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Hudson Bill (CCW reciprocal) (Read 54894 times)

suka

Re: Hudson Bill (CCW reciprocal)
« Reply #60 on: January 05, 2017, 01:17:22 PM »
Quote from: zippz on January 05, 2017, 01:09:00 PM
Maryland requires this.  If you want to register a handgun you already own, you apply for a permit and give the firearm to the police to hold on to.  Once your permit is cleared, the police give back the gun and then you register it.

I'm traveling to Maryland next week and wanted to bringing my gun.  I looked at the gun laws there and I changed my mind.

Opened carry in Ohio , W. Virginia  and Penn, but as soon as i got to  Marylands boarder pulled over and locked up my guns.

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sethaddison

Re: Hudson Bill (CCW reciprocal)
« Reply #61 on: January 07, 2017, 08:41:10 AM »
Quote from: suka on December 07, 2016, 06:03:47 PM
Im a legal resident in PA,
have a PA resident State ID,
PA permit to carry,
registered handgun in Hawaii,
10 round mag.

As soon as that law takes effect I would be legal to carry in Hawaii.


Would not know if all cops here will comply , and get arrested.


I was thinking about that. Every year when we have to file our state income taxes, there's the place for a part time resident.
I figured all someone would have to do is get a state ID in Vegas with their Cousin's house address and get CCW for Nevada. The was that law sounds(and I am no lawyer) you would be able to carry in Hawaii.  Showing your out of state ID and CCW.

I can see it now come April 20th, the Hawaii Dept of Taxation scratching their heads at 100k new part time residents on their N15, almost all of them showing self employment in the other state...


Sent from my iPhone using Tapatalk
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eyeeatingfish

Re: Hudson Bill (CCW reciprocal)
« Reply #62 on: January 07, 2017, 07:22:22 PM »
Used the automated system to send out an email. We'll see if I get any response from whats her face....
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changemyoil66

Re: Hudson Bill (CCW reciprocal)
« Reply #63 on: January 09, 2017, 08:56:31 AM »
Spoke to a guy in Hudson's office and he didn't know Hawaii was a may issue.  Told him about the concern for out of towners having to register their guns when visiting due to our laws.  Let him know that they may want to look into that issue.  Said he would let DC know.  Also told him it is the responsibility of the gun owner to know the laws before they travel, but if someone is visiting here for 4 days, they're not going to want to carry because they have to register their gun.

Thanks Suka for the heads up on this issue.
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punaperson

Re: Hudson Bill (CCW reciprocal)
« Reply #64 on: January 09, 2017, 09:46:05 AM »
Some people point to the following language in the bill as exempting visitors from Hawaii's mandatory 72 hour registration requirement. Because a visitor could not legally be "in possession" of a firearm after 72 hours, this language would seem to exempt people from that illegality and arrest/prosecution. I'm sure it's "debatable", and wouldn't hurt to have specific language regarding immunity from any jurisdiction's registration requirements. Imagine the line...

‘‘(c)(1) A person who carries or possesses a concealed
handgun in accordance with subsections (a) and (b) may
not be arrested or otherwise detained for violation of any
law or any rule or regulation of a State or any political
subdivision thereof related to the possession, transpor-
tation, or carrying of firearms unless there is probable
cause to believe that the person is doing so in a manner
not provided for by this section.
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zippz

Re: Hudson Bill (CCW reciprocal)
« Reply #65 on: January 09, 2017, 03:44:42 PM »
Might be worthwhile to write Representative Tulsi Gabbard to support this.  She was stalked for several years by a crazy guy before going to congress.
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Heavies

Re: Hudson Bill (CCW reciprocal)
« Reply #66 on: January 09, 2017, 03:56:44 PM »
Quote from: zippz on January 09, 2017, 03:44:42 PM
Might be worthwhile to write Representative Tulsi Gabbard to support this.  She was stalked for several years by a crazy guy before going to congress.
Tulsi doesn't think civilians need guns.
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zippz

Re: Hudson Bill (CCW reciprocal)
« Reply #67 on: January 09, 2017, 03:59:07 PM »
Quote from: Heavies on January 09, 2017, 03:56:44 PM
Tulsi doesn't think civilians need guns.

She may think the opposite from stuff I've heard.
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Heavies

Re: Hudson Bill (CCW reciprocal)
« Reply #68 on: January 09, 2017, 04:02:44 PM »
Shared from hispdvic..


Congress Introduces National Concealed Carry Reciprocity
http://blog.cheaperthandirt.com/day-1-congress-introduces-national-concealed-carry-reciprocity/
Quote
To ensure that our Second Amendment right does not disappear when we cross state lines, Rep. Richard Hudson (NC-08) introduced the Concealed Carry Reciprocity Act of 2017 with strong support by major pro Second Amendment groups. This legislation will:
•Ensure that valid concealed carry permits issued in one state are valid for carrying concealed handguns in other states that recognize their own resident’s right to concealed carry;
•Allow those from constitutional carry states the ability to carry in other states that recognize their own resident’s right to concealed carry;
•Put the burden of proof clearly on the state to show that an individual carrying concealed did not comply with the law, thus protecting law-abiding gun owners from onerous civil suits;
•Provide legal protections against states that violate the intent of this bill, making attorney’s fees and damages available to victorious plaintiffs in civil suits, as well as to defendants who prevail in criminal cases; and
•Allow individuals who are carrying concealed to do so in the National Park System, National Wildlife Refuge System, and on lands administered by the Bureau of Land Management, Army Corps of Engineers and Bureau of Reclamation.

Each state retains the authority to determine regulations for carrying within their borders, as well as for the carry permits or licenses that are issued under their law.

This legislation prioritizes the rights of law-abiding citizens to concealed carry and the ability to travel freely between states without worrying about conflicting state codes.
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macsak

Re: Hudson Bill (CCW reciprocal)
« Reply #69 on: January 09, 2017, 04:18:56 PM »
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Heavies

Re: Hudson Bill (CCW reciprocal)
« Reply #70 on: January 09, 2017, 04:22:34 PM »
Quote from: Heavies on January 09, 2017, 03:56:44 PM
Tulsi doesn't think civilians need guns.
She was deployed in the army yaknow....  she knows best for us peons....   Wouldn't hurt to ask though..  don't let my skepticism dissuade anyone.  :thumbsup: :thumbsup: :thumbsup: :shaka:
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macsak

Re: Hudson Bill (CCW reciprocal)
« Reply #71 on: January 09, 2017, 04:24:55 PM »
Quote from: Heavies on January 09, 2017, 03:56:44 PM
Tulsi doesn't think civilians need guns.

i believe i've heard her use the "i was in the military, and civilians do not need weapons of war" line before
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London808

Re: Hudson Bill (CCW reciprocal)
« Reply #72 on: January 09, 2017, 05:24:05 PM »
You all seem to forget something Untill the supreme courts rule you have a constitutional right to a firearm outside the home, This law means nothing. States can just ignore it and claim states rights. 



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"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

suka

Re: Hudson Bill (CCW reciprocal)
« Reply #73 on: January 09, 2017, 06:32:28 PM »
Here is a reply I got from a Mainland Lawyer about HR38:




"H.R. 38 allows a person to carry concealed in any state "Notwithstanding any provision of the law of any State ..." if he complies with three requirements: 

        (1) not prohibited by federal law,

        (2) carrying a valid ID, and

        (3) has a CCL or comes from a "constitutional carry" state. 

We believe the "notwithstanding" language overturns any registration requirement -- or any restriction that would prevent carrying for a person meeting the law's three requirements.  And, under the Supremacy Clause, we believe H.R. 38 will supersede  the Hawaii law. "
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London808

Re: Hudson Bill (CCW reciprocal)
« Reply #74 on: January 09, 2017, 07:00:31 PM »
Quote from: suka on January 09, 2017, 06:32:28 PM
Here is a reply I got from a Mainland Lawyer about HR38:




"H.R. 38 allows a person to carry concealed in any state "Notwithstanding any provision of the law of any State ..." if he complies with three requirements: 

        (1) not prohibited by federal law,

        (2) carrying a valid ID, and

        (3) has a CCL or comes from a "constitutional carry" state. 

We believe the "notwithstanding" language overturns any registration requirement -- or any restriction that would prevent carrying for a person meeting the law's three requirements.  And, under the Supremacy Clause, we believe H.R. 38 will supersede  the Hawaii law. "

The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.

As the 9th circuit has ruled that the constitution does not cover CCW,  Unless  SCOTUS rules otherwise, Hawaii could argue that the constitution does not give them the ability force that on them

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"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

changemyoil66

Re: Hudson Bill (CCW reciprocal)
« Reply #75 on: January 09, 2017, 07:27:55 PM »
What will happen is that we will get to carry for 6 months b4 hawaii finds a way to block it.

Sent from my SM-G920V using Tapatalk

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RSN172

Re: Hudson Bill (CCW reciprocal)
« Reply #76 on: January 09, 2017, 09:22:09 PM »
This is the part I don't like.

Ensure that valid concealed carry permits issued in one state are valid for carrying concealed handguns in other states that recognize their own resident’s right to concealed carry;

Hawaii could easily change our may issue to no issue and let the pro CC people spend months, if not years, trying to get SCOTUS to rule that law unconstitutional.
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Happily living in Puna

punaperson

Re: Hudson Bill (CCW reciprocal)
« Reply #77 on: January 09, 2017, 09:30:03 PM »
Quote from: changemyoil66 on January 09, 2017, 07:27:55 PM
What will happen is that we will get to carry for 6 months b4 hawaii finds a way to block it.
They'll get a preliminary injunction between the date of passage and date of implementation, thus precluding any days of lawful carry at all, because, you know, "public safety". They'll introduce all the evidence proving that Hawaii residents in particular are mentally and emotionally incompetent, as well as tourists on vacation are unusually dangerous as proved by the track record of CCW licensees in their home states (oh, wait, they're SIX TIMES less likely to commit a crime than cops). It'll be the same as the preliminary injunction Harvey and those six attorneys got against RapBack. Oh, wait...
« Last Edit: January 09, 2017, 09:47:19 PM by punaperson »
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punaperson

Re: Hudson Bill (CCW reciprocal)
« Reply #78 on: January 09, 2017, 09:46:39 PM »
Quote from: RSN172 on January 09, 2017, 09:22:09 PM
This is the part I don't like.

Ensure that valid concealed carry permits issued in one state are valid for carrying concealed handguns in other states that recognize their own resident’s right to concealed carry;

Hawaii could easily change our may issue to no issue and let the pro CC people spend months, if not years, trying to get SCOTUS to rule that law unconstitutional.
There is no "right" to concealed carry (read Heller). That was made clear in the Ninth Circuit by the Peruta/Richards en banc decisions. It has been made clear in other circuits and all those other concealed carry cases that appealed for cert to SCOTUS have been rejected by SCOTUS. Concealed carry is clearly a "privilege", not a right, and thus the language above is misleading, at best. The bill later specifically states that it really means: "(1)  has  a  statute  under  which  residents  of  the State  may  apply  for  a  license  or  permit  to  carry  a  concealed firearm; or (2)  does  not  prohibit  the  carrying  of  concealed firearms  by  residents  of  the  State  for  lawful  purposes." Clearly Hawaii qualifies under those criteria, but could simply eliminate the provisions for concealed carry and thus would no longer be subject to the national reciprocity bill as it currently is written. And, yes, it would likely be many more years trying to get Hawaii to recognize the right to open carry for self defense outside the home... unless, and it's a BIG unless, Baker or Young or Nichols succeed with their open carry claims in the Ninth. Don't recommend holding the breath on those.
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omnigun

Re: Hudson Bill (CCW reciprocal)
« Reply #79 on: January 10, 2017, 08:26:03 AM »
Quote from: RSN172 on January 09, 2017, 09:22:09 PM
This is the part I don't like.

Ensure that valid concealed carry permits issued in one state are valid for carrying concealed handguns in other states that recognize their own resident’s right to concealed carry;

Hawaii could easily change our may issue to no issue and let the pro CC people spend months, if not years, trying to get SCOTUS to rule that law unconstitutional.

If hawaii does that than all security guards that guard cash deposits etc would lose their guns.
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