Mike
Site Co-Founder
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!
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See March's paper at http://pmancus.powweb.com/blog-docs/bearing-arms-under-heller-and-mcdonald.pdf
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!
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See March's paper at http://pmancus.powweb.com/blog-docs/bearing-arms-under-heller-and-mcdonald.pdf
