Where to get Sound Concealed Carry Legal Advice?

Where to get Sound Concealed Carry Legal Advice?

This is a discussion on Where to get Sound Concealed Carry Legal Advice? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Let me begin with the usual caveats for such a topic: I ain't no lawyer. My advice is worth everything you just paid for it... ...

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Thread: Where to get Sound Concealed Carry Legal Advice?

  1. #1
    Ex Member Array MadMac's Avatar
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    Where to get Sound Concealed Carry Legal Advice?

    Let me begin with the usual caveats for such a topic: I ain't no lawyer. My advice is worth everything you just paid for it...

    That said, I see many threads that devolve into a discussion about what's legal/illegal, and eventually, posters start throwing out cut-and-paste sections from various state laws as well as links to the very helpful handgunlaw.us and other sites.

    I would like to point out that I have received much good advice from the posters here. Sure, I take everything with a grain of salt until I dig a little deeper and do a bit more research. But I have come to trust several posters here for sage advice and knowledgable pointers about legal issues within and among various states.

    Those people who recommend relying completely on some local LEO or state agency have found they can get even less trustworthy or knowledgable advice calling some bureaucrat who is supposed to know the law. I have several city police officers as friends, and in discussions with them, it soon becomes obvious I know MUCH more about our state's concealed carry laws than they do. Why? For one, this is top-of-mind for me and affects my safety and security directly. They have to have insight into all kinds of laws and regulations I never even consider. Plus, they make lots of erroneous assumptions. Trust me on this.

    Even if you get some advice from a lawyer, how do you know that he knows anything more than you? You can read, can't you? That's how he/she does it. If you get the lawyer's advice free of charge, you can bet it's worth everything you paid for it.

    When you call some state's justice department, who answers the phone? What is his/her knowledge base? Will they be there to defend you in court if you are ever arrested after following their advice?

    I found it sadly amusing reading about the guys who were just trying to get a straight answer from tribal authorities regarding carry for permit-holding citizens on reservations. It was a clown show of finger pointing and shoulder shrugging, with bits of racism thrown in the mix just for good fun.

    Bottom line: ALL laws are open for interpretation by not only law enforcement, but by the justice system as well. Nothing beats a self-education on your state laws and the state laws where you are traveling. Sure, you can say stuff like, "Well, even though I am spending a couple nights in Maryland (or Illinois), if I get caught I can just say I am going to the gun range..." Good luck. You can push any law as far as you want. That said, you may end up having the opportunity to explain your decision to a DA and a judge. If you sail a bit too close to the wind, you may have to invest in some legal support for your defense.

    Ultimately, the decision is up to you. But for my money, I'd trust some of the people on this board more than I would any state "official". YMMV.

    My non-legal opinion only......

    MM
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  2. #2
    VIP Member Array Harryball's Avatar
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    My only concern Mac, is that some will take what is written here as gospel, and not do there own research. Outside of that, your spot on...
    Don"t let stupid be your skill set....

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  3. #3
    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by Harryball View Post
    My only concern Mac, is that some will take what is written here as gospel, and not do there own research. Outside of that, your spot on...
    Excellent point, Mr Ball. I want to EMPHASIZE the point Mr Ball is making above. DO YOUR OWN RESEARCH. Personal knowledge is the best legal advice you will ever receive.
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    Ex Member Array barstoolguru's Avatar
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    It’s a good read and sound advice but what we need it laws that are more uniform for all the states. If I am licensed in Texas it should be good in every state under the same laws but for some reason we can't seem to get it simplified. if I drive through another state I don't have to read a drivers manual before entering that state so why should my CHL be any different
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    I would not trust the legal advice from anybody whose livelihood and well-being does not depend upon that advice being correct. I once had an NRA instructor tell me adamantly (and wrongly) that a CHL holder cannot carry while operating a commercial vehicle. After researching it thoroughly, I contacted him with the correct information complete with sources, and he still refused to believe it. A retired DOT guy gave him bad info, and he insists on standing by it. I have had more than one police officer assure me that if I simply signed the waiver and paid the fine, no points would appear on my driving record. It was in their interest to give me bad legal advice. When it comes to Ohio firearms law, there are two sources I trust: Derek DeBrosse, a criminal defense lawyer who is the first person I will call if I am ever involved in a lethal force encounter; and Ken Hanson, a long-time 2nd amendment advocate who wrote Ohio's most authoritative gun law guide - updated for 2011!.
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  6. #6
    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by barstoolguru View Post
    It’s a good read and sound advice but what we need it laws that are more uniform for all the states. If I am licensed in Texas it should be good in every state under the same laws but for some reason we can't seem to get it simplified. if I drive through another state I don't have to read a drivers manual before entering that state so why should my CHL be any different
    Gun laws are a states' rights issue. Why? I suggest a read of The Federalist Papers. I am VERY concerned the federal government will ultimately agree with you and make concealed carry subject to federal, and not state, law. Just like Illinois, a rural state with its capitol in downstate Springfield, is ruled entirely by big-city political thugs and hacks in a one-party big city. Then our concealed carry laws will be dictated by NYC, LA, SF, Chicago, Seattle, and Miami. Ultimately concealed carry would be made illegal with one stroke of a pen simply because of the undue policitcal weight these urban areas play in federal legislation.

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    Quote Originally Posted by barstoolguru View Post
    It’s a good read and sound advice but what we need it laws that are more uniform for all the states. If I am licensed in Texas it should be good in every state under the same laws but for some reason we can't seem to get it simplified. if I drive through another state I don't have to read a drivers manual before entering that state so why should my CHL be any different
    The problem with uniformity is the direction it might take. Would national gun law more closely resemble Texas, Ohio and Arizona, or would it look like California, New York and Maryland?
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
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    Distinguished Member Array ericb327's Avatar
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    I will always trust the written law, case law and supreme court rulings first. I think your Illinois reference is not accurate. Illinois law has exceptions for hunters and permit holders from other states; Illinois does do not recognize any CC permits. Illinois does however, extend FOID privileges to out of state permit holders. Yes, there are municipalities that have further restrictions. We need to hold them to their laws otherwise they will continue to thumb their nose to Federal and state laws. If I get pulled over while legally transporting a firearm in Illinois and charged with a crime; I will fight it as far as possible. My choice, just because LE is unaware or do what they want doesn't mean I'm breaking the law. JMO. We need more rulings by the courts to force recognition
    For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill. (Sun Tzu) The Art of War

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    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by ericb327 View Post
    I will always trust the written law, case law and supreme court rulings first. I think your Illinois reference is not accurate. Illinois law has exceptions for hunters and permit holders from other states; Illinois does do not recognize any CC permits. Illinois does however, extend FOID privileges to out of state permit holders. Yes, there are municipalities that have further restrictions. We need to hold them to their laws otherwise they will continue to thumb their nose to Federal and state laws. If I get pulled over while legally transporting a firearm in Illinois and charged with a crime; I will fight it as far as possible. My choice, just because LE is unaware or do what they want doesn't mean I'm breaking the law. JMO. We need more rulings by the courts to force recognition
    My Illinois reference is spot on, and hardly inaccurate. I grew up there. The Chicago political machine imposes their laws and taxes throughout the state. Exceptions be damned, Illinois is the victim of Chicago gun politics, hence it shows up as bright red on the handgunlaw.us map, denying basic 2A rights to its citizens. You reinforce what I wrote in your own post.

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    Distinguished Member Array 21bubba's Avatar
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    Good God, a post from Mad Mac I agree with.
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    Distinguished Member Array ericb327's Avatar
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    I spent 30 years in Chicago and well aware of the politics. My point about your reference is, if you have an out of state permit you don't need an excuse like going to range. It's written into the law. There is also a provision for traveling in Chicago gun law. I agree with you on some points but I will continue to bring my firearm legally to Illinois. I do value the advice here though.
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    Distinguished Member Array ericb327's Avatar
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    I do agree with you on most of your post though. I've been doing a lot of research on Illinois lately. It's terrible what Chicago is getting away with.
    For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill. (Sun Tzu) The Art of War

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    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by ericb327 View Post
    I spent 30 years in Chicago and well aware of the politics. My point about your reference is, if you have an out of state permit you don't need an excuse like going to range. It's written into the law. There is also a provision for traveling in Chicago gun law. I agree with you on some points but I will continue to bring my firearm legally to Illinois. I do value the advice here though.
    Well, as part of my research then, please post a link regarding the law you are talking about. I would like to read it...
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    Distinguished Member Array ericb327's Avatar
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    Quote Originally Posted by Harryball View Post
    Well, as part of my research then, please post a link regarding the law you are talking about. I would like to read it...
    I have posted the link twice in this forum within the last two weeks. I will again.
    For to win one hundred victories in one hundred battles is not the acme of skill. To subdue the enemy without fighting is the acme of skill. (Sun Tzu) The Art of War

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    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by ericb327 View Post
    I have posted the link twice in this forum within the last two weeks. I will again.
    Sorry bout that, its a big forum....
    Don"t let stupid be your skill set....

    Never be ashamed of a scar. It simply means, that you were stronger than whatever tried to hurt you......

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