Results 1 to 6 of 6

Thread: Interesting analysis of Heller-MCDonald line of cases by Jim March

  1. #1
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Interesting analysis of Heller-MCDonald line of cases by Jim March

    Though Mr. March is apparently not an attorney, his explanation of the likely result of Heller-McDonald seems on target - namely, that generalized state law bans on gun carry in public are going to be crushed, as will discretionary license schemes, including those schemes which discriminate against state citizenship by way of either (1) banning a person from applying for a gun carry permit if she does not reside in that state or (2) refusing to accept a permit because the holder does not reside in the state of issuance.

    OpenCarry.org member Gray Peterson has just such a "two birds with one stone case" ongoing right now against Colorado - and Jim points out that despite the McDonald Court not overturning The Slaughterhouse Cases (limiting applicablity of the 14th Amendment's Privileges **or** Immunities clause), BOTH the S. Ct.'s holding in Ward v. Maryland (1870) that the 14th Amendment's Privileges or Immunities clause DOES extend to state discrimination against non-residents, as well as Article IV's Privilege's **and** Immunities clause's jurisprudence, clearly supports Gray's challenge to Colorado's scheme of state citizenship discrimination - if Gray succeeds in forcing Colorado to both (1) issue state carry permits to non-residents, and to (2) stop refusing to accept other states' permits which it generally accepts if they are held by persons who do not live in the state issuing the permit, then Gray will have singlehandedly set the state for nation-wide right to carry!
    -----
    See March's paper at http://pmancus.powweb.com/blog-docs/...d-mcdonald.pdf

  2. #2
    Campaign Veteran gogodawgs's Avatar
    Join Date
    Oct 2009
    Location
    Federal Way, Washington, USA
    Posts
    5,666

    Gray...

    is an amazing individual in the case for open carry. It is a pleasure to have him in Washington and to occasionally get to talk and hang out with him.
    Live Free or Die!

  3. #3
    Campaign Veteran Bookman's Avatar
    Join Date
    Aug 2008
    Location
    Winston Salem, North Carolina, United States
    Posts
    1,424
    Quote Originally Posted by gogodawgs View Post
    is an amazing individual in the case for open carry. It is a pleasure to have him in Washington and to occasionally get to talk and hang out with him.

    +1 on that! We here are pretty proud of Gray. He was also a plaintiff in the case against the Seattle Parks gun ban. He has probably done more for OC in this state than any single other person.
    Last edited by Bookman; 08-24-2010 at 07:14 AM.
    "All that is required for evil to prevail is for good men to do nothing." - Edmund Burke


    "I like people who stand on the Constitution... unless they're using it to wipe their feet." - Jon E Hutcherson

  4. #4
    Founder's Club Member
    Join Date
    Jun 2008
    Location
    Lynchburg, Virginia, USA
    Posts
    2,201
    Mike is Gray's lawsuit actually against Colorado or Oregon?

  5. #5
    Regular Member
    Join Date
    Mar 2008
    Location
    Lancaster County, PA
    Posts
    118
    Quote Originally Posted by jmelvin View Post
    Mike is Gray's lawsuit actually against Colorado or Oregon?
    Neither. It's specifically against the city of Denver, which specifically bans open carry unlike the rest of Colorado, so there's zero chance of out of state carry by people without a resident state license accepted by Colorado.

  6. #6
    Campaign Veteran since9's Avatar
    Join Date
    Jan 2010
    Location
    Colorado Springs, Colorado, USA
    Posts
    6,787

    I'm in

    I'm a retired USAF officer. I think I'd be an excellent witness in court for this issue.
    Last edited by since9; 01-09-2011 at 05:33 PM.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •