May-Issue After McDonald

[ezliving]

McDonald was a huge win.

Self defense is confirmed as a fundamental constitutional right.  That's a very big deal.

The 2nd Amendment is incorporated against the states.  That's huge.

Delaware is, granted, more reasonable about carrying firearms than some states (like Maryland) but it is now time for May-Issue to be changed to Shall-Issue or Constitutional Carry (preferred, like Arizona.) 

It should not take any longer for a citizen to be issued a CCW than it does to get a drivers license, instead of 6 months.  "Keep and Bear Arms" is a fundamental constitutional right and driving is a privilege.

Any person who is not prohibited by law from possessing a firearm should be quickly approved for CCW.  Personal references and publication in a newspaper should not be unnecessary.  The cost of required training may be burdensome to the poor and is therefore discriminatory.  Training requirements should be revised and streamlined.  (Maryland handgun training is free and online.)

Delaware would do well to look to VA and PA for guidance.

What, if anything, is in the works in Delaware?

[triangle172]

The only sad part about it and that part is significant, is that it was a 5-4 decision. It should have been 9-0.

[GunEnvy]

while it was a huge win for us,let's not overstate it. I haven't read this decision yet but I imagine it is written much like the Heller decision. While the court said it self protection is a god given right they also said it is a right that should be regulated by the goverment. Since it took 2 years for the Mcdonald case to get from filing to scotus decision, it may very well take @@@@ near a lifetime to realize any real changes.

[mrjam2jab]

and let's not forget...it's already been 2 years since Heller...and there really hasn't been any noticeable change in DC...   

[ezliving]

In addition to The 2nd Amendment being incorporated against the states, McDonald ruling decided that self defense and RKBA were both fundamental rights.

The designation of "fundamental" is most significant.

The decision: http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf

[GunEnvy]

Remember though that both cases revolved around the mere ownership of handguns, and I think both also state for the purpose of protecting ones home. Neither case involved the right to carry. Since Delaware has never banned handguns I doubt the people in Dover are going to rush to change us to a shall issue state. Don't forget also that both of those handgun bans stood for about 30 years before being challenged and overturned, so nothing is going to move fast.

[ezliving]

What fundamental constitutional right is limited to inside one's own home?  Step outside and you lose the fundamental constitutional right?

That dog won't hunt..

[GunEnvy]

I got into this discussion to simply say that I don't think the macdonald case will have any immediate impact on Delaware or the nations gun laws but now I'm not sure what the hell is going on in this topic. I'm just going to sign off from this topic and probably any other I see you post in.

[Sigarms12]

Am I missing something here??

[GunEnvy]

I dunno Sig, maybe its me....  It seems to me that he's argueing the opinion with me as if I wrote it. Like it or not, whether the dog will hunt or not, the court protected the ownership of handguns for the protection of the home. "In Heller, we held that the Second Amendment protectst the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Governmentand the States. See Duncan, 391 U. S., at 149, and n. 14. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller.The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings." page 44, 45 of Justice Alitos opinion.

[ezliving]

I read the news and the decisions... Heller and McDonald.  SCOTUS decided the questions that they were asked.  We are not in disagreement on those issues.

I'm discussing new questions.  This is a discussion forum.

Many current gun laws around the country are unconstitutional.  Legislation can change them or, eventually, courts will. 

One thing is certain.  Bear is as constitutional as Keep.  They are inseparable.

[trevor]

EZ, I see that your profile lists you as located in MD. If so, I can understand your frustrations  with the current state of affairs...in MD.

In DE, we're less irritated, as there is a more reasonable approach to the 2nd...no registration, relatively reasonable approach to Concealed Carry, and even open carry for those so inclined. There are some problems (some lack of full preemption) but overall a reasonable balance exists. So, I feel your frustration, but I think you'll find the members of this forum to be thoughtful, intelligent, pragmatic, and open to discourse...which is what makes this the great place it is. SIG and Envy are two of the good guys, and as you can see they've been around for a good while.

I don't think you could hope for a better bunch of folks. Not  everyone has exactly the identical perspective, but that's what keeps this forum interesting. I for one appreciate the diversity of opinions, especially when there are perspectives I hadn't yet considered...so I hope you are passionate and not....um...trolling. I'm sure that's not the case...right?

[ezliving]

Living in Maryland does effect my strong feelings on firearms carry issues.  I spend a lot of time in Delaware because my wife's family is mostly in Sussex Co. and we will probably be migrating there.

I do appreciate the DE / MD differences.  No doubt, MD gun laws are some of the very worst in the country.  DE is enlightened, by comparison.

Shall Issue is a hot button issue for me.  I have a non-resident FL CCW permit and carry concealed much of the time when I am visiting DE.  I have never been comfortable with open carry - personal preference.

It bugs me (a lot) that, the minute I move to DE, my FL permit will no longer be valid in DE and I probably won't be allowed to CCW in my new home state for at least 6 months.  My rights as a resident will be less than my rights as a visitor.  That is absurd.

And it will take me a couple hours, at most, to get my drivers license and vehicle registered.   Personal references and publishing notices clearly should be unnecessary for exercising a fundamental constitutional right.

There is a monumental difference between the fundamental constitutional right to Keep and Bear Arms and the privilege of driving a car.

The entire nation should be "Shall Issue" or "Constitutional Carry," IMHO.  A CCW from any state should be honored in every state, like a drivers license is.  Realistically, the MVA is probably best equipped to issue a CCW permit most efficiently and I can see no reason why it couldn't be part of a drivers license (like a motorcycle endorsement.)  As I wrote in my original posting...

It should not take any longer for a citizen to be issued a CCW than it does to get a drivers license, instead of 6 months.  "Keep and Bear Arms" is a fundamental constitutional right and driving is a privilege.

Any person who is not prohibited by law from possessing a firearm should be quickly approved for CCW.  Personal references and publication in a newspaper should not be unnecessary.  The cost of required training may be burdensome to the poor and is therefore discriminatory.  Training requirements should be revised and streamlined.

I'm not trying to pick a fight here and, for the record, I'm not planning to ever be a candidate for the Delaware General Assembly.  I expect state representatives to follow The Constitution and hope Delaware passes Shall Issue before I move there. 

I don't doubt that Maryland will still be infringing on the constitutional rights of citizens to carry firearms there when I finally move away.  "Free State," my @@@.

[Sigarms12]

I'm not trying to pick a fight here and, for the record, I'm not planning to ever be a candidate for the Delaware General Assembly.  I expect state representatives to follow The Constitution and hope Delaware passes Shall Issue before I move there. 

Even if Delaware was a shall issue state you will still wait 6 months because the only change would be unless you have a back ground check issue you will still need to do everything else and they still only have one person processing the permits. For the most part Delaware is a very liberal may issue state, very few people get denied.

[ezliving]

I understand current DE law.  I expect the laws to be updated to reflect McDonald.

Waiting 6 months can't stand scrutiny.  Neither will a requirement for personal references.  If other states can issue a permit in less than an hour, DE should be able to, too.