How can Illinois deny my right to carry?

[M14 Shooter]

If a state offers a license to (x), it cannot constitutionally deny a license to (x) from another state.

We'll just have to agree to disagree on that point.

Roger that.

 

[jon_berzerk]

According to the US 7th Circuit, I have a right to carry a loaded and concealed firearm in the state of Illinois; said right is protected by the 2nd Amendment.
http://www.harvardlawreview.org/wp-content/uploads/pdfs/vol126_moore_v_madigan.pdf

Since this ruling, Illinois changed its laws to be a shall-issue CCW state.

How then can Illinois constitutionally refuse to honor my Ohio CCW permit?

why does it even matter what their law is

the SC decided you can do it

 

[M14 Shooter]

If a state offers a license to (x), it cannot constitutionally deny a license to (x) from another state.

We'll just have to agree to disagree on that point.
I'm a firm believer in states' rights, and any time the Feds step in to settle a dispute, there are no winners.
However, with the recent SCOTUS ruling on SSM, perhaps they could use the same convoluted logic on the topic of concealed carry and we wouldn't have to worry about conflicting state laws in the future - especially since the right to "keep and bear arms" is explicitly mentioned in the Constitution, while marriage (of any sort) is not.

Let me ask you this: Can a person with a valid drivers' license in Ohio drive legally in Illinois? There should be no difference; in fact, LESS difference. The Constitution does not guarantee the right to drive.

Moreover, by obtaining a OH CCW you have necessarily gone thru training and passed a demonstrative and written test -- there's no mandatory training for a DL.

 

[Ernie S.]

If a state offers a license to (x), it cannot constitutionally deny a license to (x) from another state.

We'll just have to agree to disagree on that point.
I'm a firm believer in states' rights, and any time the Feds step in to settle a dispute, there are no winners.
However, with the recent SCOTUS ruling on SSM, perhaps they could use the same convoluted logic on the topic of concealed carry and we wouldn't have to worry about conflicting state laws in the future - especially since the right to "keep and bear arms" is explicitly mentioned in the Constitution, while marriage (of any sort) is not.

Let me ask you this: Can a person with a valid drivers' license in Ohio drive legally in Illinois? There should be no difference; in fact, LESS difference. The Constitution does not guarantee the right to drive.

Moreover, by obtaining a OH CCW you have necessarily gone thru training and passed a demonstrative and written test -- there's no mandatory training for a DL.

I agree. And Ohio honors Illinois permits. The problem is with Illinois being slow in getting their reciprocity agreements in place.

 

[Alystyr]

If a state offers a license to (x), it cannot constitutionally deny a license to (x) from another state.

We'll just have to agree to disagree on that point.
I'm a firm believer in states' rights, and any time the Feds step in to settle a dispute, there are no winners.
However, with the recent SCOTUS ruling on SSM, perhaps they could use the same convoluted logic on the topic of concealed carry and we wouldn't have to worry about conflicting state laws in the future - especially since the right to "keep and bear arms" is explicitly mentioned in the Constitution, while marriage (of any sort) is not.

Let me ask you this: Can a person with a valid drivers' license in Ohio drive legally in Illinois? There should be no difference; in fact, LESS difference. The Constitution does not guarantee the right to drive.

The driver's license issue is all a matter of reciprocity agreements between the states, but it took time for it to happen.
We can only hope that concealed carry progresses similarly (but quickly).

 

[Ernie S.]

I think it needs a court case, actually. As it stands now, I have to drive around South Carolina to get to North Carolina where my license is good.

 

[LuckyDuck01!]

Perhaps it is time to get the SCOTUS involved in the matter again. After all, the Second Amendment to the U.S. Constitution does state that the people have the right to "bear" arms. Taken literally, it means that the people have the right to "carry" weapons. One concealed carry permit, along with one firearms safety course, should be good for all states. After all, the general populace doesn't feel threatened if they cannot see the weapon and thus don't know the person is armed for their personal safety/protection.....and.....if an unarmed citizen is in danger for their life, the person near them, carrying a concealed weapon, would more than likely be their savior. The police are a "reactionary" force. They arrive "after" the unarmed citizen is already a victim.

 

[whitehall]

You have to be a resident of the state in order to be authorized to carry a concealed weapon. There are convoluted laws enacted to authorize out of state CCW's but democrats are fighting it every step of the way and the political climate during a democrat administration might get you locked up and your weapon confiscated.

 

[Jarlaxle]

How then can Illinois constitutionally refuse to honor my Ohio CCW permit?

Constitutionally, they aren't denying your right to carry. They just aren't recognizing a document issued by another state.

Which is, on its face, unconstitutional!

 

[danielpalos]

If you just "pass through" the State for "commuting purposes", then simply proclaim your True Intentions to the appropriate police authority, so they have it on file; should there be Any need to quibble in legal venues.

 

[Dont Taz Me Bro]

According to the US 7th Circuit, I have a right to carry a loaded and concealed firearm in the state of Illinois; said right is protected by the 2nd Amendment.
http://www.harvardlawreview.org/wp-content/uploads/pdfs/vol126_moore_v_madigan.pdf

Since this ruling, Illinois changed its laws to be a shall-issue CCW state.

How then can Illinois constitutionally refuse to honor my Ohio CCW permit?

States don't have to recognize CCW permits from other states. Many states have reciprocity agreements with other states. For instance, I got my CCW permit when I lived in South Carolina, but I can use it here in Nevada because they accept each others. Some states, mostly far left Democrat states, won't accept anyone else's permits because the Democratic party opposes gun ownership

There was legislation introduced a few years back to force all states to recognize every other state's permit, but it was killed in the Senate by a handful of Republicans, mainly George Voinovich and Dick Luger.

 

[M14 Shooter]

According to the US 7th Circuit, I have a right to carry a loaded and concealed firearm in the state of Illinois; said right is protected by the 2nd Amendment.
http://www.harvardlawreview.org/wp-content/uploads/pdfs/vol126_moore_v_madigan.pdf

Since this ruling, Illinois changed its laws to be a shall-issue CCW state.

How then can Illinois constitutionally refuse to honor my Ohio CCW permit?

States don't have to recognize CCW permits from other states

Yes. The question is how they can constitutionally do this, especially in the case noted here.

 

[Compost]

Alas, the right to bear arms is not quite straight forward. Happily, as Alystyr said, some states honor concealed carry permits from other states. You have to check before you travel. AAA should add that need to know detail on their triptiks!

 

[M14 Shooter]

Alas, the right to bear arms is not quite straight forward. Happily, as Alystyr said, some states honor concealed carry permits from other states. You have to check before you travel. AAA should add that need to know detail on their triptiks!

Yes. The question is how can IL constitutionally do this.

 

[Compost]

Alas, the right to bear arms is not quite straight forward. Happily, as Alystyr said, some states honor concealed carry permits from other states. You have to check before you travel. AAA should add that need to know detail on their triptiks!

Yes. The question is how can IL constitutionally do this.

States have the first say. States rights trump federal. That is in the constitution. So things like concealed carry are controlled by each state. We all have the right to bear arms thanks to the 2nd amendment but states set specific limits.

 

[M14 Shooter]

Alas, the right to bear arms is not quite straight forward. Happily, as Alystyr said, some states honor concealed carry permits from other states. You have to check before you travel. AAA should add that need to know detail on their triptiks!

Yes. The question is how can IL constitutionally do this.

States have the first say. States rights trump federal. That is in the constitution.

The states cannot violate the 2nd amendment, since its incorporation, any more than they can violate the 1st.

 

[Compost]

It's not violating the 2nd amendment to put in rules. For example, states handle checking someone's record before they are sold a gun. There's the Right to Bear Arms, and there's common sense laws at the local level that attempt to keep felons or the dangerously mentally ill from having guns.

 

[M14 Shooter]

It's not violating the 2nd amendment to put in rules.

Denying someone the exercise of their rights simply because they are not in their home state is most certainly a constitutional issue - in this case, a 2A issue as applied to the states thru the 14th amendment.

 

[Compost]

It's not violating the 2nd amendment to put in rules.

Denying someone the exercise of their rights simply because they are not in their home state is most certainly a constitutional issue - in this case, a 2A issue as applied to the states thru the 14th amendment.

Not really, but it obviously troubles you. I suggest you take it up with your state reps. Demand that they work to achieve reciprocity in all states.

 

[M14 Shooter]

It's not violating the 2nd amendment to put in rules.

Denying someone the exercise of their rights simply because they are not in their home state is most certainly a constitutional issue - in this case, a 2A issue as applied to the states thru the 14th amendment.

Not really

Explain how. With specifics.