the swing-vote on the Court now. The key word in the last sentence was "now." Who knows what the composition of the Court will be in 5 years? And, in 5 years, every state may have CCW rights, which would make it all the easier for SCOTUS to incorporate the "bear arms" clause of the 2A.
 
Actually I would have a problem with the Federal Government having any power, for "good" or "bad", when it comes to firearms.

While it would be nice to word a law such that would force states and cities to recogniize other states CPL's, do you really want the national government to have that power???? it is a power that does not belong to them according to the constitution.
 
Don’t take this as gospel, but my understanding of HR 822 is that is has been introduced every year for the last 5 or 6 years and has never gotten to the floor for a vote. The reciprocity requirement only goes so far as to require states to recognize other states permits to the extent of their own states rights and restrictions. It would not provide any continuity from one state to the next. An overly simplified example; a semi can safely drive at 75 mph across the Arizona desert, but at the state line, it’s not safe for them to travel the California desert at more than 55 mph.

HR 822 would have the same type of application as vehicle laws. It would be a moot point in Illinois, DC, etc., that do not issue CC permits. Then there is the un-addressed issue for states where permits are issued solely on a discretionary basis, states where permits are issued by counties and not necessarily required to be recognized by other counties in that state, and so on and so forth. The only good thing about it is that it would be a step in the right direction.
 
To have any practical effect (beyond forcing otherwise permissive states to recognize out of state permits where they don't already do so), such a bill would have to have a minimum floor for rights while carrying.

While this is theoretically possible, through either legislation or judicial definition/recognition of minimum gun carry rights (I'm thinking the latter is more likely... thank you Alan Gura) enforcement of particular time, place, and manner restriction on carrying would likely have to be fought in the courts a little bit at a time.

Many such individual restrictions would probably be upheld, although several popular ones would probably not. I think the likely test for such restrictions would be as follows:

1. The restriction must be justified by a legitimate government interest
-My personal opinion is that because the general possibility of gun violence unquestionably attends any 2A rights, such potential for violence should not be recognized as a valid government interest... there should be a more particularized showing of government need (i.e. violence is particularly likely in bars moreso than in other locations, security is needed more in places like courthouses and airports, etc.).

2. The restriction must be "narrowly tailored" to achieve that government end (don't use your powers of logical reasoning here... the test is fairly permissive)

3. Perhaps most importatly for gun owners, the restrictions (either by themselves, or--importantly--in the aggregate) must not unduly violate the right to defend oneself such that it cannot be exercised as a practical matter.

Thus, broad and sweeping restrictions on the places where one can carry, such that a person could not reasonably go about their day without violating them, would probably be void. There is probably a justified government interest anywhere the government feels the necessity to provide weapons screening and/or armed security (public airports, courthouses, schools, etc.), wherever there are large crowds likely to be hurt by even a justified use of deadly force (sporting events, parades...perhaps even movie theatres and restaurants), and bars. Private property is almost certain not to have 2A protection for carry... however if such a place is a business open to the public, then the question becomes much closer unless it falls into one of the other exceptions (such as bars, or public buisnesses such as banks that provide their own private security).

There is probably not a justifiable interest in keeping guns out of parks, post offices, most public buildings, and other places that only are only restricted to hamper gun owners or make people "feel" safe and not for valid public safety reasons (again, remembering that the general possibility of violence, without more, is not a valid public safety reason).

My reasoning isn't necessarily my own personal opinion, just what I think the court (in its current composition) would uphold. We would do well, however, to remember that the four justicies in the MacDonald minority showed their absolute willingness to ignore prior precedent when they dissented in that case.

RmeJu
 
Last edited:
Status
Not open for further replies.
Back
Top