Wednesday, January 11, 2017

Thirty-eight special

Last week, Representative Richard Hudson (R-NC-8) introduced the Concealed Carry Reciprocity Act of 2017.

.38 Special Revolver
Ironically, the bill number is H. R. 38. Now is that just a coincidence, or was that bill number planned? At any rate, the number should be easy to remember when you contact your representative.

What would this bill do?

In a nutshell, if you live in a state that issues (concealed) handgun carry permits/licenses, and have a valid one, it would be valid in all states and Washington, D.C. If you live in a state that doesn't issue or require permits*, your driver's license would validate your legal ability to carry in all states plus the District.

Another provision of the bill would open up areas under the jurisdiction of

  • the National Park System
  • the National Wildlife Refuge System
  • the Bureau of Land Management
  • the Army Corps of Engineers
  • the Bureau of Reclamation

I am sorry to see it doesn't include Post Offices and property administered by the Tennessee Valley Authority (TVA)**.

Included in the bill are provisions for recovery of damages-

  • When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee. 
  • A person who is deprived of any right, privilege, or immunity secured by this section . . . may bring an action in any appropriate court . . . The court shall award a plaintiff prevailing in an action . . . damages . . . including a reasonable attorney’s fee. 

OK, some will argue that this should be the left to the states, and support their argument with the Tenth Amendment. I would counter with asserting that the Second Amendment is equally valid, and it is time for states such as New Jersey to cease jailing citizens from other states for the othewise exercising the otherwise benign natural right to carry a defensive weapon. Why should states continue to negate that right guaranteed by Second Amendment?

What's next?
Get your Representative's and Senator's local and Washington numbers on speed dial. Be prepared to pepper them with calls and emails.

*"does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes."

**. . . although President Trump could take care of this January 20.

11 comments:

  1. It should include post offices and TVA property controlled boat launches. I'm tired of worrying about my handgun on my side every time I go into a US post office or use a TVA launch facility to go fishing. I am retired law enforcement and do try to follow all the laws that I, at one time in my career, enforced but find it extremely difficult to live by now.

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  2. Gary;

    Ditto's and thanks for acknowledging the cast-system that we have.
    Why can some citizens (badged) be able to do many things that are illegal for the common citizen to do?
    While I respect, even admire LEO's for doing things which are dangerous to ensure a civil society, allowing them to flash a badge while being off-duty, a regular citizen, means they are 'Super-Citizen'. I have a (retired now)relative who would drive over 90mph between Knoxville and Atlanta monthly and brag about how if stopped he would just flash his badge and continue.
    Ok, enough, back to subject.

    YEAH!!!!!

    We need this legislation to pass. Just like a drivers license, but MORE important. Driving is NOT a 'RIGHT', yet ones (state granted privilege)license is recognized in all 50 states.
    Unless someone has had their rights terminated (how is this possible?) they MUST be recognized and defended in every state.

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  3. I always contend that "later law supersedes earlier law", but the 2nd and 10th amendments were passed as a package, so neither is "earlier", thus the following is still valid, Tenth Amendment objections to the contrary notwithstanding ;-)

    http://dispatchesfromheck.blogspot.com/2010/04/how-to-write-decision-in-mcdonald-v.html

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  4. Is the Constitutional Concealed Carry Reciprocity Act Constitutional - Its a Trojan Horse..

    The bill is a dastardly trick and a Trojan horse for institutionalizing licenses, permits, national ID cards, etc.

    And the end game of all those licenses, permits, national ID cards and such is eventual confiscation of all arms.

    And after that extermination.


    Here is the 2014 edition: https://www.congress.gov/bill/113th-congress/senate-bill/1908/text

    Also, the federal government has no constitutional authority to make ANY laws dictating who may and who may not carry arms; or under what circumstances people may and may not carry arms across State borders! Arms control of the people is not an enumerated power!

    video on arms, here it is: https://vimeo.com/60944105

    State concealed carry laws which require a "permit" is an idea crafted in the pits of hell. The real purpose is to register gun owners! People think it is so cool to have a permit for concealed carry - they don't understand that it is like the free sample of heroin.






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    Replies
    1. But then you repeat yourself.

      Silly wabbit, have you read the 2017 bill? There is no national registration in that bill. It also includes a provision, as noted, for recognition of residents of Constitutional Carry states.

      No, I don't like permits. Yes, you could write a book on ideas crafted in the pits of Hell, but that one has already been written.

      As it stands, Tennessee recognizes permits from all states. This bill, if passed, would simply require all states to recognize Tennessee permits, or Tennessee Constitutional Carry when it passes.

      ...plus the other items noted in the column.

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  5. We actually need Federal Preemption for all guns that can be owned. A state should not have any registration or laws more restrictive than Federal law.

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  6. Surrendering your right to self defense to the congress is almost the stupidest idea I’ve ever heard. Respectfully, we aren’t losing, why throw a hail-mary pass. Our ground game is killing them. We have legislatures in at least 35 states backing down to our demands, judges are finally forced to recognize the individual right, we are winning 1000’s of new shooters a week, state after state is going permit-less. Why risk it? What possible good can come from having the congress attaching itself to your firearms? We don’t need their “help”. I agree that it would be funny to poke the California and Massachusetts legislatures and attorney generals in the eye but for what? This can’t end well, it just can’t. Everything government touches becomes corrupted. In five years when Shumer is speaker of the house then what? I’ll tell you what; the feds will withhold highway funds (the usual threat) unless SMART guns are mandated. And that’s a best case. Why oh why would anybody want to even suggest congress do anything except go die. Trillions of dollars in debt with no end in sight by known categorical psychopathic liars and control freaks. Would you let them in your house? Would you leave your children alone with them? Why are you giving them your rights? Name one single thing, ever, in the history of mankind that government gave back to its people after taking it. Name it. This path is fraught with danger and WILL BE DESTRUCTIVE TO YOUR LIBERTY.

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  7. Good analysis from Sebastian:
    http://www.pagunblog.com/2017/01/16/the-constitutional-authority-for-national-reciprocity/

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  8. Analysis from Clayton Cramer:
    https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2890681

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