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Thread: AMAZING Court Ruling From Puerto Rico!

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    Administrator John Pierce's Avatar
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    AMAZING Court Ruling From Puerto Rico!

    http://volokh.com/2011/05/10/puerto-...public-places/

    The case is Ex parte Roque Cesar Nido Lanausse, 2011 WL 1563927. This Court is adopting a reading of Heller and McDonald as giving constitutional protection to a right to bear or carry. Goes into Scalia’s sensitive places as evidence that some places are not sensitive and therefore there is a right to carry in those places. Court goes on to incorporate second amendment in Puerto Rico.

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    For the most part, this is an excellent case and it will most likely go to SCOTUS. I had a conversation shortly after Heller with someone who was involved with the NRA, they said that no one cares about the territories. I told him that they are golden territory (McDonald was not filed or ruled upon at that time) due to the lack of incorporation.

    It amazed me and it showed me how ignorant even an NRA lawyer could be.

    It's funny, too often many people say Puerto Rico is a corrupt 3rd world island... yet they seem to have more honest judges than most of our circuits do.

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    It looks like an excellent case.

    Quote Originally Posted by Jared View Post
    For the most part, this is an excellent case and it will most likely go to SCOTUS. I had a conversation shortly after Heller with someone who was involved with the NRA, they said that no one cares about the territories. I told him that they are golden territory (McDonald was not filed or ruled upon at that time) due to the lack of incorporation.

    It amazed me and it showed me how ignorant even an NRA lawyer could be.

    It's funny, too often many people say Puerto Rico is a corrupt 3rd world island... yet they seem to have more honest judges than most of our circuits do.
    Good for Puerto Rico! This could be a very strong precident for all American Territories!

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    Quote Originally Posted by ccwinstructor View Post
    Good for Puerto Rico! This could be a very strong precident for all American Territories!
    There is a link to an unofficial translation on his blog. Long read and the first third is just a discussion that amounts to no more than a sad illustration of all the silly legal nonsense that Puerto Rican citizens have to go through to exercise their constitutional rights. The part about Heller comes into play later.
    Last edited by OC4me; 05-19-2011 at 02:50 PM.

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    Quote Originally Posted by OC4me View Post
    There is a link to an unofficial translation on his blog. Long read and the first third is just a discussion that amounts to no more than a sad illustration of all the silly legal nonsense that Puerto Rican citizens have to go through to exercise their constitutional rights. The part about Heller comes into play later.
    That's in part why I left the Island... gun laws are horrible down there... Like I mention in another post, when it comes down to gun laws in P.R. think in N.Y. gun laws... That was at least till 2004, when I left for the states, don't know about now!!! hopefully it gets better in the future !!!

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    Regular Member hermannr's Avatar
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    [QUOTE=Jared;1528561]For the most part, this is an excellent case and it will most likely go to SCOTUS. QUOTE]

    If I remember correctly, I was reading a legal commentary shortly after this PR Supreme Court ruling, and the concensus was, no, it not only won't go to SCOTUS, it can't. Something about their legal status, because they are not a state.

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    [QUOTE=hermannr;1709026]
    Quote Originally Posted by Jared View Post
    For the most part, this is an excellent case and it will most likely go to SCOTUS. QUOTE]

    If I remember correctly, I was reading a legal commentary shortly after this PR Supreme Court ruling, and the concensus was, no, it not only won't go to SCOTUS, it can't. Something about their legal status, because they are not a state.
    SCOTUS could take the case if it was appealed to them. SCOTUS has jurisdiction. The Constitution applies to ALL of the United States. See the Insular Cases. Fundamental Rights apply to the territories since they are an extension of the Federal Government.

    The case was never even appealed to the PR Supreme Court. From my understanding, Puerto Rico should be shall-issue, or at least much more friendlier to issuing.

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    Progress in PR

    PR Senator Carmelo Rios just introduced legislation to simplify the process of getting gun licenses. Cost would go down from $1,000 to $20. The Police would no longer interview neighbors re your reputation. The process would be transferred to the Dept of Public Works from the Police Dept. Immediate reaction from govt and the press was negative but who knows?

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by bill gray View Post
    PR Senator Carmelo Rios just introduced legislation to simplify the process of getting gun licenses. Cost would go down from $1,000 to $20. The Police would no longer interview neighbors re your reputation. The process would be transferred to the Dept of Public Works from the Police Dept. Immediate reaction from govt and the press was negative but who knows?
    Understand that licensing would go from "may issue" to "shall issue" and that reciprocity with all 50 states is included in this.

    Do you have a link to the actual bill as submitted?
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    Founder's Club Member - Moderator Gray Peterson's Avatar
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    Quote Originally Posted by bill gray View Post
    PR Senator Carmelo Rios just introduced legislation to simplify the process of getting gun licenses. Cost would go down from $1,000 to $20. The Police would no longer interview neighbors re your reputation. The process would be transferred to the Dept of Public Works from the Police Dept. Immediate reaction from govt and the press was negative but who knows?
    Yeah, $1000 is too much for a fundamental right. $20 is about the edge of acceptability if there was licensing at all.

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    Pending bill in PR

    I read two articles within the past two weeks in the local papers. They are in Spanish and I don't know how to do links except in a frying pan. The papers were either El Nuevo Dia or El Vocero out of San Juan PR. .

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    Pending law in PR

    Should have looked for this first. PAFOA's forum, legislational, national has a good thread on this with some quotes from the legislation and reference to a recent PR Supreme Court decision re shall issue.

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    Help I need Info

    Hello everyone ,
    I am a retired law enforcement officer,and new to this page . I am moving to Puerto Rico, and I have some weapons that I want to take with me. I'm not sure if I should throw them in the luggage or transfer them from FFL to FFL.
    Also I would like carry Permits but am not sure of the process .. Can anyone help

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    Quote Originally Posted by Bluelou View Post
    Hello everyone ,
    I am a retired law enforcement officer,and new to this page . I am moving to Puerto Rico, and I have some weapons that I want to take with me. I'm not sure if I should throw them in the luggage or transfer them from FFL to FFL.
    Also I would like carry Permits but am not sure of the process .. Can anyone help
    Welcome to OCDO.

    There are pro-gun websites with info on traveling with guns. And, the permit info for PR is likely available on a government website discussing the permit process and how to apply.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

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    This case adds little to aid citizens of the US, being a territorial ruling unless it gets to SCOTUS. The Moore v. Madigan case also makes it a shall issue directive for permits.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Bluelou View Post
    Hello everyone ,
    I am a retired law enforcement officer,and new to this page . I am moving to Puerto Rico, and I have some weapons that I want to take with me. I'm not sure if I should throw them in the luggage or transfer them from FFL to FFL.
    Also I would like carry Permits but am not sure of the process .. Can anyone help
    Depends on PR laws. If you are moving you don't have to transfer, or at least that I am aware of. Not sure either if the police officer safety act applies to PR, but if it does you can conceal carry, once there.

    Welcome to OCDO.
    Last edited by WalkingWolf; 01-27-2013 at 03:10 PM.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    Depends on PR laws. If you are moving you don't have to transfer, or at least that I am aware of. Not sure either if the police officer safety act applies to PR, but if it does you can conceal carry, once there.

    Welcome to OCDO.
    LEOSA applies in Puerto Rico too.

    Traveling with Firearms
    According to Federal Regulations, anyone carrying a firearm, must declare the firearm upon check-in, complete a Declaration of Armed Individual, and ask for further instructions.

    On July 22, 2004, President George W. Bush signed into effect the Law Enforcement Officers Safety Act of 2004 (LEOSA). This law creates a mechanism by which qualified active and retired sworn law enforcement officers are permitted to carry a concealed weapon anywhere within the jurisdiction of the United States, subject to certain limitations, provided that officers are carrying their official badges and photographic identification.


    The title defines the term "state" to include the District of Columbia, Puerto Rico, and all US possessions excluding the Panama Canal Zone.
    http://www.topuertorico.org/tinfo.shtml
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    State Researcher .40 Cal's Avatar
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    I hope this pans out for my "hometown". Gun control laws down there penalize the law abiding and create a haven for predators. It is not uncommon for law suits from burglars shot by homeowners with small arms to be awarded in favor of the criminals by the courts of the land.

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