The American Bar Association opposes HR 38 and S 446 the so-called “concealed carry reciprocity” bills pending in Congress that are being pushed by the NRA. These bills would require all states to allow residents of other states to carry within their borders if those carrying meet the requirements to carry in their state of residence. As of last year, 11 states had no permit requirements at all and this year NRA-backed bills were introduced in 16 other state legislatures to do away with all permit requirements.
Most federal public safety legislation sets minimum standards which states must follow. HR 38 and S 446 would do the opposite. They would prohibit states from adopting concealed carry laws that those states think would best provide for public safety within their borders. No permit requirement would become the national standing. The NRA hocks this as “constitution carry” even though the Supreme Court has never held there is a constitutional right to carry in public.
Typically, when the ABA takes a position on bills pending in Congress, appropriate letters would be sent by the ABA’s Director of Governmental Affairs. In this case, the ABA considers HR 38 and S 446 to be so detrimental to public safety that the letters it is sending today were signed by the President of the ABA.
Here are the letters:
October 9 | Headlines
The U.S. District Court for the Eastern District of Missouri has ruled that the police tactic in Ferguson, Missouri of prohibiting peaceful protestors from standing in one location for more than five seconds is unconstitutional. #policetacticunconstitutional bit.ly/1qrFfHl
The Supreme Court heard arguments on Monday, March 31, in Alice Corporation v. CLS Bank International, a case observers had hoped would clarify questions about business method software patents. The questions from the bench, however, may indicate the court’s ruling will be narrow in scope and not provide the hoped-for broad guidance to lawyers and lower courts.
October 6 | Headlines
The US Court of Appeals for the Fifth Circuit reversed a lower court ruling that had enjoined enforcement of certain provisions of the voter registration law in Texas. http://bit.ly/15ajJAx
September 30 | Headlines
Two lawsuits have been filed by gun store owners and gun rights advocates in US District court for the District of Maryland seeking to block the implementation on Tuesday of Maryland’s Firearms Safety Act of 2013 passed in the aftermath of the Newtown shootings.
I am happy to be associated with Roanoke Festival in the Park, Inc. which has brought entertainment and activities to Roanoke over the Memorial Day weekend for more than 40 years. Congratulations on another success.
March 23 | Headlines
In Woollard v. Gallagher, a case decided March 21, 2013, the United States Fourth Circuit Court of Appeals in Richmond upheld a Maryland law which places restrictions on those who can carry handguns outside the home. Both the National Rifle Association and the Attorney General of Virginia, among others, filed amicus briefs arguing that the Maryland law violated the Second Amendment. They lost.
The Maryland law was not an absolute ban on carrying handguns outside the home. It provided a number of exceptions, but said others not falling within an exception must have a “good and substantial reason” for carrying a gun in order for them to obtain the required permit. The Maryland State Police was given authority to issue the permits. The State Police adopted a standard which sets out four categories which they would consider to meet the “good and substantial reason” requirement, the last of which was “for personal protection.” To determine whether the personal protection requirement was met, the State Police applied an objective standard previously adopted by the Maryland Court of Appeals that there must be an “apprehended danger,” something more specific than “a vague threat” or a general fear of “living in a dangerous society.”
In its analysis, the Fourth Circuit followed its own precedent and applied an “intermediate scrutiny,” not a “strict scrutiny,” standard in determining whether the state regulation restricting guns outside the home placed an impermissible burden on the Second Amendment constitutional right.
The court held that Maryland’s “good and substantial reason” requirement as applied in this case met second amendment constitutional muster. Using the intermediate scrutiny standard, the court found Maryland had demonstrated that the statutory “good and substantial reason” requirement is reasonably adapted to Maryland’s significant interest in protecting public safety and preventing crime.
February 5 | Headlines
The United States Justice Department has filed a civil action against Standard & Poor’s and it’s parent company McGraw-Hill over the ratings it gave to financial derivatives which are widely blamed for causing the Great Recession.
January 1 | Headlines
A float in today’s Rose Bowl Parade honored Korean War veterans by depicting the National Korean War Memorial on the Mall in Washington. Fifty-five years after the war ended, the artist who created the central feature of the memorial had to fight a battle of his own over the copyright to his work. Here is his story. The Stamp War – Copyright
November 26 | Headlines
The United States District Court for the Northern District of California has ordered Apple Computer to disclose the details of the global settlement agreement it reached with HTC dismissing all patent infringement lawsuits between the two companies. Apple had sought a permanent US sales ban on eight Samsung smartphone models and one tablet computer. Samsung claimed the iPod Touch 5, the iPad 4, and the iPad mini infringed its patents.