Friday, March 15, 2013

Constitutional or “Permitless” Carry in Play in Several States

In spite of the enormous push for more infringements on citizen’s Second Amendment rights by the old media and their “progressive” legislative allies, several states continue to work toward restoring rights lost in the last century’s growth in governmental power.

South Dakota, South Carolina, Utah, Georgia, Montana, and Nevada all have bills pending that would implement Constitutional, or permitless carry.

Utah is the most likely to pass a measure into law first, as veto proof majorities have already passed a bill. It only needs Governor Herbert’s signature to become law. This version varies from other state’s Constitutional carry in that it requires the firearm to be carried with an empty chamber.

In an unusual turn of events, Illinois is on the table for possible Constitutional carry. A federal appeals court ruled that their status as the only state in the country that does not have a provision for carry outside the home is unconstitutional. They have until June 10th to pass legislation to remedy this defect. If the legislature and governor fail to pass a law by the deadline, they could default to Constitutional carry. Some Illinois counties have passed Constitutional carry referendums.

This possibility looms larger because of differences between the state legislature and the Governor. The legislature passed a shall issue concealed carry bill in 2011, but it was blocked by the Governor and his allies. Illinois has an unusual provision in the law that requires a super-majority to pass legislation that is not approved of by Chicago.

If the Governor refuses to sign a shall issue bill into law, the legislature could refuse to pass any carry law, thus defaulting to Constitutional carry, as its statues prohibiting defensive carry outside the home have been ruled unconstitutional.

In 2012, Constitutional carry passed legislatures in Montana, New Hampshire, and South Dakota, but was vetoed by their respective Governors.

Link Utah Constitutional carry

Link Illinois County referendums

Link Chicago Supermajority

Link potential for Illinois Constitutional carry default

Alaska, Arizona, Wyoming, and Vermont already have Constitutional carry.

©2013 by Dean Weingarten Permission to share granted as long as this notice is included.

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