Protecting your family in states that don't recognize your state's CC license.

This is a discussion on Protecting your family in states that don't recognize your state's CC license. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; How does one protect themselves in states that don't recognize their state's license? I travel to Illinois (Chicago, no less) once a year. Every state ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 30

Thread: Protecting your family in states that don't recognize your state's CC license.

  1. #1
    Member Array Purdue54's Avatar
    Join Date
    Dec 2006
    Location
    Midland, GA
    Posts
    94

    Protecting your family in states that don't recognize your state's CC license.

    How does one protect themselves in states that don't recognize their state's license? I travel to Illinois (Chicago, no less) once a year. Every state inbetween recognizes my GA Firearms License, besides not travelling there, are there any usefull suggestions?
    Courage: "Do not follow where the path may lead...go instead where there is no path and leave a trail."

    Retired Army, Infantry
    NRA Life Member

  2. Remove Ads

  3. #2
    Senior Member Array rmodel65's Avatar
    Join Date
    May 2008
    Location
    my house
    Posts
    934
    Hope for incorporation of the second amendment :) Georgia Carry has a trial in federal court march 6th over this


    but other than that, maybe a high strength cane??
    S&W M&P40/M&P9c OC rigs
    S&W 640-1 or Sig P238 as a CC rig
    proud www.georgiacarry.org member
    Second Amendment Foundation Life member

  4. #3
    Member Array Purdue54's Avatar
    Join Date
    Dec 2006
    Location
    Midland, GA
    Posts
    94
    GeorgiaCarry have info on their site about this case?
    Courage: "Do not follow where the path may lead...go instead where there is no path and leave a trail."

    Retired Army, Infantry
    NRA Life Member

  5. #4
    Senior Member Array rmodel65's Avatar
    Join Date
    May 2008
    Location
    my house
    Posts
    934
    yes granted if the court sides with them it will more than likely be appealed to the SOCTUS. but its a step in the right direction. It will be a grand day when MY GA permit is good to stoll down to times SQ in NY city :)

    On March 6, 2009, there will be a hearing in federal court on Fulton County's motion to dismiss in the GCO v. Pinkie Toomer

    case. The Fulton County motion to dismiss claims that the Second Amendment does not apply to the State of Georgia, putting the issue of incorporation of the Second Amendment against the states directly into issue. We encourage all GCO members to attend the hearing.

    March 6, 2009 at 9:30 a.m.

    Richard B. Russell Federal Building

    75 Spring Street SW

    Atlanta, GA 30303

    Room 1706, before Judge Cooper

    For those wanting to read up on the issues in the case, please review the pleadings here

    . This is a case filed by a GCO member who is not a resident of Georgia, seeking to obtain a Georgia firearms license. Mr. Goyke contends that the state law restricting licenses to residents of Georgia violates the privileges and immunities clause of Article 4 and the Second Amendment right to bear arms. With no Georgia license, Mr. Goyke is categorically barred from bearing arms, openly or concealed. He cannot even carry in the car (because he drives cars that do not belong to him while visiting Georgia) or in the home (as he is visiting other people's homes when he is in Georgia). In other words, he cannot bear arms at all in Georgia, only because he is a nonresident. Fulton County argues that the Second Amendment does not apply to Georgia. Come to the courthouse on March 6 to find out whether Fulton County is correct. It would be nice to have 3,600 of you there . . .
    S&W M&P40/M&P9c OC rigs
    S&W 640-1 or Sig P238 as a CC rig
    proud www.georgiacarry.org member
    Second Amendment Foundation Life member

  6. #5
    Restricted Member Array SelfDefense's Avatar
    Join Date
    May 2007
    Location
    Tucson
    Posts
    2,736
    Quote Originally Posted by rmodel65 View Post
    yes granted if the court sides with them it will more than likely be appealed to the SOCTUS. but its a step in the right direction. It will be a grand day when MY GA permit is good to stoll down to times SQ in NY city :)

    On March 6, 2009, there will be a hearing in federal court on Fulton County's motion to dismiss in the GCO v. Pinkie Toomer

    case. The Fulton County motion to dismiss claims that the Second Amendment does not apply to the State of Georgia, putting the issue of incorporation of the Second Amendment against the states directly into issue. We encourage all GCO members to attend the hearing.
    We can only hope state's rights are upheld. It will be a very bad day when states are forced to abdicate their sovereign authority.

    The funny thing about the unconstitutional notion of 'incorporation' of the Second Amendment is that the liberals hate guns and conservatives understand that the Bill of Rights only limits the Federal government.

    This is a case filed by a GCO member who is not a resident of Georgia, seeking to obtain a Georgia firearms license. Mr. Goyke contends that the state law restricting licenses to residents of Georgia violates the privileges and immunities clause of Article 4 and the Second Amendment right to bear arms. With no Georgia license, Mr. Goyke is categorically barred from bearing arms, openly or concealed.
    It has nothing to do with the Second Amendment and everything to do with the privileges and immunities clause. No state can prevent a citizen of another state from the privileges granted to the citizens of that state. Think clam digging.

  7. #6
    Member Array 4sfed's Avatar
    Join Date
    Sep 2007
    Location
    Ohio
    Posts
    31
    Quote Originally Posted by SelfDefense View Post
    It has nothing to do with the Second Amendment and everything to do with the privileges and immunities clause. No state can prevent a citizen of another state from the privileges granted to the citizens of that state. Think clam digging.
    Am I correct then, it would do nothing to allow the OP the right to carry in the state of Illinois, since concealed carry is illegal for state residents?

    Jim
    An armed man is a citizen.
    An unarmed man is a subject.

  8. #7
    Restricted Member Array SelfDefense's Avatar
    Join Date
    May 2007
    Location
    Tucson
    Posts
    2,736
    Quote Originally Posted by 4sfed View Post
    Am I correct then, it would do nothing to allow the OP the right to carry in the state of Illinois, since concealed carry is illegal for state residents?
    Exactly. The people of Illinois have decided they do not want their citizens to carry guns. I disagree with that mindset but I respect their sovereign and legal authority to make that determination. As does the Constitution.

    Don't like the laws of Illinois? Don't go there.

  9. #8
    Senior Member Array rmodel65's Avatar
    Join Date
    May 2008
    Location
    my house
    Posts
    934
    SO why should the state of IL be allowed to violate my constitutional rights?

    the 14th amendment binds them to respect them.


    Incorporation is the 1st step in fixing places like IL for people who visit or are forced to move there etc
    S&W M&P40/M&P9c OC rigs
    S&W 640-1 or Sig P238 as a CC rig
    proud www.georgiacarry.org member
    Second Amendment Foundation Life member

  10. #9
    Restricted Member Array SelfDefense's Avatar
    Join Date
    May 2007
    Location
    Tucson
    Posts
    2,736
    Quote Originally Posted by rmodel65 View Post
    SO why should the state of IL be allowed to violate my constitutional rights?

    the 14th amendment binds them to respect them.
    The 14th Amendment has nothing to do with the Bill of Rights. If you can find where the Bill of Rights is mentioned in the 14th I would gladly review my position.

    Incorporation is the 1st step in fixing places like IL for people who visit or are forced to move there etc
    Can you define 'incorproation' and provide its legal precedence?

    The Federal government has no authority over the citizens of Illinois. If you want to live in a tyrannical dictatorship then there are many places that accommodate that mindset.

  11. #10
    Member Array llongshot's Avatar
    Join Date
    Jan 2009
    Location
    Deep Southern Illinois
    Posts
    276
    You don't seem to understand much about the state of Illinois. The stupidity stops just south of the southernmost suberb of Chicago (with the exception of whatever leaches from there into the state capitol in Springfield). If you log into the WPSD website you'll find an article about the fight downstate Illinoisans are waging to rectify the lack of carry laws here. The statement made previously about the citizens of Illinois having decided not to allow a carry law was only applicable to the northern end of this state. I've been carrying a .45 of one sort or another for many more moons than some of you have been alive. That having been said this also needs to be. I only carry where legal which strictly limits location to home/my gun club/rural locations. In my vehicle the .45 is empty with the slide open and a loaded clip in the same case (legal here). In a bind I can be locked and loaded in a second or two. If you're really interested in being able to add Illinois to your list of carry states contact your state/federal legislators and ask them to exert all the leverage they can to help the SANE citizens of Illinois to prevail.

  12. #11
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    26,686
    Quote Originally Posted by llongshot View Post
    You don't seem to understand much about the state of Illinois. The stupidity stops just south of the southernmost suberb of Chicago ...
    In reality, the inability to travel armed starts at the border, irrespective of where the nest of vipers lies.

    It has been years since my IL relatives have visited. So be it.

    I'm with SD: Don't like it? Don't go.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  13. #12
    VIP Member
    Array archer51's Avatar
    Join Date
    Nov 2007
    Location
    VA
    Posts
    21,372
    Quote Originally Posted by rmodel65 View Post
    SO why should the state of IL be allowed to violate my constitutional rights?

    the 14th amendment binds them to respect them.


    Incorporation is the 1st step in fixing places like IL for people who visit or are forced to move there etc
    Technically they are not violating your second amendment rights, they are exercising their rights as a sovereign state. It is your choice to go into their state, with their laws. Just like if a store posts a no firearms sign. You chose to either go into the store unarmed, or not go into it.

  14. #13
    Senior Member Array rmodel65's Avatar
    Join Date
    May 2008
    Location
    my house
    Posts
    934
    without incorporation in states that dont have their own bill of rights speech,rtkba religion etc can all be suppressed by the states.

    14th amendment: Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    hypothetically :how would you like it if Tuscon came in and said you must go to church A now??

    OR they say any text you type must be approved, which would include posting here???


    Since the 3rd amendment hasnt been applied(incorporated) to the states, the state can quarter militia forces in your home!! But the federal govt cant

    from wiki\/


    Incorporation (of the Bill of Rights) is the American legal doctrine by which portions of the Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment, although some have suggested that the Privileges or Immunities Clause would be a more appropriate textual basis. Prior to the ratification of the 14th Amendment and the development of the incorporation doctrine, in 1833 the Supreme Court held in Barron v. Baltimore that the Bill of Rights applied only to the Federal, but not any State, government. Even years after the ratification of the Fourteenth Amendment the Supreme Court in United States v. Cruikshank, still held that the First and Second Amendment did not apply to state governments. However, beginning in the 1890s, a series of United States Supreme Court decisions interpreted the Fourteenth Amendment to "incorporate" most portions of the Bill of Rights, making these portions, for the first time, enforceable against the state governments.



    Right to keep and bear arms

    * This provision has not been held to be incorporated against the states.
    See Miller v. Texas, 153 U.S. 535 (1894); Presser v. Illinois, 116 U.S. 252 (1886); United States v. Cruikshank, 92 U.S. 542 (1875). However, these cases predate the Supreme Court's modern incorporation criteria, so it is an open question whether the Second Amendment will be incorporated.[13] The court has ruled that the second amendment codifies a pre-existing individual right to possess and carry firearms, which is not in any manner dependent on the Constitution for its existence,[14] and some commentators suggest that incorporation is likely,[15] or that incorporation can hardly be escaped if the inferior courts take the Supreme Court's incorporation jurisprudence seriously as law—as they are required to do.[16]

    Regarding the Second Amendment and the incorporation doctrine, the Supreme Court in District of Columbia v. Heller said:

    With respect to Cruikshank's continuing validity on incorporation, a question not presented by this case, we note that Cruikshank also said that the first amendment did not apply against the states and did not engage in the sort of Fourteenth Amendment inquiry required by our later cases. Our later decisions in Presser v. Illinois, 116 U.S. 252, 265 (1886) and Miller v. Texas, 153 U.S. 535, 538 (1894), reaffirmed that the Second Amendment applies only to the Federal Government.[17]

    Since Heller, federal cases have been filed requesting the Second Amendment be made applicable to the states via the Fourteenth Amendment. Two such cases are McDonald v. Chicago and Guy Montag Doe v. San Francisco Housing Authority.

    The issue is also currently pending in the Court of Appeals for the Ninth Circuit in the case of Nordyke v. King.[18]
    S&W M&P40/M&P9c OC rigs
    S&W 640-1 or Sig P238 as a CC rig
    proud www.georgiacarry.org member
    Second Amendment Foundation Life member

  15. #14
    VIP Member
    Array archer51's Avatar
    Join Date
    Nov 2007
    Location
    VA
    Posts
    21,372
    We've gone way off topic of the OP. The cane/walking stick is one possibility. Another is a good heavy belt with a heavy metal buckle. While neither will do you much good against a gun, they do make a usable weapon that is legal.

  16. #15
    Distinguished Member Array Anubis's Avatar
    Join Date
    Dec 2004
    Location
    Arapahoe County CO
    Posts
    1,798
    Quote Originally Posted by Purdue54 View Post
    How does one protect themselves in states that don't recognize their state's license?
    If your definition of protection includes self defense with firearm (mine does), there is no legal way to protect yourself in those places.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Family Firearms transfer between 2 states
    By crf3973 in forum Defensive Carry Guns
    Replies: 23
    Last Post: July 19th, 2010, 10:56 PM
  2. Ugly: Man Shot Was Protecting Family
    By goldshellback in forum In the News: The Good, the Bad and the Ugly
    Replies: 1
    Last Post: April 29th, 2010, 08:43 PM
  3. States that recognize NY permits
    By bunker in forum Concealed Carry Issues & Discussions
    Replies: 37
    Last Post: April 15th, 2010, 06:14 PM
  4. BPD: Shooter might have been protecting family during home invasion
    By txshooter in forum Carry & Defensive Scenarios
    Replies: 10
    Last Post: January 21st, 2010, 09:16 PM
  5. Driving through State's that don't recognize ur State's CWP
    By VR4 in forum Concealed Carry Issues & Discussions
    Replies: 11
    Last Post: September 15th, 2009, 07:04 AM

Search tags for this page

states that dont recognize hun carry

,

states that dont recognize self defense

Click on a term to search for related topics.