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jimmy the one

(2,758 posts)
7. state prohibitions, discarded in modern era
Mon Jul 8, 2013, 01:24 PM
Jul 2013

Illinois is expected to become a shall issue ccw state tomorrow, july8,2013, in a complex political development. Illinois today (last day) prohibits any form of concealed carrying, & guncontrol advocates & most others would expect, if it were going to change it's carry policy, it would go up the next level to 'may issue', along with california, maryland, massachusetts, hawaii, new york, newjersey,RI,DC, & conn.
The rub is, to do that, for illinois to go from prohibited to may issue, would likely goad an appeal by the gun lobby to the progun (barely) supreme court on the 'constitutional validity' of may issue laws, thus threatening the may issue rules for the 8 states I listed above. Then, if a pro 2ndA decision ensues from the supreme court, would force those 8 states to ALSO adopt shall issue crap as well. It's best to wait until scotus makeup is not so stacked with progun, esp gwbush progun appointees.
So Illinois, a democrat state legislature, is between a rock & hard place, is evidently falling on it's own sword to 'protect' the other 8 states ccw policy.

To defend discretionary 'may issue' laws (Yay) guncontrol advocacy could cite these prohibitions which were written into earlier state constitutions. But I think if gunlobby can fabricate a song & dance concoction to get around the militia ruling in 1939 miller case, it has the robts court under it's thumb for more concoctions:
Kentucky: The right to bear arms in defense of themselves and the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons. (1891).
Montana: The right of .. but nothing herein contained shall be held to permit the carrying of concealed weapons. (1889).
Louisiana: The right of each citizen to keep .. but this provision shall not prevent the passage of laws to prohibit the carrying of weapons concealed on the person.(1974).
Mississippi: right of every citizen .. but legislature may regulate or forbid carrying concealed weapons. 1890.
Missouri: That the right .. but this shall not justify the wearing of concealed weapons.1945.
NewMexico:1912: "The people have the right to bear arms for their security and defense, but nothing herein shall be held to permit the carrying of concealed weapons."
NCarolina: A well regulated militia being .. Nothing herein shall justify the practice of carrying concealed weapons, or prevent General Assembly from enacting penal statutes against that practice.1971.
Okla: The right .. but nothing herein contained shall prevent the Legislature from regulating the carrying of weapons. 1907.
Tenn: .. but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime(1870).
1796: "That the freemen of this State have a right to keep and to bear arms for their common defence."
Texas: but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.1876
Ark: 1836: "That the free white men of this State shall have a right to keep and to bear arms for their common defence."
Colo:.. but nothing herein contained shall be construed to justify the practice of carrying concealed weapons. 1876,
Flor 1885: .. but the Legislature may prescribe the manner in which they may be borne."
Geo: .. Gen Assy shall have power to prescribe the manner in which arms may be borne.1877

(progunwebsite): http://www2.law.ucla.edu/volokh/beararms/statecon.htm

Recommendations

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My wife carries the 642 ileus Jul 2013 #1
BainsBane whats your take on this? ceonupe Jul 2013 #2
After talking with folks in the gungeon BainsBane Jul 2013 #3
Some gun nut came into this protected Group and alerted on your post. Results aren't back yet. Electric Monk Jul 2013 #14
I know who that was BainsBane Jul 2013 #15
Strangely, I still haven't got the jury results back. I wonder if the alerter got banned Electric Monk Jul 2013 #20
Huh? BainsBane Jul 2013 #21
Yes, I was a juror on that alert, over 3 hours ago, but still no jury results. Strange, indeed. nt Electric Monk Jul 2013 #22
The jury results just came in: 0-6 to leave it. I wonder what took so long? Electric Monk Jul 2013 #23
You just received the results? BainsBane Jul 2013 #25
I was on the jury Timbuk3 Jul 2013 #24
Whose grabbing your guns? BainsBane Jul 2013 #26
"gun grabbers" Skittles Jul 2013 #27
It's a misleading. Gun advocates refer to CO as a "shall issue" state. Robb Jul 2013 #4
that should then be classified as may issue BainsBane Jul 2013 #5
Court cases make it shall issue in CO ceonupe Jul 2013 #8
No, but thanks for playing. Robb Jul 2013 #9
Yes ceonupe Jul 2013 #10
No, I showed you the law. It is the sheriff's discretion. Robb Jul 2013 #11
you are right ceonupe Jul 2013 #19
Yes and no. gejohnston Jul 2013 #12
No. Statute does not require a specific reason. Robb Jul 2013 #13
CRS 18-12-203(2) gejohnston Jul 2013 #16
Naked men notwithstanding, you appear at odds with yourself. Robb Jul 2013 #17
not at all gejohnston Jul 2013 #18
States rejected shall issue ccw jimmy the one Jul 2013 #6
state prohibitions, discarded in modern era jimmy the one Jul 2013 #7
veto power, ceu jimmy the one Jul 2013 #28
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