H.R. 38 & H.R. 4477 National Reciprocity and fix-NICS combined pases House 12/6/17

[speedrrracer]

I have to wonder if Winkler, as a law professor was misquoted here.

Even if the abuser was prohibited from having a gun, the Concealed Carry Act says no state law can prevent him from "possessing or carrying" a handgun if he has out-of-state permit.

That would also effectively overturn state laws barring certain dangerous people from having guns. If any other state thinks it's okay, that state wins.

Yes, HR38 would render moot many state restrictions to CCW. It will not negate any of the plethora of state or federal laws which make a person "Prohibited" from even possessing a firearm.

Even in CC States, those individuals cannot legally possess a firearm. Let alone "legally" get a state issued CCW.

Why do you think he was mis-quoted? It seems to make sense. HR38, if it became Federal law, would eat some state-level laws, and that appears to be all Winky is saying in the quote.

The certain abusive & dangerous people he's talking about are, for example, those victims of California-style progtard legislatures, which would love to eliminate your 2A rights simply because you have unpaid parking tickets. (e.g.) Arkansas wouldn't dream of stripping your civil rights under such circumstances, so since your Arkansas-issued CCW is still valid, you'd still be able to carry in CA even though, as a serial poor parker, you are clearly on the same level as Jeffrey Dahmer, and highly abusive & dangerous

What Winky should have said is that "HR 38 defends your civil rights to the utmost by ensuring that no rogue state can strip your 2A rights as long as any other state believes you should still have them, and is willing to issue you a CCW"

And I'll bet if this were about abortion or some other, lesser right that's "in" with the political correctness crowd he would have phrased it along those lines.

[OttoLoader]

Another article by calguns.net favorite professor.

[MrFancyPants]

This guy acts like 400,000 more legally carried guns in LA would be a bad thing.

Well yeah, blood in the streets and all. With that many concealed pistols it would be just like the "wild west" with shoot outs happening in every other doorway. Of course the opponents are just doubling down on their ignorance, since gunfights even back then were few and far between. It wasn't like the sensationalized portrayal we see in movies. The old adage is true, an armed society is a polite society. It's just too bad they care more about the agenda of the left to control citizens than our actual safety.

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[ajb78]

I have to wonder if Winkler, as a law professor was misquoted here.

Even if the abuser was prohibited from having a gun, the Concealed Carry Act says no state law can prevent him from "possessing or carrying" a handgun if he has out-of-state permit.

That would also effectively overturn state laws barring certain dangerous people from having guns. If any other state thinks it's okay, that state wins.

Yes, HR38 would render moot many state restrictions to CCW. It will not negate any of the plethora of state or federal laws which make a person "Prohibited" from even possessing a firearm.

Even in CC States, those individuals cannot legally possess a firearm. Let alone "legally" get a state issued CCW.

I keep hearing that argument from the opposition, not sure how they think this creates a loophole to Federal law? One person (can't remember where I read or heard it though) did expand a little further on this, in regards to the type of relationship, saying that some states include dating relationships in their statutes; at least that makes a little more sense.

[pacrat]

I have to wonder if Winkler, as a law professor was misquoted here.

Even if the abuser was prohibited from having a gun, the Concealed Carry Act says no state law can prevent him from "possessing or carrying" a handgun if he has out-of-state permit.

That would also effectively overturn state laws barring certain dangerous people from having guns. If any other state thinks it's okay, that state wins.

Yes, HR38 would render moot many state restrictions to CCW. It will not negate any of the plethora of state or federal laws which make a person "Prohibited" from even possessing a firearm.

Even in CC States, those individuals cannot legally possess a firearm. Let alone "legally" get a state issued CCW.

[71MUSTY]

UCLA law professor Adam Winkler on HR38:
http://www.nydailynews.com/opinion/c...icle-1.3682065

This guy acts like 400,000 more legally carried guns in LA would be a bad thing.

[sfpcservice]

What do you think would happen if Colorado announced today that they will no longer honor out-of-state driver's licenses, while at the same time refusing to issue a driver's license to Colorado residents?

The 9th circuit would rule in favor of Colorado on en banc?

[FourT6and2]

This would happen.

lol

[Dan_Eastvale]

What do you think would happen if Colorado announced today that they will no longer honor out-of-state driver's licenses, while at the same time refusing to issue a driver's license to Colorado residents?

This would happen.

[FourT6and2]

not sure why everyone is getting their hopes up even if it becomes law california wont recognize it as law

What do you think would happen if Colorado announced today that they will no longer honor out-of-state driver's licenses, while at the same time refusing to issue a driver's license to Colorado residents?

[FourT6and2]

UCLA law professor Adam Winkler on HR38:
http://www.nydailynews.com/opinion/c...icle-1.3682065

Well yes, the author is correct. But in this case, gun owners and pro-gun people are ok with this bill skirting state power and local municipality power. I'm totally ok with it because those states and those municipalities have laws and regulations restricting rights where they should not. That's the difference. This bill effectively provides a workaround to overly restrictive legislation, therefore restoring freedom and liberty to where it is absent.

[Garbcollector]

not sure why everyone is getting their hopes up even if it becomes law california wont recognize it as law

[Paladin]

UCLA law professor Adam Winkler on HR38:

http://www.nydailynews.com/opinion/concealed-carry-gun-bill-massive-overhaul-u-s-weapons-law-article-1.3682065

[Paladin]

In CA, calling the two fraud senators is a waste of time. They both have a selective recognition of the US Constitution. Focus needs to be on the democrats that are up for re-election in states that actually recognize the 2A.

If you are responding to my post, I never said to contact them to try to switch them to our side.

I just suggested contacting them to ask when HR 38 or S 466 will start to be debated or voted on in the Senate, since that's what folks here are wondering.

[CalAlumnus]

In CA, calling the two fraud senators is a waste of time. They both have a selective recognition of the US Constitution. Focus needs to be on the democrats that are up for re-election in states that actually recognize the 2A.

Call them and tell them to support Fix NICS even if it means also supporting reciprocity.