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Thread: Effect of McDonald on MN Permit system

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    Regular Member paul@paul-fisher.com's Avatar
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    Effect of McDonald on MN Permit system

    So... Any thoughts on what McDonald will have on the MN permit system? Some of the conventional wisdom is that ALL states will have to offer at least one 'free' method of carry. Do you think MN will drop permits completely, making Constitutional Carry or change so that CC or OC will be permitted?

    Thanks!

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    The conventional wisdom that some others have is that "reasonable restrictions" such a licensing & permits are still allowed and that Heller/McDonald only prevents complete ban's such as Chicago/DC.

    The 15th amendment gave blacks the right to vote. But states found a loophole by requiring a poll tax to vote, thereby preventing blacks from voting because at the time they were mostly poor. It took 94 years and the 24th amendment to close that loophole.

    So based on that history a shall-issue gun permit is effectively just a gun tax. And it may be constitutional unless another amendment such as the 24th is passed that ban's any gun-tax or permit schemes.


    I'd say McDonald/Heller will have no impact on MN currently.
    Last edited by drkarrow; 08-19-2010 at 05:04 PM.

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    Quote Originally Posted by paul@paul-fisher.com View Post
    So... Any thoughts on what McDonald will have on the MN permit system? Some of the conventional wisdom is that ALL states will have to offer at least one 'free' method of carry. Do you think MN will drop permits completely, making Constitutional Carry or change so that CC or OC will be permitted?

    Thanks!
    I think that all States will have to allow carry with only some narrow restrictions. I think the pay for a permit will be ruled unconstitutional unless there is another way to carry a handgun which is free. I know Volokh's published paper in the UCLA law review last year doesn't agree, but his paper was pre-McDonald. Plus, the majority in McDonald didn't say anything about "reasonable restrictions." These "shall issue" States issue permits, but take them away for many reasons which may be unconstitutional, are they really "shall issue"?

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    Quote Originally Posted by paul@paul-fisher.com View Post
    So... Any thoughts on what McDonald will have on the MN permit system? Some of the conventional wisdom is that ALL states will have to offer at least one 'free' method of carry. Do you think MN will drop permits completely, making Constitutional Carry or change so that CC or OC will be permitted?

    Thanks!
    Four things come to mind off the top of my head that can probably be challenged.

    1. Charging 100 dollars, at the most, they probably can only charge what it cost to run a background check

    2. Any disqualifiers that are not disqualifiers from possessing, pretty much any non-felony.

    3. The ban on non-immigrant aliens in Minnesota, they are entitled to access to the bill of rights.

    4. Requiring you be 21 years old or more, all other rights are afforded to a person at 18.

    Of course no one in MN will be pushing any of this.

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