Gun Control Reform Activism
In reply to the discussion: Changes in concealed carry laws over the past ten years [View all]jimmy the one
(2,758 posts)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
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