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Thread: Puerto Rico court rules open and concealed carry is legal without permit

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    Puerto Rico court rules open and concealed carry is legal without permit

    http://www.marketwatch.com/story/saf...hts-2015-06-19

    BELLEVUE, Wash., June 19, 2015 /PRNewswire-USNewswire/ -- A surprising victory for gun rights in Puerto Rico has eliminated the firearms registry and licensing requirements to purchase and carry in the Commonwealth, the Second Amendment Foundation has confirmed.

    . . .

    Because of the ruling, Barreras said, Puerto Ricans may now carry openly or concealed without a permit, and they do not need to obtain a permit before purchasing a firearm.

    . . .

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    Campaign Veteran skidmark's Avatar
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    HORY CLAP!

    Congrats to Ladies of the Second Amendment and all Puerto Ricans.

    Given what I remember of the prior condition, it was pretty draconian.

    stay safe.
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    Awesome!
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    I can almost hear PR lawmakers scrambling to write new gun control laws. I'm sure the D.C. City Council will be their guide.
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    Quote Originally Posted by paramedic70002 View Post
    I can almost hear PR lawmakers scrambling to write new gun control laws. I'm sure the D.C. City Council will be their guide.
    I thought they were shall-issue as a result of another lawsuit a few years ago. And from the little info we have now there was some kind of ownership license which got knocked down. Sounds like there's not a whole lot of re-writing that can be done. It'll have to be appealed.

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    Can we get a link to the decision?

    None of the "news reports" even names the case, so forgive me if I'm skeptical. It would not be the first time that a gun rights organization has lied.
    Last edited by WCrawford; 06-21-2015 at 10:48 AM.

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    Not the decision you asked for, but a link to the SAF site (same content as link above, but from the horse's mouth):

    http://www.saf.org/?p=6431

    O2

    Ps. SAF is very trustworthy. Believe them when they say they've won...
    Last edited by O2HeN2; 06-21-2015 at 12:51 PM.
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    Last edited by notalawyer; 06-22-2015 at 01:52 AM.

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    I read a discussion of this case which contained some English translation of the important points (http://volokh.com/2011/05/18/the-pue...uns-in-public/) and although the translation they relied on was not official, I did not come away with the same conclusion that SAF reported in it press release as far as permit-less concealed or open carry. To be sure a great victory, but I think the final analysis may be a bit premature.

    But anyway, I do hope that what was reported is true and I am awaiting confirmation.

    EDITED: Just noticed that the link above is to a blog post dated May 2011 discussing an earlier separate second amendment case in Puerto Rico . . . hmmm, nevermind, mystery solved ;-)
    Last edited by OC4me; 06-29-2015 at 04:56 PM.

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    Campaign Veteran MAC702's Avatar
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    Has this taken effect? Are people now carrying freely in PR? Are their gun shops actually selling freely now?
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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    Quote Originally Posted by MAC702 View Post
    Has this taken effect? Are people now carrying freely in PR? Are their gun shops actually selling freely now?

    No.........

    http://www.guns.com/2015/06/22/judge...rico-gun-laws/


    "However, the Department of Justice for Puerto Rico, in a statement Friday, cautioned the ruling is suspended for 60 days pending filing of appeal, which could send the case eventually to the Commonwealth’s Supreme Court."
    I am not a lawyer, I study the history of gun control laws.

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    With reference to the Spanish-langue decision here: http://www.noticel.com/uploads/galle...4036f3800e.pdf

    I just ran the case's summary conclusion through Google translate. Here is the result:

    "We can not escape the conclusion, outlined lose statutes affect a fundamental and individual rights of our citizens and do not comply with the following requirements:

    1. The existence of a pressing social interest
    2. that the "compelling" social interest can only be achieved through legislation that has been designed and that other forms exist, which is conceived is the least restrictive of the alternatives
    3. that the legislation is designed to minimize the effect of intrusion on the rights of citizenship or the danger of influencing it.

    For the reasons stated above mind, this court declares NO GROUNDS the motion to dismiss filed by demandodos."
    Last edited by OC4me; 06-29-2015 at 04:58 PM.

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    Link

    Quote Originally Posted by OC4me View Post
    With reference to the Spanish-langue decision here: http://www.noticel.com/uploads/galle...4036f3800e.pdf

    I just ran the case's summary conclusion through Google translate. Here is the result:

    "We can not escape the conclusion, outlined lose statutes affect a fundamental and individual rights of our citizens and do not comply with the following requirements:

    1. The existence of a pressing social interest
    2. that the "compelling" social interest can only be achieved through legislation that has been designed and that other forms exist, which is conceived is the least restrictive of the alternatives
    3. that the legislation is designed to minimize the effect of intrusion on the rights of citizenship or the danger of influencing it.

    For the reasons stated above mind, this court declares NO GROUNDS the motion to dismiss filed by demandodos."
    I speak a little Spanish, and my wife is fluent... but your link leads to "page not found".

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    I fixed the link but I fear that it is a dynamic server generated URL and will just break again. If it does then just google "www.noticel.com" "puerto rico" "second amendment". The case will be a PDF file and should be one of the first in the search results.
    Last edited by OC4me; 06-29-2015 at 05:00 PM.

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    More than 60 days since decision. Has an appeal been filed in this case?

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    not over yet!

    Quote Originally Posted by cocked&locked View Post
    More than 60 days since decision. Has an appeal been filed in this case?

    Yes an appeal has been filed by ELA, this isn't over yet even though the ELA will loose they will try any witch way they can the ELA has no argument. If a firearms permit is desired for now you still have to file with the local law enforcement. It so illogical they have four types of permits a possession's permit,target shooting permit, conceal carry permit $2000+, hunters permit.


    you could also follow Sandra Barreras on this web site:

    http://www.dsepr.org/


    also here's the court appeal:
    http://www.dsepr.org/noticias/14-apel-sentencia-recon
    Last edited by chocofan; 09-22-2015 at 12:10 PM.

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    Thanks for the link! For what it is worth (probably a lot to them), I just sent over a $100.00 donation.

    At this advanced stage in the litigation, the outcome definitely affects the rights of all Americans!

    A victory will serve as binding precedent in their circuit as well as provide the Supreme Court yet another opportunity (if they chose to take it) to clarify Second Amendment law.

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    If only America can do this.
    This is not a states rights issue
    Last edited by travr6; 09-24-2015 at 10:40 AM.

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    Quote Originally Posted by OC4me View Post
    Thanks for the link! For what it is worth (probably a lot to them), I just sent over a $100.00 donation.

    At this advanced stage in the litigation, the outcome definitely affects the rights of all Americans!

    A victory will serve as binding precedent in their circuit as well as provide the Supreme Court yet another opportunity (if they chose to take it) to clarify Second Amendment law.

    Yes sir it does effect every American, not just the porterican's, local law enforcement is at a stage where they can no longer handle there own matter's so FBI is stepping in. also to shoot at a range one need's a firearm's permit (target shooting permit) + $300. in Puerto rico but three local mayor's from or near the town of Catano fired weapon's at a local police shooting range with out any kind of permit where they where not supposed to, using local municipal police gun's. These mayor's where not arrested but are under investigation. They clearly broke the law but yet they manage to skate through everything. If it where John Doe he would have been arrested and already charged, but being these public figures well a slap on the wrist.

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