SCOTUS – Vermont – Rhode Island – Washington - Delaware Updates

[Gary Slider]

SCOTUS has overturned New York’s May Issue laws. It will be awhile before NY and most likely the other May Issue states update their laws and issuing regulations for issuing Permit/Licenses. All the states that are May Issue have very limited places off limits and will most likely follow what DC did and have a huge list of places we will be unable to carry even under their new Shall Issue Laws/Regulations.
https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf

Vermont Governor has signed a bill that updates their Magazine Ban Statute Per Bill S 4 which now allows for bringing higher cap mags into the state by non-residents for shooting matches. https://legislature.vermont.gov/Doc...4/S-0004 As passed by the Senate Official.pdf

Rhode Island Governor has signed S2653 and companion bill H6614 which bans magazines that can hold over 10 rounds. Residents have 6 months to meet the requirements in the new law. http://webserver.rilin.state.ri.us/BillText/BillText22/SenateText22/S2653.pdf
http://webserver.rilin.state.ri.us/BillText/BillText22/HouseText22/H6614.pdf

Washington The Governor has signed a Magazine Ban. Residents that have these mags can keep them but can’t buy/sell or bring any more into the state. Non-Residents can’t bring in any mags holding over 10 rounds. https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Senate Bills/5078-S.E.pdf?q=20220305140501

Delaware has passed a bill but the Governor has not signed it yet but is expected to. This bill bans higher capacity magazines over 17 Rounds.
https://legis.delaware.gov/json/BillDetail/GeneratePdfEngrossment?engrossmentId=25342&docTypeId=6

Handgunlaw.us is in the middle of updating most of the documents on the site to upload July 1. Indiana is going Permitless Carry and several other states have changes in their Statutes that are effective July 1. There is just a lot of work for all these changes. So none of the above changes will be added until July 1 or when they become effective.

 

[LaneP]

The Rhode Island ban is disturbing to say the least, in that it contains zero grandfathering and a six month window in which to dispose of or permanently modify existing devices or face prison/hefty fine as punishment.

 

[bernie]

Doesn't that sound like an illegal taking in Rhode Island?

 

[RickD427]

Doesn't that sound like an illegal taking in Rhode Island?

It may not be. The case law is softening on what constitutes a "Taking."

Please note that the U.S. Constitution only prevents the taking of property, for government use, without compensation. It does not prevent all "takings" of private property.

In the case of the banned magazines, the state of Rhode Island is not proposing to "use" the magazines.

 

[bernie]

Thank you for the clarification Rick. I learned something new today.

 

[galapoola]

NJ Update from the acting Attorney General
"Although the majority’s ruling impacts our century-old justifiable need requirement for carrying firearms, it does not change any other aspect of New Jersey’s public carry law."
The NJ AG will be issuing a guideline to all PDs, namely having to give a "justifiable need" is no longer needed. NJ became part of free America in a small part.

 

[F-111 John]

NJ Update from the acting Attorney General
"Although the majority’s ruling impacts our century-old justifiable need requirement for carrying firearms, it does not change any other aspect of New Jersey’s public carry law."
The NJ AG will be issuing a guideline to all PDs, namely having to give a "justifiable need" is no longer needed. NJ became part of free America in a small part.

You give Acting Attorney General Platkin a short shrift. Please let us bask in his entire statement:

The decision today in New York State Rifle & Pistol Association v. Bruen is bad constitutional law and even worse for public safety. At a time when we are experiencing a nationwide epidemic of gun violence and all-too frequent reports of deadly mass shootings, this dangerous decision makes it harder to combat the proliferation of deadly weapons in our communities and in our public spaces. Plain and simple, the majority’s decision disregards centuries of practice and recklessly enables violence.

New Jersey will continue to take all available steps to protect our residents from gun violence. Although the majority’s ruling impacts our century-old justifiable need requirement for carrying firearms, it does not change any other aspect of New Jersey’s public carry law. To be clear: Carrying a handgun without a permit is still illegal in this state, and all other requirements for obtaining a carry permit still apply.

As New Jersey’s chief law enforcement officer, I want to make clear that my commitment to public safety has never been stronger. My office is working with law enforcement leaders statewide to protect and ensure the safety of all of our residents, and we will continue to enforce our strict, commonsense gun laws that have become a model for states seeking to address the epidemic of gun violence.
​

Nationwide, how many mass shootings have been perpetrated by holders of concealed pistol licenses?

 

[TTv2]

It may not be. The case law is softening on what constitutes a "Taking."

Please note that the U.S. Constitution only prevents the taking of property, for government use, without compensation. It does not prevent all "takings" of private property.

In the case of the banned magazines, the state of Rhode Island is not proposing to "use" the magazines.

It doesn't matter, it's still a violation of the 2nd Amendment and doesn't meet the requirements of strict scrutiny.

 

[Frank Ettin]

…it's still a violation of the 2nd Amendment and doesn't meet the requirements of strict scrutiny.

Except whether a law is unconstitutional I’d up to the Supreme Court and not you. Also, post Bruen strict scrutiny is no longer the test.

 

[RickD427]

It doesn't matter, it's still a violation of the 2nd Amendment and doesn't meet the requirements of strict scrutiny.

Two points in response:

1) The Second Amendment is irrelevant to the point made in response to "Bernie's" posting. The issue that he raised, and that I responded to, was only in regard to the FIFTH amendment's "Takings Clause."

2) Why do you think that "Strict Scrutiny" is relevant anymore?

 

[Master Blaster]

Delaware now has an assault weapon ban, a large capacity magazine ban (over 17 magazine ban except for CCDW license holders), and we can sue gun makers for negligent marketing or sales, or the actions of a 3rd party. All brought to us by Michael Bloomberg and the Moms Demand Action.

Next year we will need a license to buy a handgun and maybe even to own one. BTW the AW ban and the magazine ban went into effect immediately when the Governor signed them on 6/30/2022.

No grandfathering on the magazines. AW owners have to prooove you owned it before the ban. the law mentions a certificate of possession from the police (which does not exist) as proof.