FOPA...travelling with firearms & Heller vs. DC fallout???? - Page 2

kazzaerexys · July 31st, 2008, 07:42 PM

Quote:

Originally Posted by goawayfarm

So the only way to be assured of my rights is to stay home?

My mistake; I thought you were asking about the actual current state of law, which is what I tried to answer. And that is that D.C. won't be letting you carry a loaded gun outside the home anytime soon, and FOPA only allows carry unloaded and locked up unless the locality is itself already more permissive.

As to what your rights should be, there is a good case to be made based on the Heller decision that open carry of any lawful firearm should be legal throughout the U.S. And if that is what you were getting at, I certainly agree.

ETA: Although I agree with Shizzlemah that there is a difference between carry and transport. I can't think of a strong legal precedent for establishing that the car is an extension of the home, even though some States do word it that way. And I also think the whole 'gun in a car is concealed' line that a lot of States take is entirely defensible. Therefore even in a ubiquitous open carry situation, carry of loaded weapons in cars could still be a strongly divided issue...

Shizzlemah · July 31st, 2008, 11:24 PM

[quote=goawayfarm;803162]I realize that. What I'm suggesting is that localities that forbid the carrying of a loaded firearm in their jurisdiction may be in violation of the Constitution.

Ah my mistake, I see your point now.

I don't believe the feds can force state A to recognize a permit from state B. If the states *want* to cooperate, that's fine - and you can CCW.

goawayfarm · August 1st, 2008, 10:33 AM

It looks like some others are agreeing with me on this:

Gun Rights of New Yorkers May Rest on Case of Hot Dog Vendor

Quote:

In about half a dozen New York City cases reviewed by The New York Sun, defense lawyers have filed briefs arguing that the Supreme Court's decision requires the dismissal of gun possession charges against their clients.

The briefs question the constitutionality of the city's treatment of all unlicensed guns as illegal guns — mere possession of which can be punished by up to 15 years in prison.

At least two of the cases involve gun arrests during traffic stops. The motions ask New York courts to expand the federal Supreme Court decision to find that the "right to bear arms is not limited to the physical confines of the home," as a Brooklyn lawyer, Andrew Miller, wrote in one such case.

ccw9mm · August 1st, 2008, 10:41 AM

Quote:

Originally Posted by goawayfarm

It says "SUCH AS SELF-DEFENSE WITHIN THE HOME"...It doesn't say "ONLY WITHIN THE HOME".

I agree with you. This likely will be the path followed with subsequent lawsuits until the right is restored in actuality.

2edgesword · August 3rd, 2008, 05:12 PM

goawayfarm

Good post and opens up my mind to how the affects of the Heller decision beyond D.C.

Your post also highlights one of my issues with respect to laws being proposed in other states to address existing conflicts with the Heller decision. We need to stop talking about the decision as if it limits self-defense to the home. Every time a statement is made that implies that the Heller decision limits the defensive use of a firearm to the home (which it did NOT) it weakens the force of the decision in the perception of the public. This is one of the things I object to in the Gillibrand proposal.

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July 31st, 2008, 11:24 PM	#12
Shizzlemah Senior Member Join Date: May 2006 Location: Maine Posts: 724	[quote=goawayfarm;803162]I realize that. What I'm suggesting is that localities that forbid the carrying of a loaded firearm in their jurisdiction may be in violation of the Constitution. Ah my mistake, I see your point now. I don't believe the feds can force state A to recognize a permit from state B. If the states want to cooperate, that's fine - and you can CCW.

August 3rd, 2008, 05:12 PM	#15
2edgesword Member Join Date: Aug 2006 Location: New York Posts: 36	goawayfarm Good post and opens up my mind to how the affects of the Heller decision beyond D.C. Your post also highlights one of my issues with respect to laws being proposed in other states to address existing conflicts with the Heller decision. We need to stop talking about the decision as if it limits self-defense to the home. Every time a statement is made that implies that the Heller decision limits the defensive use of a firearm to the home (which it did NOT) it weakens the force of the decision in the perception of the public. This is one of the things I object to in the Gillibrand proposal.