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Old 03-12-2013, 01:35 PM   #81
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Depends on how the Seventh Court and Supreme Court decisions were worded. Local governments may be able to enact crazy rules, but they may be struck down quickly as well.

We're lucky here in Oklahoma. The State law says no county, city, town, municipality, ... can enact more restrictive laws.

TITLE 21 § 1289.24 FIREARM REGULATION – STATE PREEMPTION
A. 1. The State Legislature hereby occupies and preempts the entire field of legislation in this state touching in any way firearms, components, ammunition, and supplies to the complete exclusion of any order, ordinance, or regulation by any municipality or other political subdivision of this state. Any existing or future orders, ordinances, or regulations in this field, except as provided for in paragraph 2 of this subsection and subsection C of this section, are null and void.
2. A municipality may adopt any ordinance:
a. relating to the discharge of firearms within the jurisdiction of the municipality, and
b. allowing the municipality to issue a traffic citation for transporting a firearm improperly as provided for in Section 1289.13A of this title, provided however, as that penalties contained for violation of any ordinance enacted pursuant to the provisions of this subparagraph shall not exceed the penalties established in the Oklahoma Self-Defense Act.
3. As provided in the preemption provisions of this section, the otherwise lawful open carrying of a handgun under the provisions of the Oklahoma Self-Defense Act shall not be punishable by any municipality or other political subdivision of this state as disorderly conduct, disturbing the peace or similar offense against public order.
B. No municipality or other political subdivision of this state shall adopt any order, ordinance, or regulation concerning in any way the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, carrying, bearing, transportation, licensing, permit, registration, taxation other than sales and compensating use taxes, or other controls on firearms, components, ammunition, and supplies.
C. Except as hereinafter provided, this section shall not prohibit any order, ordinance, or regulation by any municipality concerning the confiscation of property used in violation of the ordinances of the municipality as provided for in Section 28-121 of Title 11 of the Oklahoma Statutes. Provided, however, no municipal ordinance relating to transporting a firearm improperly may include a provision for confiscation of property.
D. When a person’s rights pursuant to the protection of the preemption provisions of this section have been violated, the person shall have the right to bring a civil action against the persons, municipality, and political subdivision jointly and severally for injunctive relief or monetary damages or both.

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Old 03-17-2013, 03:01 AM   #82
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We're down to 85 days. Any word on new developments on HB0997 or related legislation?

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Old 03-17-2013, 03:39 AM   #83
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Quote:
Originally Posted by PSYCHOFREAK3 View Post
The problem with Constitutional Carry is the home rule of Chicago. I believe local governments could enact random rules for where and when you can carry i.e. within a certain distance to a school and whatnot but it could vary depending on the city, village, township that you are in. I am by no means a lawyer or the brightest on the subject, but I believe that is a problem that could come of the Constitutional Carry.
Actually had a great discussion in my NRA class about this. Home rule
would not hold up in court versus a Federal Court Ruling; it wouild get
thrown out faster then Eddie Vrdolyak. (Chi-town humor)

The good side if the timer runs out and we get Constitutional Carry, that
puts the Pro gun Legislators in the drivers seat more than they are now.
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Old 03-17-2013, 04:00 AM   #84
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Quote:
Originally Posted by Shade

Actually had a great discussion in my NRA class about this. Home rule
would not hold up in court versus a Federal Court Ruling; it wouild get
thrown out faster then Eddie Vrdolyak. (Chi-town humor)

The good side if the timer runs out and we get Constitutional Carry, that
puts the Pro gun Legislators in the drivers seat more than they are now.
In New Jersey getting a concealed carry permit is virtually impossible. I guess in Jersey we have the right to keep but not bear arms. The Supreme Court should rule that prohibiting cc is unconstitutional.
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Old 03-17-2013, 12:35 PM   #85
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In New Jersey getting a concealed carry permit is virtually impossible. I guess in Jersey we have the right to keep but not bear arms. The Supreme Court should rule that prohibiting cc is unconstitutional.
Agreed. Problem is no one wants to be the court case that decides the issue since some jail time awaits the patriot who volunteers for that duty.

I believe that "may issue" should be unconstitutional for starters. That is the main thing enabling NJ to refuse almost all permits.
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Old 03-17-2013, 02:20 PM   #86
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Quote:
Originally Posted by Balota
Agreed. Problem is no one wants to be the court case that decides the issue since some jail time awaits the patriot who volunteers for that duty.

I believe that "may issue" should be unconstitutional for starters. That is the main thing enabling NJ to refuse almost all permits.
It should be "shall issue" as long as you are qualified. I have no problem with a requirement that to qualify you must take a defensive cc course with specific standards being met. I also believe that all the second amendment groups should go on the offensive and states that ban cc should be one of the targets. If not the antis will continue to pick at aspects of the 2nd until its watered down to nothing. They need an incentive to leave us alone.
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Old 03-17-2013, 10:08 PM   #87
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Quote:
Originally Posted by 4sig View Post
It should be "shall issue" as long as you are qualified. I have no problem with a requirement that to qualify you must take a defensive cc course with specific standards being met. I also believe that all the second amendment groups should go on the offensive and states that ban cc should be one of the targets. If not the antis will continue to pick at aspects of the 2nd until its watered down to nothing. They need an incentive to leave us alone.
I agree that some qualification testing should be required. I also think that once the qualifications are established (background check, age, etc.) the State does NOT have the right to deny the permit. That is, I believe "may issue" is unconstitutional.
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Old 03-18-2013, 04:10 AM   #88
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Quote:
Originally Posted by Balota
I agree that some qualification testing should be required. I also think that once the qualifications are established (background check, age, etc.) the State does NOT have the right to deny the permit. That is, I believe "may issue" is unconstitutional.
Fully agree.
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Old 03-18-2013, 01:16 PM   #89
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The background check was done at the time the FOID app was being processed. If we were of legal age and passed the background check at that time, there is no need to duplicate the process again, other than to squeeze a few more bucks out of law abiding citizens. More paperwork is pointless.

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Old 03-18-2013, 01:20 PM   #90
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Are you currently aware of the statistics of accidental shootings by persons legally carrying a concealed weapon who were not "formally" trained by the state vs those who were?

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