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"I don't want the Feds in my CCW!"
Because WOOKIE?
The best that I've seen pried out of them for a reason is a worry about what the Feds will do with standards.
We've seen something of this before with the national standards for commercial driver's licenses.
Aside: National CDL's came about from people who'd been banned from driving from multiple violations just getting a license from a different state. This is not something that can really happen with CCW. Something that disqualifies you from having a CCW generally also bars you from possessing a firearm too, so it's not like someone could be convicted of a felony in Florida and run out and get a Utah permit.
The thing is, that wrong Congress isn't going do small moves like that. They're going to repeal it.
Say what you will about the anti-gunner Congresscreatures, they've large wedding tackle when it comes to submitting bills.
National CCW reciprocity will be much like the freedom of movement provisions of FOPA. The states that ban guns will simply ignore the Federal law and jail people.
UPDATE: There's weak provisions in this bill to help prevent it from being ignored, but I recognize this language from someplace else. I need to find it. IIRC the problem is that the burden of proof will be on the CCW carrier and relief could come years later, and after a conviction for violating some local statute. No where does it actually punish any person for violating the rights of the carrier.
I'd love to see a Floridaesque statute that puts the burden on the individual officers and legislators who violate the law and make them personally liable, and unable to use public monies for their defense! All pre-emption laws should have such.
Even if the problem ban-states comply, this isn't a bad thing. There will be a media and gun-banner pushed spate of them screaming, "there's unqualified people from out of state being allowed to carry GUNS in our state and we can't do anything about it because we're being FORCED by the Federal Government to let them!" Until, just like every place that suddenly allowed CCW, nothing happens.
Again.
No blood in the streets. No gunfights over parking places and fender benders. Again and still.
Aside: Don't you also love how the anti-gun side will embrace Federalism when it comes to an expansion of gun freedom?
Of course they will... sigh
ReplyDeleteThere is recourse if a state decides to go FOPA ignoring with this bill (Pages 3-4.)
ReplyDelete‘‘(d)(1) A person who is deprived of any right, privi-
20 lege, or immunity secured by this section, under color of
21 any statute, ordinance, regulation, custom, or usage of any
22 State or any political subdivision thereof, may bring an
23 action in any appropriate court against any other person,
24 including a State or political subdivision thereof, who
1 causes the person to be subject to the deprivation, for
2 damages or other appropriate relief.
3 ‘‘(2) The court shall award a plaintiff prevailing in
4 an action brought under paragraph (1) damages and such
5 other relief as the court deems appropriate, including a
6 reasonable attorney’s fee.
This would be a lawsuit in federal Court. And I would love to see added that no taxpayer's money be used to pay the penalties and fees but that they must come from the individual's pockets.
http://docs.house.gov/billsthisweek/20171204/BILLS-115HR38-RCP115-45.pdf
ORLY? That must be where my eyes crossed from trying to read it.
DeleteThe other thing that I wondered about, but haven't looked far enough to answer, is whether this overrides other state gun laws. Does this mean that a travelling person doesn;t have to meet local gun ownership laws - for instance, to carry in NJ or Mass, will you have to also have a firearm owners ID card that allows ownership of a gun? In Hawaii, will you have to register the gun with the local police the way you would if you bought it there? Will everyone be subject to local magazine/ model/ feature/ ammo limitations?
ReplyDeleteThat's in the section before my eyes crossed.
DeleteYes. It overrides the local laws with regards to gun/magazine/ammo! Which is why I think that it's going to be ignored just like the FOPA provisions where you're supposed to be able to pass through with violating guns.