SCOTUS , Barrett, and ODDS of “Constitutional Carry” #2A

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  • DaytonaGreg

    Member
    Apr 14, 2014
    23
    Severn, MD
    Maryland Shooters, Any thoughts on the odds of SCOTUS ruling on:
    —- a) Mag Limit? (likely)
    —- b) Constitutional Carry? or “Shall Issue”.
    Being from Maryland I’m most interested in “Shall Issue” being mandatory without the B.S. “good and substantial reason” (other than my life).
    Thoughts, odds? Thanks.
    Ps. I’m traveling to W.VA. in a few days to enjoy #2A freedom for a bit, but I should not be infringed in my home state.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Historically the Supreme Court maintain status quo by issuing very narrow rulings. I believe there is a desire in the court at large to not undo longstanding prior rulings without a a compelling reason.
     

    Nobody

    Ultimate Member
    Jan 15, 2009
    2,810
    NO ONE in the government does anything.....except try and get money from other .govs funneled by the citizen.

    All .govs are underfunded and overworked.

    If .gov was a business it would be out of business.

    NOBODY
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    And up until Dick Heller won , the realistic/ cynical among us thought it unlikely , so never say never .

    But at that a ruling mandating some form of Shall Issue is much more plausible than Con Carry . Think of something like the DC process as becoming a minimum .

    While additional Shall Issue jurisdictions may eventually go Constitutional , any State not presently Not at least Shall Issue , is hard core entrenched anti gun , and unlikely to ever voluntarily liberalize their carry laws .
     

    GolfR

    Ultimate Member
    Oct 20, 2016
    1,324
    Columbia MD
    The odds for positive rulings on 2A are directly proportional to the outcome of the election. If the Dems get the white house and the senate, I think it's a near guarantee that they will try to pack the court with at least two new justices very quickly to ensure that nothing gets through the court before they put a liberal majority in there.
     

    cantstop

    Pentultimate Member
    MDS Supporter
    Aug 10, 2012
    8,161
    MD
    States like MD will just craft new laws to infringe on 2A.

    NY, NJ, and MD will not let a little thing like a judges ruling to handcuff them like it did in the DC case. Just look at what happened when the judge struck down shall issue in MD. The ruling cabal tells the MSP to hold up all new requests for CCW based on that decision until they can get it overturned or rewrite the legislation to work around the decision.
     

    RoadDawg

    Nos nostraque Deo
    Dec 6, 2010
    94,188
    While seeking to gain National CCW reciprocity... Beware the HUGE pitfall that the left has up their sleeves...

    In the event that it appears we would in any way be on a path to gaining un-infringed 2A rights in all states.

    We must NEVER mistake "COTUS Carry" for any scheme which introduces a "National CCW Permit".

    Doing so would grant the government powers over our 2A rights which are NOT in the language of the COTUS 2A. And THAT is something that they want desperately.

    We must say NO to ANY national federally controlled CCW scheme.
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    30,691
    Optimist/Pessimist notwithstanding, if you told me in 2012 that Illinois would go shall-issue, I would have bet the farm against your statement.

    Whoops.

    I'd say change in MD is a possible, but it will hang on, kicking and screaming, as long as possible.
     

    TheOriginalMexicanBob

    Ultimate Member
    Jul 2, 2017
    32,181
    Sun City West, AZ
    It would take an absolutely unequivocal decision by SCOTUS before MD would change the laws and even then it would be kicking and screaming and procedural delay after delay before it would happen. While SCOTUS could make a strong decision supporting 2A rights I find it difficult to believe it would issue a decision unequivocal enough that wouldn't allow wiggle room for MD and other states to more or less opt out or not fully comply for as long as possible.

    I hope I'm wrong on that.
     

    CrueChief

    Cocker Dad/RIP Bella
    Apr 3, 2009
    2,999
    Napolis-ish
    There really is no chance of any court decision making the entire country permit less carry. That ship sailed when Scalia said there are limitation to the 2A. The very best one can hope for is the whole country going shall-issue. But I still don't think the "opinion" of any SCOTUS case would be so solid as to not have the blue states treating it just like they do Heller.

    I find it hard to believe that at least 5 five sign on a document that says, "All non-prohibited persons should be allowed to lawfully carry an operable firearm on their person, for all lawful purposes." They will most likely write some 50 pages thing and leave enough weeds for some crafty people to use and keep this fight going on and on until the left takes the court back and simply says the 2A speaks only to Govmt forces not the individual.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    Washington DC after Shepard v DC will be the model for a jurisdiction grudgingly forced to institute Shall Issue . Is it a PIA ? Yup . Would it be a leap forewards for Md, Ca, MA, HI, etc ? Durn Tootin' .
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    There really is no chance of any court decision making the entire country permit less carry. That ship sailed when Scalia said there are limitation to the 2A. The very best one can hope for is the whole country going shall-issue. But I still don't think the "opinion" of any SCOTUS case would be so solid as to not have the blue states treating it just like they do Heller.

    I find it hard to believe that at least 5 five sign on a document that says, "All non-prohibited persons should be allowed to lawfully carry an operable firearm on their person, for all lawful purposes." They will most likely write some 50 pages thing and leave enough weeds for some crafty people to use and keep this fight going on and on until the left takes the court back and simply says the 2A speaks only to Govmt forces not the individual.

    What will likely happen is they won't take up any case that straight up challenges a license requirement to carry (those usually end up being gangbanger cases anyway). A shall issue case is much more likely to be taken up by SCOTUS OR a ruling is handed down on another 2A case which essentially wipes out Kachalsky, Drake, and Wollard and the circuits are forced to re-consider the matter. They may opt not to try to push their luck with the new makeup of the court (assuming the Dems don't/can't pack the court).
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,735
    There really is no chance of any court decision making the entire country permit less carry. That ship sailed when Scalia said there are limitation to the 2A. The very best one can hope for is the whole country going shall-issue. But I still don't think the "opinion" of any SCOTUS case would be so solid as to not have the blue states treating it just like they do Heller.

    I find it hard to believe that at least 5 five sign on a document that says, "All non-prohibited persons should be allowed to lawfully carry an operable firearm on their person, for all lawful purposes." They will most likely write some 50 pages thing and leave enough weeds for some crafty people to use and keep this fight going on and on until the left takes the court back and simply says the 2A speaks only to Govmt forces not the individual.

    I agree. I think we might have a good chance at addressing May Issue finally, and possibly addressing the insane fees some places charge to exercise the right though and hopefully addressing the standard of review for 2A cases. I would really love to see them come down on rational basis being used in 2A cases.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,239
    Montgomery County
    Did see something from the Trump campaign late yesterday saying he'd happily sign a national carry reciprocity bill if it hit his desk. Obviously the Ds in the congress would never let it happen. But he's sending signals this direction.
     

    AliasNeo07

    Ultimate Member
    Feb 12, 2009
    6,548
    MD
    I certainly don't think we will see a ruling that just effectively legalizes the carry of firearms across the country. However if that were to happen I would think it would be the legalization of open carry, not concealed.

    People forget that we had gun control laws in the late 18th century when this country was founded. Not all gun control laws are unconstitutional and we just have to see what they find that limit to be.
     

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