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View Full Version : How will Heller affect traveling and licensing?


CHS
12-24-2008, 11:17 AM
Something I was thinking about earlier that I can't really wrap my brain around. Heller said that it was actually ok to enact licensing systems in order to exercise our right to keep and bear arms.

How will this fly though in relation to traveling and exercising rights?

For example, NYC has a permit system if you want to own a handgun and "Keep and Bear" it inside the city. This effectively makes it so that I cannot visit NYC and bring a firearm with me to keep in my hotel room for self defense, for I would be in violation of the permit system. Also, the current NYC system costs something like $400, takes 8 months to get, and involves an interview with a police officer. Someone from out of state can't go through all that just to travel with their firearms, which are now an individual right.

So, how will this be reconciled in a post-Heller world? :)

Quiet
12-24-2008, 3:19 PM
Don't we need to wait for incorporation before tackling this quandary?

nobody_special
12-24-2008, 3:34 PM
Heller said that it was actually ok to enact licensing systems in order to exercise our right to keep and bear arms.

No it didn't... at least, not for non-NFA arms.

sorensen440
12-24-2008, 3:52 PM
Don't we need to wait for incorporation before tackling this quandary?
No need to wait to have these brainstorming sessions

CHS
12-24-2008, 10:18 PM
No it didn't... at least, not for non-NFA arms.

Yes it did:

"The D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously"

rayra
12-24-2008, 10:44 PM
There is already 'peaceable journey' laws at a Federal level, meant to protect legal firearm owners traveling with their firearms. And Democrat-controlled ****holes like NYC ignore those rules and prosecute.
So I can't imagine Heller making that situation any worse.

Same for other anti-freedom firearm legislation passed by Democrat controlled jurisdictions. They pass that garbage anyway irregardless of Heller. And in DC's case, in direct defiance of it.

truthseeker
12-24-2008, 10:48 PM
"For example, NYC has a permit system if you want to own a handgun and "Keep and Bear" it inside the city. This effectively makes it so that I cannot visit NYC and bring a firearm with me to keep in my hotel room for self defense, for I would be in violation of the permit system. Also, the current NYC system costs something like $400, takes 8 months to get, and involves an interview with a police officer. Someone from out of state can't go through all that just to travel with their firearms, which are now an individual right."

I cannot believe that anyone would consider that "common sense gun laws".

That is like having to get a permit to exercise your right to cuss in public!

I despise ALL politicians! They ALL merely play a game of "you scratch my back by voting for this horrible law and I will repay you by voting for a law that you want passed in the future".

I really hope that America wakes up and says collectively that "We the people will not take this crap anymore"!

CHS
12-24-2008, 10:52 PM
I cannot believe that anyone would consider that "common sense gun laws".

That is like having to get a permit to exercise your right to cuss in public!

People are really stupid.

However, that is the law. My curiosity is how are these going to be enforceable post-heller, or how will they be challenged post-heller.

nobody_special
12-25-2008, 12:15 AM
Yes it did:
Quote: "The D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously"

Oh, of all disingenuous quoting, this takes the cake. The full sentence from the Heller decision is here:
Because Heller conceded at oral argument that the D. C. licensing law is permissible if it is not enforced arbitrarily and capriciously, the Court assumes that a license will satisfy his prayer for relief and does not address the licensing requirement.
(Emphasis added)

The Heller decision does not endorse licensing/registration, and in fact this suggests to me that they may have ruled it unconstitutional if asked.

nicki
12-25-2008, 2:29 AM
Alan Guru LLP (lawyer for Heller) stated at the SAF GRPC conference in Sept2007 that the Heller case was tailored narrowly so that they could get a ruling that the 2nd amendment was a individual right.

The licensing of guns was not challenged in this case, it was the ban that was.

I can see licensing systems surviving provided the state's can justify the need for the licensing system and the licensing system needs to be administered so that it doesn't impose unnecessary burdens on the applicants.

Licensing systems probably also will have to be equally administered so that they don't discriminate.

We will have fun in the next few years.

Nicki

JDay
12-25-2008, 2:41 AM
There is already 'peaceable journey' laws at a Federal level, meant to protect legal firearm owners traveling with their firearms. And Democrat-controlled ****holes like NYC ignore those rules and prosecute.
So I can't imagine Heller making that situation any worse.

Same for other anti-freedom firearm legislation passed by Democrat controlled jurisdictions. They pass that garbage anyway irregardless of Heller. And in DC's case, in direct defiance of it.

Peaceable journey only protects you if its legal for you to have the firearm in the state you leave from and the one you travel to.

JDay
12-25-2008, 2:43 AM
"For example, NYC has a permit system if you want to own a handgun and "Keep and Bear" it inside the city. This effectively makes it so that I cannot visit NYC and bring a firearm with me to keep in my hotel room for self defense, for I would be in violation of the permit system. Also, the current NYC system costs something like $400, takes 8 months to get, and involves an interview with a police officer. Someone from out of state can't go through all that just to travel with their firearms, which are now an individual right."

I cannot believe that anyone would consider that "common sense gun laws".

That is like having to get a permit to exercise your right to cuss in public!

I despise ALL politicians! They ALL merely play a game of "you scratch my back by voting for this horrible law and I will repay you by voting for a law that you want passed in the future".

I really hope that America wakes up and says collectively that "We the people will not take this crap anymore"!

Its actually illegal to cuss in public in some places, Virginia Beach comes to mind.