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I think McDonald will mean the end of "may issue" laws and I am glad of it.

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friendly_iconoclast Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 10:08 PM
Original message
I think McDonald will mean the end of "may issue" laws and I am glad of it.
Furthermore, I hope that much money will be gotten from any and all polities that choose to defend these un-American laws.

And spare me the pleas of how much it will cost cash-strapped cities to defend same. Fuck 'em. The Boston School Commitee greivously harmed the city in it's attempts to avoid Brown vs Board of Education.


If some places similarly end up being placed in receivership, it will be because they brought it on themselves.

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nimvg Donating Member (77 posts) Send PM | Profile | Ignore Fri Mar-19-10 10:16 PM
Response to Original message
1. Yeah...
...this is what I understand, as well.

Welcome to full on legalized concealed carry, even in California...even in San Francisco.
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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Mar-19-10 10:32 PM
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2. "May issue" violates a clause of the 14th Amendment not even at issue in McDonald...
No State shall... deny to any person within its jurisdiction the equal protection of the laws.
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SlipperySlope Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-09-10 01:57 AM
Response to Reply #2
3. "May Issue" makes complete sense...
Edited on Wed Jun-09-10 01:57 AM by SlipperySlope
...when the object being licensed is a privilege and not a right.

But it is a stretch to jump from SCOTUS recognizing the "right to bear arm" to SCOTUS recognizing "the right to CCW".
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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-09-10 02:17 AM
Response to Reply #3
4. I get your point, and it may even have some strength in the abstract.
But in actual practice, may issue concealed carry is arbitrary and capricious. As in NY, LA, DC, Hawaii, and the like. Also, most places that have may issue don't permit open carry. Thus they dole out the right to keep and bear arms *at all*--they dole out a right to a select few.
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SlipperySlope Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-09-10 10:50 AM
Response to Reply #4
5. Are there any similar licenses you can think of?
Are there any other sorts of permits or licenses you can think of that are granted so "capriciously"?

Seems like there should be many other examples, but none are coming to my mind...
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TPaine7 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jun-09-10 01:02 PM
Response to Reply #5
6. No, and I don't see why there would be.
Driving is not a constitutional right, but the authorities aren't hell-bent on making getting a drver's license as hard as possible, or in keeping "those people" from driving. If driver's licensing were arbitrary and capricious, not only would there be catastrophic political consequences, it would violate the 14th Ammendment clause I reference above, IMO.

NY City, Hawaii, Los Angeles, and the like are hell-bent on keeping ordinary people from bearing arms.
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