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This would be a major victory in one of the most Anti-gun states around. I hope it's won in the first round, and not drug out through years of appeals.
 

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Discussion Starter · #3 ·
phantoms said:
This would be a major victory in one of the most Anti-gun states around. I hope it's won in the first round, and not drug out through years of appeals.
It'll be a few more years until we get anything. Even if the Supreme Court would take a case in 2012 we probably wouldn't get a decision until mid 2013. I just hope they take a case of substance like this one which argues, from what I understand, that basically permits are restrictions of liberty.
 

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While I agree that permits are a restriction on liberty, SCOTUS is not likely to overturn permits entirely. IMHO the best hope is equal protection clause. Shall issue will most likely stand Constitutional muster hopefully may issue will not. This case does not argue against permits per se, it argues that its unreasonable for a public official to be the only one to make liberty decision based solely on personal whim.

We had an argument here a while back about whether or not drivers licenses are shall issue. The State of GA claims they are a privilege, but of course they are. If DOT suddenly decided to refuse to issue drivers licenses to everyone who wasn't politically connected it wouldn't take long to get that straitened out. The same thing is eventually going to happen with the right to keep and bear arms. The State will still be allowed to issue its licenses but they will not be able to refuse you one because you didn't donate enough money to some candidate.
 

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Discussion Starter · #5 ·
ber950 said:
While I agree that permits are a restriction on liberty, SCOTUS is not likely to overturn permits entirely. IMHO the best hope is equal protection clause. Shall issue will most likely stand Constitutional muster hopefully may issue will not. This case does not argue against permits per se, it argues that its unreasonable for a public official to be the only one to make liberty decision based solely on personal whim.

We had an argument here a while back about whether or not drivers licenses are shall issue. The State of GA claims they are a privilege, but of course they are. If DOT suddenly decided to refuse to issue drivers licenses to everyone who wasn't politically connected it wouldn't take long to get that straitened out. The same thing is eventually going to happen with the right to keep and bear arms. The State will still be allowed to issue its licenses but they will not be able to refuse you one because you didn't donate enough money to some candidate.
Tennessee is shall issue and I meet all qualifications for issue. NJ is may issue and those plaintiffs meet all qualifications for issue. None of us can carry.
The government will always find some reason to not issue and this is the reason why permits are unconstitutional.
 

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kwikrnu said:
Tennessee is shall issue and I meet all qualifications for issue. NJ is may issue and those plaintiffs meet all qualifications for issue. None of us can carry.
The government will always find some reason to not issue and this is the reason why permits are unconstitutional.
The Mishaga v Monken suit may alleviate this part, but give it a few years to work its way up.
 

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Discussion Starter · #7 ·
smn said:
kwikrnu said:
Tennessee is shall issue and I meet all qualifications for issue. NJ is may issue and those plaintiffs meet all qualifications for issue. None of us can carry.
The government will always find some reason to not issue and this is the reason why permits are unconstitutional.
The Mishaga v Monken suit may alleviate this part, but give it a few years to work its way up.
Link to mishaga v monken
 

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