Are State permit "need" requirements unconstitutional ? - Page 3

Are State permit "need" requirements unconstitutional ?

This is a discussion on Are State permit "need" requirements unconstitutional ? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by Varmiter Yep. You are right. The apathy that you just exhibited speaks volumes about, not only you, but the majority of the ...

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Thread: Are State permit "need" requirements unconstitutional ?

  1. #31
    Ex Member Array apvbguy's Avatar
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    May 2011
    NE FL
    Quote Originally Posted by Varmiter View Post
    Yep. You are right. The apathy that you just exhibited speaks volumes about, not only you, but the majority of the population in this country. But there are those who actually are trying to change things.

    This article, while not gun related, gives you an idea of how we begin to change things.

    Walter Williams: Should We Obey All Laws?

    While this article is very gun related.

    NW gun activists

    People need to connect the dots and take action. Apathy, such as even exhibited here, is killing this country.

    it has little to do with apathy, you need to get a dose of reality, the ignorant masses far out number us

  2. #32
    Member Array Varmiter's Avatar
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    Full Time Rv'er
    Apathy has everything to do with reality. Connect the dots.

    You are right, the ignorant masses do out number us. But if we succumb to apathy (because of the numbers) we are lost.


  3. #33
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    Array DaveWorkman's Avatar
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    Quote Originally Posted by Discoveror View Post
    Is State (carry) Permit legislation, that requires an applicant to demonstrate "need", unconstitutional?

    In reading the Second Amendment, I saw NO reference to "need", regarding the "right to bear arms". I read the Wikipedia 2nd Amendment page, which goes through pertinent case law, and so no reference to requirement(s) to demonstrate "need" there, either.

    Rhode Island and California pull this, though California phrases it as requiring that an applicant demonstrate that "good cause" exists for the issuance.

    Thus, I'm wondering if State Permit "need" requirements inherently violate the Second Amendment?
    Well, according to a judge in Maryland they are.

    Maryland ruling: State AG will appeal, antis demonize decision - Seattle gun rights |

    The Second Amendment Foundation ("Winning Firearms Freedom One Lawsuit At A Time") won at the trial court level and should prevail on appeal.

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  5. #34
    New Member Array Discoveror's Avatar
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    May 2012
    down to earth
    Thanks for the above very insightful link. It's good to read that someone challenged the constitutionality of "need"-based Permitting ... and W O N, hopefully establishing precedent for eliminating "need"-based Permitting, since that was a Federal decision which, I hope, supersedes State contradictions that undermine the Second Amendment portion of the Bill of Rights.

  6. #35
    VIP Member Array Smitty901's Avatar
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    Dec 2011
    What is or is not Constitutional is decided by as few as 5 members of the court . So flip a coin . If you get 5 that say is constitutional it is for the time being if 5 say no then your done for now. Current court it is very close on any favorable decision concerning 2nd amendment. With one change thing could take a major turn from where they are now.
    A change or two on the court and the 2nd could be changed to mean anything they want it to. Who you vote for has long term effects.

  7. #36
    VIP Member Array Stetson's Avatar
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    VOTE for our way of life or else!

    This is why it's SO IMPORTANT TO VOTE! We need to mobilise gun owners,people who share our views,politics aside I believe our group was responsible for
    GWB election as he won by what 530 some odd votes out of millions. This because who ever elected term will be responsible for replacing at least two
    Supreme Court Justices ! God forbid if the incumbent president is elected he will be come essentially a lame duck with no fear of reelection so we really need
    to give time ,money when appropriate.We'll see how close the election comes as our great country has become polarized by politicians using the divide and conquer
    to defeat groups. Ask your young people vote for the guy who best represents their values not because he looks good on T.V.I truly believe if our children
    vote and stop giving away our rights, the election will be a sound victory.You can see our fight that's being fought in the daily trenches educating the anti
    group by taking fear out of the owning and shooting a firearms and not all gun owners are nuts but we are law abiding majority who pay our bills ,taxes etc.
    Local levels we now have more than one response to negative or untruth facts about our firearms and sport.We noticed which networks are spreading propoganda
    about our ways of life and we respond with truth and education is it and will it be enough I pray so.
    Last edited by Stetson; May 20th, 2012 at 07:52 PM. Reason: missing words,sp

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