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ccharles000 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 10:14 AM
Original message
Gun carry vote draws jeers for Hagan
A group dedicated to reducing gun violence jeered Sen. Kay Hagan for her vote for an amendment that would have required states to recognize other states' concealed carry permits.

The Thune Amendment to the 2010 defense authorization bill, by Republican Sen. John Thune of South Dakota, would have required states to recognize concealed weapons permits issued in other states. Individual states have varying laws on who can carry concealed weapons. Republican Sen. Richard Burr, an avid hunter, was a co-sponsor of the amendment.

It was Hagan, a Democrat, who took the brunt of the jeers from North Carolinians Against Gun Violence.

"What happened to states' rights?" said Sue Baker, board of directors president of the group. "North Carolina citizens trust that laws passed by our state legislature protect the public and keep us safe. The Thune Amendment would have made our North Carolina conceal carry laws obsolete."

The amendment failed.

http://projects.newsobserver.com/under_the_dome/gun_carry_vote_draws_jeers_for_hagan
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imdjh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 10:17 AM
Response to Original message
1. What happened to states rights? Interstate highways, that's what.
Seriously, that's what this is about. Fifty states, fifty laws. Florida has reciprocal with this state but not that state, but you have to drive through that state to get to this state. It's ridiculous and it makes criminals out of law abiding people.
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Winterblues Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 10:57 AM
Response to Reply #1
5. It is one thing to have a firearm locked up in your trunk and quite another to walk around a city wi
Concealed carry means carrying a firearm in public and it really has nothing to do with carrying a gun locked up in your trunk, or a suitcase in the backseat. You can drive through any state with a gun in your car, but you can't walk around in every city wearing one on your person..
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:01 AM
Response to Reply #5
6. And states that prohibit conceal carry would have still be able to prohibit conceal carry.
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Winterblues Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:12 AM
Response to Reply #6
9. That is not my understanding
My understanding was if you own a concealed carry permit every state has to honor it. That was defeated because it denies States their right to either not allow concealed carry or have a higher degree of eligibility.
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:32 AM
Response to Reply #9
11. Actually, I think that it only applied to states that allow concealed carry.
But I believe that is all but two.

The problem is that states would lose control of their ability to regulate concealed carry in the case of residents of other states with concealed-carry permits. Thus, if your state outlawed permits to those convicted of a type of crime, someone so convicted who was able to get a permit from another state could then carry in your state.
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N7255Q Donating Member (147 posts) Send PM | Profile | Ignore Thu Jul-23-09 11:43 AM
Response to Reply #11
15. No, simple possession of an out-of-state permit doesn't supercede the local laws
that describe the privileges and limitations described by them.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:46 AM
Response to Reply #11
18. Felons, those with a sentence of more than 2 years, and domestic abusers are already prohibited
The Gun Control Act of 1968 prohibits the following from even possessing a firearm and one of the following will come back denied on an NICS check.

1. Anyone who has been convicted in a federal court of a crime punishable by imprisonment for a term exceeding 1 year, excluding crimes of imprisonment that are related to the regulation of business practices.
2. Anyone who has been convicted in a state court of a crime punishable by imprisonment for a term exceeding 2 years, excluding crimes of imprisonment that are related to the regulation of business practices.
3. Anyone who is a fugitive from justice.
4. Anyone who is an unlawful user of or addicted to any controlled substance.
5. Anyone who has been adjudicated as a mental defective or has been committed to a mental institution.
6. Any alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa.
7. Anyone who has been discharged from the US Armed Forces under dishonorable conditions.
8. Anyone who, having been a citizen of the United States, has renounced his or her citizenship.
9. Anyone that is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.
10. Anyone who has been convicted of a misdemeanor crime of domestic violence (added in 1996). (See the Lautenberg Amendment.)

No state issues a permit to someone in the above category. What would be point. It would be legal under state law to conceal it but still a federal crime to even possess the firearm?

So there is a minimum standard set for CCW by the overriding GCA of 1968.
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TheWraith Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:44 AM
Response to Reply #9
16. Your understanding is mistaken. It's subject to local laws. nt
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:29 AM
Response to Reply #1
10. No, what makes criminals out of law-abiding people is not abiding by laws.
Transport your firearms in a legal manner.
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 10:25 AM
Response to Original message
2. The issue will be affected by SCOTUS decision on incorporation of the 2nd that will come in the next
few years.

If Sotomayor votes as she talks, "I will follow precedent according to the doctrine of stare decisis", then given D.C. v. Heller and the incorporation of other inalienable or pre-existing rights like the 1st, 3rd, 4th Amendments, the 2nd will be incorporated and CCW across state lines may happen by judicial decision.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 10:29 AM
Response to Original message
3. "The Thune Amendment would have made our North Carolina conceal carry laws obsolete."
Edited on Thu Jul-23-09 11:00 AM by Statistical
No more than accepting a VA drivers license makes all the traffic and motor vehicle law in NC obsolete.

NC accepts my VA driver's license however once I cross the border into NC I am subject to the laws of NC regarding use and operating of a motor vehicle on public property in NC.

No different from CCW. If the Thune amendment had passed:
NC would accept my VA CCW permit however once I cross the border into NC I am subject to the law of NC regarding the carrying and use of firearms on public property in NC.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 10:32 AM
Response to Reply #3
4. The anti-reciprocity people had to lie in order to defeat the amendment
That says a lot.
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kirby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:07 AM
Response to Reply #4
7. Huh?
Reciprocity is something that is negotiated between two parties. The Thune amendment would have overridden state negotiations and dictated reciprocity from the Federal Gov't.
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slackmaster Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:09 AM
Response to Reply #7
8. Just as would be reciprocity for state-issued licenses for same-sex marriages
Would you have a problem with the federal government doing that?
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N7255Q Donating Member (147 posts) Send PM | Profile | Ignore Thu Jul-23-09 11:38 AM
Response to Reply #8
12. It's interesting how some people despise the concept of states' rights except
when those rights happen to advance their own agenda.
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:40 AM
Response to Reply #12
14. True, but in this case the Federal law would increased liberty
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N7255Q Donating Member (147 posts) Send PM | Profile | Ignore Thu Jul-23-09 12:04 PM
Response to Reply #14
22. Exactly, just as enforcing 'full faith and credit' would require same-sex marriages from
Edited on Thu Jul-23-09 12:05 PM by N7255Q
Massachusetts, for example, being recognized in other states.
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:38 AM
Response to Reply #3
13. I was just about to make the same post. -- Thank you.


Yet another example of how the NRA has not cornered market on hyperbolic distortions on the facts.
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redqueen Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:45 AM
Response to Reply #3
17. Thank you.
Well said.
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damntexdem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:46 AM
Response to Reply #3
19. But if NC took away your license for cause, but VA then issued you one, ...
you could then use the VA license to drive in NC. That is, unless the states have an agreement to recognize a license being taken away. The Thune Amendment would have meant the same for concealed-carry laws.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-23-09 11:49 AM
Response to Reply #19
20. If my VA conceal carry permit was taken away it is because I am now a prohibited person
Being a prohibited person prevents me from obtaining a CCW in any state due to the Gun Control Act of 1968 prohibition of mere possession of firearms by "prohibited persons".

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N7255Q Donating Member (147 posts) Send PM | Profile | Ignore Thu Jul-23-09 12:02 PM
Response to Reply #19
21. Years ago that could be done pretty easily but not now. If your DL is suspended or
revoked in one state it is virtually impossible to bypass the system they all use now. The states all do have the very agreement you mention.
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