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Concealed permit

Discussion in 'Other Governmental Matters' started by dolphan1375, May 7, 2013.

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  1. dolphan1375

    dolphan1375 Law Topic Starter New Member

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    I have a serious question about weather I should proceed to higher a attorney to file a federal lawsuit against the state of Maryland.
    I am a concealed permit holder in Virginia and travel to Maryland to visit relatives. I have been told I can't carry and will not be granted a permit.
    The 2nd amendment gives me the RIGHT to bare arms. It does not say which state I can carry or comes with any stipulations.
    The 2nd amendment is Federal law and can't be usurped by any state law. If Arizona can't protect its state and citizens from illegal immigration because it usurps federal law, what gives Maryland and other states the right to usurp the 2nd amendment, which is Federal Law?
    Please advise.
    Thanks
     
  2. mightymoose

    mightymoose Moderator

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    Your concealed carry permit only allows you to carry concealed in the state where it was issued. Otherwise you must comply with open carry laws which vary greatly by jurisdiction. If you are going to travel you must learn and follow the laws for where you are visiting.
    I suggest you obtain advice from a professional at a local gun club. This is really something that should have been, and likely was addressed in your ccw course.
    Attorneys won't be any help for you with this... unless you break the law.
     
  3. Betty3

    Betty3 Super Moderator

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    & the state of Maryland is not doing anything wrong.
     
  4. mightymoose

    mightymoose Moderator

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    Keep in mind that the control of concealed carry and prohibition of open carry only applies to public places. A person may carry openly or concealed all they want on private property.
     
  5. dolphan1375

    dolphan1375 Law Topic Starter New Member

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    Thanks, but this still does not answer my question. How can a state usurp federal law, if the federal law states the right for the people the bare arms? The second amendment is clear and was reinforced by SCOTUS. No where in the second amendment does is state the right to bare arms in certain states or with stipulations. Again if Arizona can not usurp federal law with there own immigration reform, how can a state usurp federal law regarding the second amendment?
    Thanks
     
  6. dolphan1375

    dolphan1375 Law Topic Starter New Member

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    Moose,
    I understand the private property, but I was told be Maryland to leave it at home.
     
  7. dolphan1375

    dolphan1375 Law Topic Starter New Member

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    I am also talking about constitutional attorneys that would challenge states in federal court by implementing there own guns laws that usurp the second amendment. I spoke with the NRA hdqts in Arlington and they told me that this has never been approached this way in federal court and I might have something.
     
  8. army judge

    army judge Super Moderator

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    Your argument is flawed.

    You aren't being denied the right to own, possess, or bear arms.

    MD is simply saying they won't honor VA's concealed carry permit.

    If there is an argument to be made, it isn't about the 2nd amendment, its about the Article IV of the Constitution: "full faith and credit".

    Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

    The argument that someone could make, should a court wish to hear it, is that MD is not honoring VA's "carry permits".

    The recent gun bill before the Senate had a provision requiring states to honor each others "carry permits"

    That bill failed to pass muster in the House.

    http://www.law.cornell.edu/constitution/articleiv

    That said, some states don't allow police officers (not on duty) from other states to carry while visiting that state.

    Frankly, I think such a lawsuit will simply cost a person a bunch of money and will receive a very small reward, if any.

    Your best bet, is don't be stupid.

    I'd rather be free than jammed up on a gun beef.
     
  9. dolphan1375

    dolphan1375 Law Topic Starter New Member

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    Thanks for the tip army..guess I will take my chances and if get caught then fight it that way. No way am I going to put myself in poss jeopardy in a crime ridden city like Baltimore.
     
  10. dolphan1375

    dolphan1375 Law Topic Starter New Member

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    Ah ha Better Idea. I will get a Florida non resident which Delaware recognizes along with about 6 additional states and also keep my Va license. That's will give me about 39 states.
     
  11. army judge

    army judge Super Moderator

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    Will holding such a FL carry permit invalidate your VA permit?

    I know a couple people who have gone that route. You don't want to get popped for carrying, be ause you'll probably lose your other carry permits in the process.


    Sent from my iPad3 using Tapatalk HD
     
  12. dolphan1375

    dolphan1375 Law Topic Starter New Member

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    I have asked that question to Va and Fla. awaiting response. I know if I get Fla non resident I can carry in more states including my
    own in Va. but need to see what is intailed in doing so first.
     

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