Thursday, January 19, 2017

This Oughtta Give Some 'Blue States' Fits

Rep. Richard Hudson (R., N.C.) clarified on Wednesday that his national concealed carry reciprocity bill would apply to permits issued by states to non-residents. [More]
We talked about the bill here.

Predictably, some were against it because it doesn't eradicate all infringements in one fell swoop. Also predictably, complaints were absent viable alternatives.

[Via several of you]

2 comments:

Archer said...

I've pointed out elsewhere, but I'll repeat it here.

If non-resident permits are covered as well, the law should explicitly say so. Rep. Hudson can make his "legislative intent" as clear as he wants, but:
1. Intent is not transferable; and,
2. If (when) challenged, the intent is secondary -- and distantly so -- to what the plain-text reading of the law says.

There should be no wiggle-room. The plain-text doesn't directly mention non-resident permits, and only applies to permits (presumably but not explicitly including non-resident permits) which allow the person "to carry a concealed firearm in the State in which the person resides" (thus, subject to current reciprocity agreements).

Therefore, because I live in Oregon (which recognizes no out-of-state permits), only my Oregon CHL would be covered; a non-resident UT, AZ, FL, or PA permit would not be, because they don't allow me to carry in my state of residence. Similarly (and more to the point), a NY state resident could not carry in NY State under an out-of-state permit, because NY State also doesn't recognize any out-of-state permits and so would be exempt from the plain-text meaning of the bill.

I agree this is the best option on the table currently, I applaud Rep. Hudson for introducing it, and I think it should be passed. However, if his intent is to recognize non-resident permits, the bill's text should say so.

Just my $0.02.

David Codrea said...

Agreed-- the question now becomes what is the best way to submit suggestions for changes while the bill is still being worked out? I'd say contact your rep if he's worth a damn, but it'd be more effective to see an organized effort at drafting legislative improvements that would make it harder to ignore. You can bet NRA has his ear, but they can be unreceptive to Not Invented Here ideas that don't originate in Fairfax.