Kharn
Ultimate Member
Double post
“(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and (b).
“(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney’s fee.
“(d) (1) A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief.
“(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee.
I bet Florida and a few other popular states would keep their programs just for the NJ/NY/MD population.
Some of the previously submitted reciprocity bills had very well laid out measures to stop NY/NJ shenanigans, like holding the arresting official and department liable for your lawyer and damages if you're so much as taken to the station.
I wonder if the GFSZA will be fixed so as not to criminalize not having a permit in the state where schools are located.
Utah has a provision that if you state has reciprocity you can't get a Utah without having a local permit. Utah out of state permits will be useless 5 seconds after the Federal law goes into effect.
Thanks
Robert
This is exactly the question. Nothing in MD would actually state they accept Utah.As you noted, I wonder if Federally "mandated" recognition would count if the individual state didn't do it, but only does it because of a Federal statute mandating it.
Interesting stuff
More likely once National Reciprocity is passed. All the out of state permits go away. It would help people like me who live in Shall issue states but hurt people living in states like MD, NY, and NJ. Also there are lots of questions if area's will just ignore the law. Think FOPA it is supposed to protect people carry weapons across state lines but NJ and New York City pretty much ignore it. Depending on how the law is written I could easily see those places ignoring the CCW rights of people and arresting them and making them prove themselves not guilty same as they are doing now with people properly carrying under FOPA standards.
Thanks
Robert
Why would states that issue non-res permits take the time to change their laws to stop issuing them?????
And considering, there are still a number of states that do not or seldom issue permits, so issuing non-res permits is still a positive revenue stream. In other words, IT MAKES MONEY.
More likely once National Reciprocity is passed. All the out of state permits go away. It would help people like me who live in Shall issue states but hurt people living in states like MD, NY, and NJ. Also there are lots of questions if area's will just ignore the law. Think FOPA it is supposed to protect people carry weapons across state lines but NJ and New York City pretty much ignore it. Depending on how the law is written I could easily see those places ignoring the CCW rights of people and arresting them and making them prove themselves not guilty same as they are doing now with people properly carrying under FOPA standards.
Thanks
Robert
I'd love to see Frosh try to sue several states and the Feds for allowing concealed carry (or carry, for that matter) in his little fiefdom. And lose.
I agree. If it takes effort and really doesn't matter, they won't do anything. There's all sorts of weird laws still on the books that aren't enforced but are still there because it takes effort to repeal.
Nope. The 10A would prohibit it.
IANAL or Brooklyn