interesting rights question

interesting rights question

This is a discussion on interesting rights question within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; https://bearingarms.com/cam-e/2019/1...nd-state-line/ So, why is it that our other rights transfer across state lines but not this one? It's a good thing that we can drive ...

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  1. #1
    Distinguished Member Array NECCdude's Avatar
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    interesting rights question

    https://bearingarms.com/cam-e/2019/1...nd-state-line/

    So, why is it that our other rights transfer across state lines but not this one? It's a good thing that we can drive our cars across state lines when one considers that driving or auto ownership isn't a right. And your drivers license is honored in every state.
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    Senior Member Array KILTED COWBOY's Avatar
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    Yes it does suck.
    So hard to travel and keep up with all the gun laws in different states.
    And some of the laws are written where only a lawyer can make them out.
    Heck you also now have to worry about city laws being different than their state laws.

    On the other hand I am a proponent of states rights.
    What laws they make in California, New Jersey insert favorite State.
    I do not want to have to follow here in Texas.

    And do not get me started on federal law.
    If only this entire country would follow the Constitution as was written by the founders.
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    VIP Member Array LimaCharlie's Avatar
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    In Oregon, you have know the laws when you cross county or city borders. You can be legal on one side of a street and be a felon on the other side of the street. Oregon is a constitutional open carry state for anyone eighteen or older who can legally own a gun. Oregon allows local governments to regulate carry. One county and several cities outlaw carry of a loaded gun. Some cities outlaw carry of a loaded gun in city parks. You can legally open carry a gun, but not loaded.

    The law that provides for an Oregon Concealed Handgun License preempts local government from regulating carry. With my OCHL, I can theoretically open or conceal carry a loaded gun throughout the state. I don't depend on local law enforcement to know the nuances of the law.

    No gun signs are very rare in Oregon and do not carry the weight of the law. An establishment can ask you to leave and if you don't, you may be charged with a misdemeanor trespass.
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    VIP Member Array jmf552's Avatar
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    The reason we can drive in other states is because of the Driver License Compact, which is an agreement among all the states except Georgia, Wisconsin, Massachusetts, Michigan, Tennessee and Nevada, although those states generally abide by most of it. It is being replaced by the Driver License Agreement, which will include all the states. The main points of these two agreements is how fines, violation points and suspensions are handled across state lines.

    Back before those agreements, you could actually get arrested for speeding in another state and have to post bond before you went on your way. That happened to me as a Missouri driver in Illinois when I was a teenager.

    Back to the subject at hand, I am for states' rights also, but I think being a law abiding citizen in one state and a felon in the next is way out of line. If I accidentally bring a gun into the wrong state, it should be a fine, maybe even a big fine, but not jail time. An honest gun carrier making a mistake is no harm to society and hasn't done anything wrong.
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    Fla. laws are made by state, not local counties. Locals can't regulate where you can carry ; ) PS As far as state laws, they deffer
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    What jmf552 said! Also, in Georgia carry law and limitations are reserved, by legislative act, to the State of Georgia. Georgia Carry has sued many local and county governments for thinking that they can do whatever the **** they please with regard to limiting the 2A (and generally won).
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    I feel the need to plug an app.

    For the record, I have no affiliation with this company. Am simply a paying customer.

    This app is a one time purchase of $4.99 and is updated constantly.

    Plug in your state permit and it shows where it's honored and specific laws and statutes pertaining to the state. Simply click on a state to learn where your permit stands and any particular carry laws (duty to inform, prohibited areas, magazine restrictions, etc)






    Really cool. Had it for a few years now and used it on a road trip from Florida to Michigan and back. Well worth the $4.99 to have such a compendium if you ask me.
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    VIP Member Array Hoganbeg's Avatar
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    Unequal protection under the law comes to mind. Vehicular travel is not even considered a right yet it is more equitably treated than weapons. It is my belief that the Supreme Court purposely avoids 2A issues as much as possible, especially the Right to carry off of one's property. Their reasoning may be that it is not an issue affecting a large percentage of citizens or it could be a lack of disinterest; or just cowardice.
    gatorbait51 and graydude like this.
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    Distinguished Member Array NECCdude's Avatar
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    Quote Originally Posted by KILTED COWBOY View Post
    Yes it does suck.
    So hard to travel and keep up with all the gun laws in different states.
    And some of the laws are written where only a lawyer can make them out.
    Heck you also now have to worry about city laws being different than their state laws.

    On the other hand I am a proponent of states rights.
    What laws they make in California, New Jersey insert favorite State.
    I do not want to have to follow here in Texas.

    And do not get me started on federal law.
    If only this entire country would follow the Constitution as was written by the founders.
    Don't forget tribal laws.
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  11. #10
    Distinguished Member Array NECCdude's Avatar
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    Quote Originally Posted by jmf552 View Post
    The reason we can drive in other states is because of the Driver License Compact, which is an agreement among all the states except Georgia, Wisconsin, Massachusetts, Michigan, Tennessee and Nevada, although those states generally abide by most of it. It is being replaced by the Driver License Agreement, which will include all the states. The main points of these two agreements is how fines, violation points and suspensions are handled across state lines.

    Back before those agreements, you could actually get arrested for speeding in another state and have to post bond before you went on your way. That happened to me as a Missouri driver in Illinois when I was a teenager.

    Back to the subject at hand, I am for states' rights also, but I think being a law abiding citizen in one state and a felon in the next is way out of line. If I accidentally bring a gun into the wrong state, it should be a fine, maybe even a big fine, but not jail time. An honest gun carrier making a mistake is no harm to society and hasn't done anything wrong.
    I always have a "problem" with the possibility of being charged with a felony in a state I'm visiting that isn't a felony in state I live but I would be considered a felon in all states and lose my 2A rights. That ain't right.
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    VIP Member Array mcp1810's Avatar
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    It is because each state has their own Constitution and laws. The possession and carrying of weapons is determined by the residents of each state.

    Not all Rights travel with us. Try going to a neighboring state on election day and voting there.
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    VIP Member Array jmf552's Avatar
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    The whole felony thing is an anachronism. It started in feudal England in the Middle Ages. It was on the level of a capital crime. If you got convicted of a felony, you lost all your property and were either imprisoned indefinitely or executed. The stuff some states have as felonies now is ridiculous.

    The Republic of Ireland did away with the whole misdemeanor vs felony distinction and have been doing find without it. Each crime has it's own unique level of punishment and it's own unique future restrictions on the convicted, but there is not that big dividing line.
    maxwell97 likes this.
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    Iím curious as to why the US Constitution article IV section 1 would not apply. That would be the full faith and credit clause.


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    VIP Member Array CWOUSCG's Avatar
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    Quote Originally Posted by Hoganbeg View Post
    Unequal protection under the law comes to mind. Vehicular travel is not even considered a right yet it is more equitably treated than weapons. It is my belief that the Supreme Court purposely avoids 2A issues as much as possible, especially the Right to carry off of one's property. Their reasoning may be that it is not an issue affecting a large percentage of citizens or it could be a lack of disinterest; or just cowardice.
    Only because we allowed it to not be a right. As citizens we have the right to travel freely anywhere in the country, we allowed the state and federal governments to put restrictions on vehicular travel.


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    Yes, the US Constitution contains the "full faith and credence" clause requiring every state to honor the official acts of every other state, such as marriage licenses, driving licenses, divorce decrees, child custody orders, and many other legal obligations. Somehow the powers that be have ignored the Second Amendment guarantees, as well as firearms licensing (where applicable), when it comes to this Constitutional requirement.

    Imagine that! Government officials who want to pick and choose what part of the Constitution they want to support and defend (as required by their oaths of office).

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