Archive for the ‘Reciprocity’ Category:

A little History, a little looking ahead…

R vs. D

Gun Control is a hot topic, especially with the election drawing near.  To me, Gun Control is hitting what you aim at.  To some, Gun Control means banning guns from law-abiding citizens. Technically, criminals are already banned from having guns, or it is a crime to use one in the commission of a crime, but…try disarming the criminals.  Ask Mayor Bloomberg how well that worked for New York. Let’s look back at some history; Between 1997 and 2004, when President Obama was an Illinois state senator, he supported banning all forms of semi-automatic weapons (emphasis added). The Read More »

Introducing Gun Laws by State, 2012 Edition: Part V

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The Reciprocal Carry Conundrum: Part V Determination of the Controlling Laws of the Reciprocal State: How to Conduct and Check Your Legal Research! A big part of legal education is “finding” the law. It seems fairly straight forward as it relates to firearms law and to some extent it is with routine questions. Laws will be local, state and/or federal. These laws are found in administrative rules, statutes and case law. Throughout this introductory series for, these sources of law have been identified and through gunlawsbystate.com, or Gun Laws by State, the book, the locations of Read More »

Introducing Gun Laws by State, 2012 Edition: Part IV

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The Reciprocal Carry Conundrum: Part IV Understanding the Legal System: State Sovereignty Versus Federal Supremacy and How it Works Thus far GLBS (GunLawsByState.com) has set out what it does and why it is so necessary for prudent and lawful reciprocal carry. Now it takes the next step and sets forth why and how local, state and federal law may apply in any given instance of reciprocal carry. This is crucial to evaluating whether to carry in a reciprocal state and, if so, what laws to follow. At this point the constitutionalists may be cringing and asking themselves the following rhetorical Read More »

Introducing Gun Laws by State, 2012 Edition: Part III

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The Reciprocal Carry Conundrum: Part III With Tens of Thoughts of Laws On The Books, How Can You Locate and Follow Laws of Another State For Reciprocal Carry? Before GLBS (GunLawsByState.com), there were but a few books and on-line resources providing a patchwork of coverages to address some aspect of this question. There are some good state-specific guides, and a variety of on-line forums and other sources that cover a specific and general topic, such as whether one state is reciprocal with another state (i.e., it recognizes another state’s license for carry in that state as if it were its Read More »

Introducing Gun Laws by State, 2012 Edition: Part II

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The Reciprocal Carry Conundrum: Part II Doesn't The Second Amendment Allow Me To Carry A Handgun (or Long Gun) Throughout The Country (And If So, Why GLBS!)? In a word, “no.” Broadly, the right to keep and bear arms was conceived as a natural right–a right to self-protection–that the 2nd Amendment was drafted and included in the original Ten Amendments to prohibit the government from limiting. However, even before the Constitution was penned, firearms regulations not incongruent with this right existed. In the Colonies, for instance, there were laws prohibiting the common act of Read More »

Introducing Gun Laws by State, 2012 Edition

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The Reciprocal Carry Conundrum: Part I Conundrum is a noun, and is defined as “something confusing.” Although it may surprise you, there are tens of thousands of laws on the legal books that you face when you engage in carrying a handgun with concealed carry permit (“CCP”) in your state or another state by virtue of reciprocity agreements between certain states. Therefore, it is not an understatement my dear reader for me to tell you what awaits you (and me) with reciprocal carry: mind-numbing confusion. This is why I have authored the definitive paper (book form) and interactive Read More »

Reciprocity and Reciprocal Carry, Part 9 in a 9 Part Series

Reciprocity and Reciprocal Carry, Part 9 in a 9 Part Series

Reciprocity and Reciprocal Carry, Part 9 in a 9 Part Series: The National Right-To-Carry Reciprocity Act of 2011 A topic of intense interest is H.R. 822. This is titled the “National Right-to-Carry Reciprocity Act of 2011.” This bill was introduced on February 18, 2011. The bill proposes to amend 18 U.S.C. 926C, which is where the Law Enforcement Officers Safety Act of 2004 was codified. You may remember from its brief mention in the prior blog post that this law allows qualified off duty and retired police officers to carry a concealed handgun in other states so long as they follow Read More »

Reciprocity and Reciprocal Carry, Part 8 in a 9 Part Series

Reciprocity and Reciprocal Carry, Part 8 in a 9 Part Series:    Right to Interstate Transportation of Firearms   Although the right to reciprocal carry comes from agreements between states to recognize the other’s licenses to carry, a number of important rights that allow reciprocal carry come from federal law. Specifically, there would be no ability to engage in reciprocal carry in other states without the federal right to interstate transportation. Precisely, if you had to traverse a state that did not have reciprocity, then there would be no ability to carry the handgun in a Read More »

Reciprocity and Reciprocal Carry, Part 7 in a 9 Part Series

Reciprocity and Reciprocal Carry, Part 7 in a 9 Part Series: Law Enforcement Encounters in Other States In perhaps a controversial blog in this series on reciprocal carry, I put forth what most attorneys could indicate are general rules for law enforcement encounters in foreign states with reciprocal carry. This blog covers some common issues that may arise, such as identifying yourself to law enforcement officers, to what position a defense attorney, without knowing the specific facts of a case, would take with the use of deadly force. You should know and understand such general rules, or Read More »

Reciprocity and Reciprocal Carry, Part 6 in a 9 Part Series

Reciprocity and Reciprocal Carry, Part 6 in a 9 Part Series

Reciprocity and Reciprocal Carry, Part 6 in a 9 Part Series: How To Research and Determine a Foreign State’s Law Carrying a handgun in another state by reciprocity is a big responsibility. The old adage, “Ignorance of the law is no excuse”, is really true. While a judge or jury may ultimately apply the law in such a way that you will not be convicted for a technical violation, given you may not have the mens rea or criminal intent, you should not assume this. Moreover, this would likely occur only after an expensive and gut-wrenching trial in a state where you do not live. This should Read More »