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Wall Street Journal - next generation of gun rights law suits under way

Mike

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http://blogs.wsj.com/law/2010/03/30/hellers-offspring-a-look-at-the-new-generation-of-gun-control-suits

By Vanessa O'Connell
These are the offspring of Heller:

A woman contends her small stature makes her an appealing target for criminals but says she was turned down for a concealed-carry handgun permit by the Sacramento County sheriff.

A Californian man, born without an arm below the right elbow, argues that the state’s roster of “approved” handguns precludes him from being able to buy a left-handed Glock.

An American man who now lives in Canada would like to purchase guns in the U.S. to store at his relatives’ home in Mount Vernon, Ohio, to use for sporting and self-defense.

. . .

Tom G. Palmer, a gay man who once used a handgun to avoid gay-bashing. One of the original plaintiffs in Heller, Palmer is suing Washington, D.C., arguing that the city’s ban on carrying handguns in public is invalid under Heller.

“What we are saying is you can’t ban open-carry and concealed carry and leave people no option at all” for carrying guns, Gottlieb said.
 

Mike

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cloudcroft wrote:
This is especially relevant to Hawaii which also doesn't allow OC and won't issue permits for CC.
We are tracking that if a person is issued a carry permit, the law allows for open or concealed carry - do you have cite to authority indicating otherwise?
 

Mike

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cloudcroft wrote:
Mike,

I don't know if Hawai fits your "tracking" exactly -- I don't live there (yet) -- but your post (and that comment by Gottlieb) made me think of Hawaii as it's "may issue" (but does not issue) and it doesn't allow OC...so there is NO WAY the average person legally can carry in ANY form.
That is not what we understand - we understand that the permit to carry allows both OC and CC - can you refute this?
 

usaf0906

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Mike wrote:
cloudcroft wrote:
No OC allowed.
Pls cite to authority (see rules).

http://www.honolulupd.org/info/gun134-9.htm

Reference: HRS 134-9


No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or compliance with section 134-5(c) or 134-6.



I think Cloudcroft was trying to point out that an unlicensed citizen cannot carry openly, and the process for getting a permit is difficult.
 

darthmord

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Mike wrote:
A Californian man, born without an arm below the right elbow, argues that the state’s roster of “approved” handguns precludes him from being able to buy a left-handed Glock.
Wouldn't this also qualify for a suit under the Disability Act? Basically, government is not treating all citizens equal under the law (14th Amendment anyone?). In this case, the government "approved" list discriminates against citizens with certain disabilities.
 

Mike

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cbackous wrote:
Mike wrote:
cloudcroft wrote:
No OC allowed.
Pls cite to authority (see rules).

http://www.honolulupd.org/info/gun134-9.htm

Reference: HRS 134-9


No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or compliance with section 134-5(c) or 134-6.



I think Cloudcroft was trying to point out that an unlicensed citizen cannot carry openly, and the process for getting a permit is difficult.
OK, that's what I thought - if you get the permit, you are exempted from the ban on both CC and OC.
 

Tawnos

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KBCraig wrote:
What the heck is a "left-handed Glock"?
The journalist needed a name for a pistol that he couldn't buy, so he referred to his handy chart:

journalist_guns_2.jpg
 

DEFENSOR

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Maybe I need to get a life but that is one of the funniest things I have seen in a long time.
 

kwikrnu

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NewZealandAmerican wrote:
I think Illinois might be one of the last states to stop unlawfully infringing on carry (open or concealed) period!
Any State which requires a permit to carry a loaded handgun infringes on the right to bear arms. Tennessee is one of these States. Until they allow open carry without fingerprinting, background checks, courses, and fees carry is not a right.
 
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