How do we get a National Right to Carry Law enacted?

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The first hurdle is that the House operates on a simple majority, but the Senate requires a three-fifths majority to overcome a filibuster.

The second hurdle is that two-thirds majorities are required in both the House and Senate to overcome a potential Presidential veto.


Thank you for the informative and factual post.

I'm not intending to be argumentative, but,... I go back to...If we have roughly 10 anti States and roughly 40 neutral to pro 2A States, in theory we should have more than 3/5th's & 2/3rd's needed if we can get more of the neutral states to support us.

Tommy Lasorda said something like - All of the teams lose a third of their games and all of the teams win a third of their games. Its the other third that makes the difference.

So we need to target the neutral and, probably to a lessor degree, the pro states.




Republicans took control of the Senate in 2014

Today to get something passed without any support from the opposing party you need a simple majority in the House, 60 votes in the Senate, and the Presidency. That is for pure partisan votes. If you can craft a bill that people in both parties will support than it gets much easier.

However, to do that you have to:
A. Give your representatives permission to talk to members of the other side
B. Realize that you won't get everything you want. Compromise will be involved.

Thanks for the thoughtful post.

In regards to the # of votes needed, please see my reply above.

I agree about drafting a Bill both sides can to agree on (should) makes it easier.

My thought though is that may be part of the problem for it not passing. Kind of splitting hairs, we need to draft a Bill that our side can support and that enough of the neutral states can support to over power the anti's.



danez71,

First of all I did read over the National Carry bills links that were posted.

Second the Federal Government has no authority to regulate conceal carry in the States.

I suggest that while your cause is noble you are politically naive.

Laws are enacted either as a stand alone bills or as amendments (riders) on other bills. Stand alone Bills are easier to understand and to voice your opinion over.

It is common to attach unpopular things, for example pay raises and perks for Members of Congress, to larger Bills that are hard to oppose such as Defense Spending or the current spending bill fight. These riders are the result of compromises to get support, often added at the 11th hour with no discussion or debate and buried so deep in the massive bill it may not be discovered until three months after it was passed.

So my point is this. A National Carry Bill is passed. Later political power in Washington shifts and the anti 2A's know that that a stand alone gun control bill will not pass. However many MOC are coming up for reelection so they want to pass a big spending bill to bring some pork barrel projects to their Districts and improve their popularity. To achieve that they agree not to oppose a amendment (rider) on the Bill for closing a "loophole" in the original carry law.

Sound familiar?

In regards to Sam1911 point that a negative action must follow the first just take a look at the EPA. It passed because everyone wants safe drinking water. Look at what it has envolved into. It didn't happen overnight but it has happened.

You can suggest that I'm politically naïve but since you didn't post anything I don't already know, I would suggest you are, at minimum, no more politically savvy than I.

When the EPA was created, it specifically delegated power.

If you've read and understood ALL of the proposals link by Frank, you may understand that these bills don't do that.

Its a completely non-applicable analogy.


As Sam pointed out and alluded to, and I'll paraphrase, the courts rulings on the 9th and 10th suggest they do have the authority

If you're not actively working to get those decision reversed, then you should be actively working to use those ruling to your advantage.


I'll repeat, if the fear of the Govt taking away more of your rights is so paralyzing to you that you choose to not to fight for your rights, you are already defeated.




But the National Right to Carry Law would be essentially useless for Vermont residents because they would not be able to carry in any other state that requires permits...

.

If you take the time to read them....

One of the bills covered that specifically (I believe that was in the 35 page pdf bill). Basically it says for if your states issue permits then you have to have one to be honored in the other states. If your state doesn't require permits to be issued, the other states still have to honor your right to carry.



It will if said Federal carry permit law says no open carry and/or required 1000 hours of training.

It's the Supremacy Clause. Federal law trumps state law every time. So if your state already has a gun law that is less restrictive than whatever new Federal law comes out, your state law is essentially voided.

Alaska is in the same position. We allow OC and CC with no permitting process of any kind. I doubt that is going to pass any Congressional committee or open floor debate.


Alaskan, I appreciate your meaningful post about the 10th.

But this post is baseless because, as its been pointed out a few times now, the bills proposed are NOT for a National Permit, they've been for National Reciprocity.

That's a big.. huge!... difference.

If such a bill were to be introduced for a national permit... I'd likely be very against it too. But that's not the case in any of the bills introduced linked since 2007.



Perhaps this entire thread should be moved to the "activism" forum so that it can be discussed in its proper context of a legislative proposal weighed against Constitution intent, as the Legal forum is restricted to established and settled case law where posts based on Constututional theory of intent are not permitted to remain.


I thought the same thing and posted as such in post# 8 back when the thread was originally posted in the General section. :eek:


I also think this should be moved to the "Activism" section which has been terribly slow recently.






Fellow members, I'm not saying that I'm the world best constitutional lawyer or that I'm the smartest guy/gal here.

But the the overwhelming number of posts in argument against are.... well let me quote the wise Sam1911:

If the subject here was "establishing federal mandatory standards for carrying a gun" I'd be completely in agreement, but seeing as no such thing has been proposed, the loudest shouted opposition is simply baffling.


I wouldn't doubt that some here such as Frank and Sam1911 can really educate me why this might not be do-able.

But so far, I'm only astounded by the number of people here that claim they want their gun rights back but are too afraid of might happen as suggested by no one in govt.

The fear is so paralyzing to some that they apparently would rather give up.


Thank goodness that wasn't the overwhelming case in the 1700/1800/1900's otherwise this might not be the USA, slaves would still be around, and your wives and daughters would not be able to own property or vote.




Now... I need to go do some yard work. :eek:
 
It looks like there has been a national right-to-carry reciprocity bill introduced in Congress regularly since 2007...........

We're not exactly flying blind here. We've been failing at this for at least eight years. What can the proponents of a national right to carry learn from how and why we've been failing?

The bills linked are typical show bills. Bills introduced by a legislator to show his constituents that they are doing something on the issue but that the legislator knows have no chance of becoming law.

What would be needed to move this forward? As a stand-alone bill likely some sort of minimum standard for training.

How do we get it passed without watering it down to get more votes? Attach it as an amendment to some other bill that needs to be passed. That likely means that the other side will also attach something to the bill that is important to them but can't get passed as a separate bill. That tradeoff may be related or may be completely unrelated. That is why the big bills passed by congress have so many completely unrelated riders and amendments. It is typical horse trading: I won't fight your amendment if you won't fight mine, etc.

That is how we got concealed carry in National Parks back in 2010.
 
TimSr said:
Perhaps this entire thread should be moved to the "activism" forum so that it can be discussed in its proper context of a legislative proposal weighed against Constitution intent, as the Legal forum is restricted to established and settled case law where posts based on Constututional theory of intent are not permitted to remain.
This thread is discussing real world ways to address the question -- not pie-in-the- sky "we'll wave a magic wand and courts will strike down [what we believe to be] unconstitutional laws and we'll all elect legislators and executives who adhere to [our understanding] of the Constitution."

The thread is about things that could actually work.
 
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As Sam stated, they basically say that all states must honor all of the other states' permit.The person must follow the States' laws that they are present in and they have to have a valid CCP and a valid Govt issued picture ID. That's it !!!

I have "bolded" the part of this statement that I am having trouble with.
If this is true, the whole thing is a piece of meaningless clap-trap as it doesn't really change anything other than being just another piece of "feel good" legislation.

Example, currently I have a WA carry permit. It is not recognized by Oregon because WA law does not equate to Oregon law on carry permits. However, I can get an Oregon permit as a non-resident by going through their training requirements and paying their fee for the permit. How is the proposed National RTC Law going to change this if I still have to follow the State law of the State I am in? At best it might mandate that all States have to offer their carry permits to all non-residents that will meet the fees and training requirements in that State. Once again, those States that have May Issue laws or ridiculous requirements and fees will still be effectively closed to outsiders unless they jump through all of the hoops being required.

And, by the way, I do not appreciate being lumped as a FUDD just because I'm not in lock-step with the proponents of a National RTC law.
 
How do you feel this idea will be affected by the 10th Amendment, which reserves all powers not expressly granted to the Federal Government to the individual states?

Most people who advocate nat'l reciprocity usually fail to consider the constitution and legal precedent. If there was a chance that it could work in the legal climate of today the restrictive laws in NY and other states would already have been struck down by the supreme court. But they haven't been. Mostly the SC won't even hear the cases. If by the off chance a nat'l reciprocity bill did make it through congress and the pres signed it, states will challenge the legislation using 10A and likely exempt themselves. In other words the state would have to agree to the terms to begin with just like they do now with reciprocity.

I think the best one could hope for would be an amendment/rider to a Federal spending bill, such as an omnibus of some sort, related to crime. For example, one would get a rider on a bill allocating Federal funds for law enforcement (or anything really) stating that a condition for receiving the funds is the passing of a shall issue CCW law in the state. (That's how No Child Left Behind works, and that's how we got speed limits back in the day.)

You could try that but states will just opt out and forego the funds. They have done that in the past with transportation bills. Metric signing was one where the fed mandated compliance or lose funding. States wanted the fed to pay for it as it was a fed mandate but the fed refused. States shrugged their shoulders and said I guess the fed highway standards are no longer relevant in this state. The fed backed down and we still have miles instead of kilometers.

Now in the spirit of this proposal, just so I don't get called a FUDD (take that trash talk someplace else), I will offer a suggestion along these lines. For any proposal to be valid it has to be funded. People don't like change and if something is changed, with additional cost to them, they want to see some benefit to the additional cost. So first figure out what the benefit is and then try to sell it. That's marketing 101. Is there value in a fed reciprocity law? How much time and money is it going to cost me to carry in every state with one permit? What are the conditions? Because it's a fed law is the FBI going to administer the permits or is the fed gov't just going to pass another underfunded regulation and let the state try to deal with it?

The change to metric in this country would have been a very good thing but it didn't have any legs because congress couldn't find a way to fund it. Seems to be an ever increasing problem these days.
 
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How is the proposed National RTC Law going to change this if I still have to follow the State law of the State I am in?

A national right to carry law would require states to accept all concealed carry permit as valid in all states. The law related to what is required to get a permit would not apply because you already have a permit and it is now valid.

However, the laws concerning the actually carrying of a concealed weapon would still be left to the states. Things like gun free zones, whether alcohol can be consumed while carrying, firearms in employer parking lots, etc.
 
Is there value in a fed reciprocity law?

Yes, you get to carry in all 50 states

How much time and money is it going to cost me to carry in every state with one permit?
That depends on if there is a new Federal permit or states are simply required to honor permits issued by other states. If it is the later, then no additional cost beyond what it current takes to get a permit in your state today.

What are the conditions?

You must follow the laws in the states you carry

Because it's a fed law is the FBI going to administer the permits or is the fed gov't just going to pass another underfunded regulation and let the state try to deal with it?

If we are talking about accepting permits issued in other states it doesn't cost the states a dime. How much does it cost for Oregon to accept a driver's license issued in Washington? Nothing.
 
Post 55 has very valid points that don't seem to be addressed much in this thread.
It's the main issue with states that are the biggest hurdle and the current discussion hardly deals with the prohibitions faced in them.
How many states require the documentation of your carry guns on the permit? I know there are a few.
How many require days of class and range time to qualify to carry in their state? I know there are a few.
My point has been that the states most wish to have reciprocity imposed upon will be the most difficult if not impossible states in which to comply and that is under their current laws. I believe there would be a mountain of legislation in those states to impose further barriers to non residents.
That is not FUDD that is the reality of politics in anti gun states.
 
The Drivers License analogy really doesn't hold water as pointed out in post #49.
The driver requirements in all States are similar, with few exceptions. This can't be said about carry permits.
What would it take for all States to have similar carry permit requirements, and what would they look like? (Someplace between New York and Vermont/Alaska.) I'm afraid there would be more losers than winners. Until a happy/unhappy middle ground can be compromised to, I don't see this proposal going anywhere.
 
As Sam stated, they basically say that all states must honor all of the other states' permit.The person must follow the States' laws that they are present in and they have to have a valid CCP and a valid Govt issued picture ID. That's it !!!

And what are they going to do when they are present in New York State and NY State Law dictates that only a New York State permit is valid (which they can't get). And only some counties issue carry permits. Even if you get past that part somehow, a NY State State permit is not valid in New York City.

New Jersey issues carry permits under very, very limited conditions. If you are lucky to get one, that means you are a security guard that requires it with both the police chief and a superior court judge signing off on it after an exhaustive process or you are some very important person. That is NJ law, how are you going to get around NJ law if that what it prescribes?

The solution is what we needed to do years ago and that is to pay more attention to anti-gun states and donate to pro-gun politicians in those states and take an activist approach like if we lived there in hopes of getting the laws changed. Some have argued that the NRA threw NJ and NY under the bus years ago in order to work to pass pro gun legislation in more favorable states. What are we actively doing to change that perception? How can we throw out long term anti-gun politicians in New York and California?

Would passing an National Reciprocity Amendment to the Constitution work if you get a majority of the states to vote for it? Right now NJ, NY, CA, MD, HI, MA, RI and IL are viewed as anti-gun states. It would be a safe bet to say that these anti-gun states would vote against it. However 42 states would probably vote for it.

What consequences would there be if we had an National Reciprocity Amendment to the Constitution?

How long would it take?

How much would it cost?

What is involved to start the process?

How would you deal with states like NJ, MD and HI that still refuse to issue carry permits to it's residents? Someone from NJ would be still be unable to carry anywhere because their state refuses to issue them a carry permit? If NJ residents were able to get Florida or Utah permits, could they then use those permits in NJ if the National Right to Carry law was passed?

And what about existing law in various states? Would that change? This does concern many because in some states no permit is needed for open carry. And some states no permit is needed for concealed carry.

And for crying out loud we need that 1000 foot GFSZ (Gun Free School Zone) nonsense done away with. Right now the only people who are protected are those that have a carry permit in the same state that the school is located in. IF we are going to have a National Right To Carry Law we need to abolish the GFSZ or amend it to allow anyone from any state that has a carry permit.
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And that is a question of nuts and bolts functionality. How exactly will this work?

The most current bill says:
“(b) The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so.

So that would at least appear to say, laws regarding your eligibility to carry a gun do not apply to you. Exactly what would be included in the list of negated laws would have to be worked out through the courts, of course.
 
A national right to carry law would require states to accept all concealed carry permit as valid in all states. The law related to what is required to get a permit would not apply because you already have a permit and it is now valid.

Then the law in some states would have to be changed by the state legislature or the DC's/SC would have to rule that states rights have no bearing in a federal law forcing them to comply. That could be a stretch because generally they rule in favor of states doing whatever they want regarding firearms statutes. As long as it doesn't totally restrict the right to keep arms as it did in Chicago you won't be getting much help from the courts here.

You must follow the laws in the states you carry

And this is where the wheels come off.

Is that just the state laws you choose or all of the laws of the state regarding permits and CC. I'm not following this logic. The constitution has to be amended here or the courts have to rule. I'm not saying it can't be done but my question to you would be exactly what are you going to base your right to CC in every state on without meeting the requirements of that state to do so? Do you honestly think the district courts are going to reverse themselves?
 
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This thread is discussing real world ways to address the question -- not pie-in-the- sky "we'll wave a magic wand and courts will strike down [what we believe to be] unconstitutional laws and we'll all elect legislators and executives who adhere to [our understanding] of the Constitution."

The thread is about things that could actually work.

Thank you Frank for that clarification.

I have been deliberately refraining from posting to do more listening and analyzing than talking and criticizing. I don't have much to offer on how to specifically overcome the many obstacles to creating a National Right to Carry Law. I can offer what follows in regard to the three areas I presented for a discussion of what we can do as common citizens at the grassroots level of politics.

The minimum we want:

I guess the simplest answer is to be free of concern of breaking the law when carrying a firearm upon our persons in public spaces, in our automobiles, and wherever we temporarily reside while in any state in the union. That does not seem like much to ask for, but of course it is in today’s American society. It may not be in a future American society if we first set our aim on a smaller target. Perhaps the smaller target should Federal reciprocity legislation enabling legal carry if in compliance with a state’s existing CCW permit requirements while carrying. The responsibility in compliance while carrying is on the person carrying.

Tactics for overcoming political obstacles:

The first political obstacle that needs to be overcome is the talk that creating a National Right to Carry Law (NRCL) is an impossible or undesirable task. Few things are politically impossible if enough effort and time is applied to make them possible. Some people are concerned that the firearm freedoms enjoyed in their state will be lost. Reciprocity does not impose restrictions on carrying in your home state, it eliminates restrictions on non-residents carrying in a state. We should be expressing optimism not pessimism. Reciprocity does not negatively effect other firearm freedoms for using various weapon types, ammunition, etc.

One of the biggest obstacles to be overcome is distraction and failing to be consistent in message. Support for a NRCL should be priority number one and some of the time that would otherwise be spent on other gun issues given to supporting the NRCL. Focus must be maintained on a presenting a consistent message and on a NRCL being the number one priority.

Motivating Political Leaders:

We are already doing something that can motivate political leaders; we are discussing in this public forum what we want. We can also let the gun press know we want articles promoting a NRCL to be increased in their publications. At every opportunity to speak to non-gun people who ask questions about guns we should explain the need for reciprocity that a NRCL would provide.

What the common people and grassroots organizations are talking about can influence political leaders. Certainly not as much as mega-million dollar contributions from corporations, but the talk of the common people and grassroots roots organizations can receive enough publicity to influence the actions of government and corporate entities.

I am sure many more actions than what I posted above could be taken to support the enacting of a National Right to Carry Law. It is very obvious from many posts there are many complex legal obstacles to be overcome to which we do not have the answers and probably obstacles we don’t yet see. Remember this thread is about what common people at the grassroots level of politics can do. People at far higher political levels can find ways to overcome the most complex of legal obstacles. With over 200 years of precedent showing how politicians and judges find capacity in the U.S. Constitution to create new laws increasing and decreasing freedoms I think they can find a way to enact a NRCL. They just need to be motivated to do so. Please make suggestions and remember just talking frequently and consistently in support of a NRCL it is a huge step in the right direction.

P.S. I received a PM today from a THR member who shall remain anonymous. The last two lines of that PM are: “ We can influence politicians. I know this from my decades in political public service.”
 
The Drivers License analogy really doesn't hold water as pointed out in post #49.
The driver requirements in all States are similar, with few exceptions. This can't be said about carry permits.

The requirements to get a driver's license vary more than you might think. Some states require a practical driving test, others only a written test. The minimum age for an unrestricted license varies from 16 years to 18 years old.

However, if I got my license in a state that does not require a driving test, my license isn't invalid when I cross the line into a state that requires one. Likewise a 16 year old with a unrestricted license can drive in a state that doesn't issue an unrestricted license until the age of 18. Once you have the license, the individual states' laws to get a license do not apply.


Likewise, if a national concealed carry reciprocity law was passed, a concealed carry license issued in Alabama (were the only requirement is to fill out a form and send in your money) would be valid in California. For interstate travel a license would be a license no matter where that license was issued.
 
That's certainly true. There would be a tiny devil in the details regarding laws which ride a fine line between restrictions on who can get a permit, and the details of how, when, and where (any)one may carry.

Examples might be the question of only carrying certain kinds of guns, or guns approved and "on your permit." That one probably wouldn't hold, but others might. Hard to say, and it would have to be sorted out in the courts.

To take it to the outrageous absurd, as a thought experiment, a state could theoretically pass a "carry" law that effectively restricted lawful carry to a tiny number of places: gun ranges, gun stores, and more than 1,000 feet from any residence or occupied building, for example. That would make carry technically "legal" but practically impossible. Would that prompt a federal court challenge to show that the state is not actually in compliance? It would appear that under the bills as written, no, so long as that was what the citizens of that state were stuck with, then anyone else visiting would be similarly limited. Would any states try (and succeed?) to do that? Would their citizens stand for it? I don't know.


Fortunately, these sorts of either minute or extreme, questions are probably quite unlikely to be any sort of realistic stumbling block to the process. Mere crumbs to get shaken out of the fabric as we, as a country, adapt and move forward.
 
Yeah, NV was the only one that came to mind, and I know that's done with, so that example might be evaporated already.
 
Yeah, NV was the only one that came to mind, and I know that's done with, so that example might be evaporated already.
California does that. Its more than two but they have to on the license. Despite what you hear sometimes it is possible to get a concealed carry license in many counties in California . Some are "almost" shall issue.
 
To be honest a nat'l reciprocity bill would assume that everyone should have a permit to carry. Some states have abandoned that concept all together or never had it. Maine recently went to constitutional carry joining 5 other states. When you consider that 9 states have may issue (no shall issue) that's a pretty wide chasm right there.

Having nat'l reciprocity is like forcing a may issue state into a form of shall issue. Granted, the residents of that state still have to comply with may issue, everyone else can carry if they have a permit issued in another state. That would include people like myself who had to do nothing but get a back ground check to get a permit.

Personally I'm spending my time working for constitutional carry. With all of this talk about nothing impossible we might as well just start off on our journey with the top of the mountain as a goal instead of a lower peak. I don't want a nat'l reciprocity bill, I want what 5 states already have, a right to carry without a permit. There are enough gun control laws in existence now without adding any more. Start repealing them instead of making more. That's my goal.
 
With all due respect, with the large portion of Americans that don't like guns or at least do not want them carried in public, the fact that many gun owners, including myself, would also be against it no matter what was proposed, and the fact that in reality, I don't believe that there will ever be enough votes in Congress to over come opposition, I truely believe there's not that can be done. This is just wishful thinking.

Unless one can somehow find standing to get a case before the Supreme Court and they in turn find that a National Right to Carry is covered under the Constitution, then I see no other way of forcing this through.
 
So you'd be ok with the SCOTUS deciding it is the law of the land, but not Congress making it the law of the land?
 
Sam1911 said:
So you'd be ok with the SCOTUS deciding it is the law of the land, but not Congress making it the law of the land?

I would rather the SCOTUS decide that carry (concealed or otherwise) is an inherent part of our Second Amendment right than have Congress make a law that stretches the commerce clause to encompass another aspect of firearms regulation.
 
So you'd be ok with the SCOTUS deciding it is the law of the land, but not Congress making it the law of the land?
No, I'm not for it either way no matter who would approve it, but what I'm saying is that SCOTUS saying it's a constitutional right is the only way it could be forced through being that the votes and support for such a thing is not and will not be there anytime in the foreseeable future. Many gun owners and most Liberals are against it. Many largely populated states with would be against it too. Short of a SCOTUS decision, I don't see it happening. Seems like wishful thinking on our behalf, but that's just my opinion.
 
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Having nat'l reciprocity is like forcing a may issue state into a form of shall issue.

Is that a bad thing?

Personally I'm spending my time working for constitutional carry. With all of this talk about nothing impossible we might as well just start off on our journey with the top of the mountain as a goal instead of a lower peak. I don't want a nat'l reciprocity bill, I want what 5 states already have, a right to carry without a permit. There are enough gun control laws in existence now without adding any more. Start repealing them instead of making more. That's my goal.

Getting constitutional carry is a great goal. Do you realize that is the equivalent of climbing to the summit of Mount Everest? Nobody makes that climb without making many stops on their climb for lengthy periods of time to acclimate to conditions and prepare for the assault on the summit. Try to think of the nation spending some time living with the reciprocity provided by a National Right to Carry Law as being similar to the time spent by climbers at base camp acclimating to effects of higher altitude. Even after doing that on Everest there are still several base camps to reach before conquering the summit. Climbing to the top of Mount Everest is obviously not impossible but it is impossible to reach the summit of Mount Everest in one non-stop climb. Reaching the level of freedom provided by constitutional carry in one non-stop climb is in my opinion a near impossibility.

You want laws repealed? Why not make many of them so irrelevant with the passage of one law that you do not have to fight multiple battles to get each one of them repealed?
 
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