SCOTUS on firearm reciprocity

[the watcher]

The case of Ms Gardner v Maryland who was forced to defend herself in Maryland, but was charged with illegal gun because Md would not honor here VA permit. They did not rule, just would not get involved, which is kind of lame. I wonder if they would intervene if a state would not honor another state's issuance of cdl licenses to illegals?

 

[1srelluc]

Yeah it sucks but perhaps it was the wrong case to bring to SCOTUS.....It's a purely state's rights issue and would be defeated on those grounds if SCOTUS would have heard it.

 

[TNHarley]

Yeah it sucks but perhaps it was the wrong case to bring to SCOTUS.....It's a purely state's rights issue and would be defeated on those grounds if SCOTUS would have heard it.

How is losing your constitutional rights because of state lines a states right issue?

 

[M14 Shooter]

Yeah it sucks but perhaps it was the wrong case to bring to SCOTUS.....It's a purely state's rights issue and would be defeated on those grounds if SCOTUS would have heard it.

Because, as we all know, the court says states have the right to refuse to recognize same-sex marriages from another state.

 

[TNHarley]

Our Supreme Court fuckin blows. This should have been cut and dry.
This also needs to be ruled on, to shut the tyrants up.

 

[TNHarley]

Because, as we all know, the court says states have the right to refuse to recognize same-sex marriages from another state.

Exactly. Other things are fine but not the 2nd? bullshit

 

[1srelluc]

How is losing your constitutional rights because of state lines a states right issue?

I get it, it sucks, but from what I've read it was not framed properly. You can take the following for what it's worth.

Question:

Is Maryland obligated to recognize licensure from another State?

It really isn't, which is why States have reciprocity agreements, compacts, etc. to begin with.

People cite marriage in this context, but it is not the marriage license being recognized, but the public act ensuing therefrom.

So, Maryland is not obligated to recognize the concealed carry license of another State as such (as a license, without getting into RKBA or other issues).

The other one has to do with the privileges & immunities clause. This clause comes from the original, unamended constitution and was modified by the 14th Amendment (in a way that is not relevant to this case; this situation is covered by the clause absent the 14th Amendment).

The original version of this clause protected the privileges and immunities of citizenship (so its protections only apply to American citizens). It protected them from being denied of citizens of one State while in another State.

So, the privileges and immunities of a citizen from Virginia cannot be denied by Maryland.

These were pretty well fleshed out well before the Civil War and it is a legal term of art predating the founding of this country.

All the 14th Amendment does is expand the protections of this clause to a State's own citizens, so Maryland cannot deny the privileges and immunities of citizens from Maryland anymore than they could Virginians.

One of the privileges covered was some modality of keeping and bearing arms. So a State could not deny a citizen of another State (and since the 14th, its own citizens) some modality of keeping and bearing arms.

I could see this being applicable to this situation provided there is not a way for a non-Marylander to get a non-resident permit. There isn't, so Maryland may well be satisfying the provisions of this clause (or so it could be argued), which would make this plaintiff's argument defective. - Bigstick61 (ARFCOM 2A lawyer)

 

[1srelluc]

It should also be noted that as a Virginian I can transport a gun through MD if I meet their stowage requirements.

Sucks but there it is....That's why I avoid MD in my travels.

 

[M14 Shooter]

Is Maryland obligated to recognize licensure from another State?
It really isn't, which is why States have reciprocity agreements, compacts, etc. to begin with.
People cite marriage in this context, but it is not the marriage license being recognized, but the public act ensuing therefrom.
So, Maryland is not obligated to recognize the concealed carry license of another State as such (as a license, without getting into RKBA or other issues).

States should stop recognizing the driver's licenses from states which do not recognize their CCW licenses.

 

[TNHarley]

It should also be noted that as a Virginian I can transport a gun through MD if I meet their stowage requirements.

There is a federal statute protecting that.

 

[1srelluc]

States should stop recognizing the driver's licenses from states which do not recognize their CCW licenses.

Then you run afoul of the interstate commerce clause....And you know how that's been bastardized over the years.

 

[1srelluc]

There is a federal statute protecting that.

So, MD's draconian stowage requirements for out of staters are within the law.

Believe me, I don't like it either but it is a state's rights issue.

 

[M14 Shooter]

So, MD's draconian stowage requirements for out of staters are within the law.
Believe me, I don't like it either but it is a state's rights issue.

A state does not have the right to prohibit me from carrying a gun.
So, if it will not recognize my permit, it must offer me a permit with the same requirements it has of its own citizens.

 

[1srelluc]

A state does not have the right to prohibit me from carrying a gun.
So, if it will not recognize my permit, it must offer me a permit with the same requirements it has of its own citizens.

As a Virginian I can't get a MD CC permit. It's been well established that they don't have to issue out of state CC permits.

As a 2A guy you should have known this.

State's Rights is a double-edged sword.

 

[M14 Shooter]

As a Virginian I can't get a MD CC permit. It's been well established that they don't have to issue out of state CC permits.

Yeah, but a state cannot deny you the constitutionally protected right to carry a gun, just because you do not live in that state.
This means MD not issuing your a permit, just like IL not issuing me a permit, violates the constitution.

 

[Chuz Life]

How is losing your constitutional rights because of state lines a states right issue?

Are you talking about the Dobbs decision?

 

[the watcher]

If I were a school administrator in Virginia I would have a real problem accepting blindly a kid's transcripts from Baltimore, but there it is.

 

[1srelluc]

Yeah, but a state cannot deny you the constitutionally protected right to carry a gun, just because you do not live in that state.
This means MD not issuing your a permit, just like IL not issuing me a permit, violates the constitution.

Nope, can't say about IL but you can drive around in MD with a gun as long as you are following their stowage laws.

Of course feel free to go to carry in MD and get arrested....Good luck being a test case.

 

[the watcher]

This scotus ruling may lead to reciprocity, may open up wild west days again. The whole nation is one Big Beautifull fed v states contest now.