I've always thought this too. Seems like a slam dunk.DParker wrote:You know, I've always thought those states' issue policies might be successfully challenged as violations of the Equal Protection clause, assuming even a single permit had been issued to anyone by a given jurisdiction. I wonder why no one has tried (to my knowledge, at least.)Liko81 wrote:Eh, not quite. My read is that a State has the power to regulate carry of firearms, but such regulation cannot be arbitrary or capricious (which means simply "without cause; impulsive"). The state must show compelling government interest in completely prohibiting CC (and because 48 of 50 states have some sort of CC issue policy, and 39 of them are "shall-issue", that's going to be a VERY tough argument to make), and it cannot adopt or continue a "may-issue" policy that relies on personal discretion. I think the CC laws of Hawaii, southern California, Maryland, New Jersey and New York are most in danger because their #1 reason for denial is quite literally "because I said so"; they do not issue even though they can.
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Return to “So there I was, glossing over the SC decision”
- Thu Jun 26, 2008 6:32 pm
- Forum: General Gun, Shooting & Equipment Discussion
- Topic: So there I was, glossing over the SC decision
- Replies: 7
- Views: 2389