How About Your State?

[biku324]

Not necessarily. Depends on your state's laws. Here in Florida, if a shooting is ruled as justifiable self-defense then you are protected from civil suits.

And that's not necessarily true. You as a CCW carrier in a shooting could still find yourself defending your action against plaintiff's attorney or an interest group (ACLU or others) using the circumstances you were engaged in to challenge your state's law. Taking a civil case from motions in a trial court with jurisdiction to a state court of final appeal will cost a respondent a luxury pickup to a single family home. Even if you prevail.

 

[Sgt. Buzzard]

And that's not necessarily true. You as a CCW carrier in a shooting could still find yourself defending your action against plaintiff's attorney or an interest group (ACLU or others) using the circumstances you were engaged in to challenge your state's law. Taking a civil case from motions in a trial court with jurisdiction to a state court of final appeal will cost a respondent a luxury pickup to a single family home. Even if you prevail.

And that is exactly why I carry a plain DAO revolver under most conditions. Pure stock, no trigger jobs, springs, RDS or lazers. Or less likely a 6 shot auto, no nothing either.

It has to be a life or death situation no B/S gunslinger stuff. My house is nice, it's paid for, I want to die still owning it.

I've testified in Grand Jury hearings on police related shootings. I don't want to do it again, ever. Civil courts? No thanks.

 

[Denverd0n]

Taking a civil case from motions in a trial court with jurisdiction to a state court of final appeal will cost a respondent a luxury pickup to a single family home. Even if you prevail.

Or not. Florida's law specifically says...

"[SIZE=-1]The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1)."[/SIZE]

So if I prevail, the plaintiff pays for everything.

And since I am pretty familiar with our local laws (as I think anyone who carries a gun ought to be), and since this particular law has already been argued in numerous court cases, I'm not too concerned about getting into "circumstances" that would prompt a challenge to the law.

The real point here being, you need to know what the laws are in YOUR state, or in YOUR locality, and realize that they may be very different from the laws in the next state over, or possibly even the next county over.

 

[biku324]

When a statute (law) is challenged, it is the decision of appellate courts, not the legislature which passed the statute, that determines whether any or all parts of the law comport with state and the US Constitution. Florida's laws are not exempt. Florida's appellate courts might reasonably decide the statute, in whole or in part, cannot stand.

Bet me that no attorney nor organization in Florida wants to challenge those statutes right now. They need only an incident to give it a try. In the meantime, respondents will have to retain (and pay) respondent's attorneys to work through the process. Maybe the respondent will prevail and get their legal fees back; maybe they'll lose.

The surest way to win court proceedings is to stay out of them.

 

[Heinz]

South Carolina is now a Constitutional carry state. The Concealed Carry Permit (CWP) still exists.
The CWP course of fire was pretty easy. Large target shot at several distances, all under 25 yards. I believe you needed 80% hits. Renewal does not require requalifying provided you renew before the 5 year expiration date.
I was glad I took the course, SC has some weird laws. I do not know what their status is now that Constitutional carry has passed.
The advantage of the the CWP is reciprocity when traveling and you can skip the background check when you purchase a firearm in SC

 

[mauser9]

Gone from bad to worse as usual in Ma. Better have a License To Carry if you have anything semi-auto and that includes .22 rifles. A FID card won't cut it anymore. Want to hunt or target shoot here if your from out of state? Gotta register your gun first. Nothing ever changes for the better.

 

[Sgt. Buzzard]

. Likewise if the person I believe is being assaulted by a violent partner tells a different story when questioned.
.

This quote comes back to haunt me. Three decades OTJ with twelve years on active patrol before promotion and transfer of assignment.

There are a lot of shields in this forum signaling police service. How many of you have been to extremely violent family disputes? How many times have you made an arrest, only to find the complaintant would later drop the charges, or never show up for court?

How many times did you effect an arrest, then have the other partner (wife) assault you? This is why family disputes are so dangerous.

Working night shift we had so many regulars that dispatch would give you the name and you already knew the address and apartment number. Every freaking Friday and Saturday night.

How about court ordered restraining orders? We had a file cabinet overflowing with restraining orders issued, then vacated, then re-issued, numerous times.

In twelve years on the street I know I've seen these incidents play out a hundred times or many more. As a sergeant I've supervised these scenes or worked the desk typing up the warrants many more. Only to see it all go down the toilet at court Monday morning.

How is Joe Citizen with his CCW supposed to know all of this? Do you want to include a potential axe involvement? Been there, done that too. Also machete, very popular where I worked and knives worthy of Jim Bowie. Even saving someone from these weapons means, nothing. NOTHING. But trouble.

The badge, union and the cities deep pockets and lawyers gives you some protection but how about now after retirement?

 

[biku324]

Seven times. The average abused woman forgives abuse and returns seven times for all kinds of reasons (kids, school, housing, food, health insurance, pressure from family, and on and on). I was deeply involved in DV response, then eventually shelters, then victim and also offender counseling services for a couple of decades.

 

[fatcat3]

Maine, Constitutional carry. Don't bother with a permit anymore, don't care about reciprocity. If I never go south of Agusta it will be a day too soon. . Don't need a permit to avoid waiting, I'm about done buying guns. Any new to me gun would have to be one wicked sweet deal and that would be person to person.

 

[Piwo]

Regarding the state mandating qualification in order to carry a gun...I don't take a test to vote, express my opinion, or go to church. I don't need a bureaucrat to be the gatekeeper of my rights. I also believe that training and familiarization are essential for safety. This used to be traditionally done in the home when we were young. We now have a whole new group of folks learning about guns for the first time. The answer is out there. There are other ways to incentivize training. For starters, how about a tax write off for firearms safety training? Gun safety training curricula at community colleges? At universities? High schools?
We should be making the case that it is everyone's best interest to make firearms safety training available on all fronts. I know these aren't new ideas. I'm sure members here can come up with a lot more.

Ohio for the most part has never regulated open carry, except for motor vehicles, bars and a few other cases. No training or permission required then or now. Apparently it didn't cause many bloodbaths. We now have constitutional carry. Still waiting to hear about the bloodbaths. Just my thoughts

 

[Jon651]

Regarding the state mandating qualification in order to carry a gun...I don't take a test to vote, ...

That is true, taking a test (literacy or otherwise) in order to vote is strictly prohibited. HOWEVER - You DO need a government-issued ID and you need to register with the government before you can ever cast a ballot. Food for thought...

 

[Terry G]

LEOSA here, but Wisconsin Resident's get a five year CCW for (I think) $40.00 or so. Hunters Safety, Veteran, or retired Leo just proof of that. Open Carry has been legal forever, but hardly anyone does it. The LEOSA Course is the same as active duty so it's no gimme. I enjoy the heck out of it.

 

[Buford57]

That is true, taking a test (literacy or otherwise) in order to vote is strictly prohibited. HOWEVER - You DO need a government-issued ID and you need to register with the government before you can ever cast a ballot. Food for thought...

Registration is required in Illinois but even asking for proof of identity or asking the voter to produce his/her registration card at the polls is strictly prohibited. The first time I voted in this state I took my voter registration card with me and presented it and my DL. The poll worker wouldn't touch it and looked at me like I'd asked for a date with his beagle. Apparently he thought it was some sort of sting operation.

 

[Chuck Edwards]

Louisiana is now a Constitutional Carry state, but I maintain my CHP. It's good for five years and helps when buying a gun and for reciprocity. I'm over 65 and a veteran so there's no cost for the permit itself, but renewal requires going back through the one-day class and range qual, and you have to pay for that.

 

[diyj98]

Other than being legal to own firearms there are no requirements to carry concealed or openly in Wyoming but a lot of folks get a CCW permit anyway so that they can carry in states with CCW reciprocity programs.

West Virginia is the same way. I only keep renewing my CCW so that I can legally carry when I travel in neighboring Ohio and Virginia.

 

[abigails&w]

Also WA state

One more from WA state. Open carry is free and requires no license. Concealed carry requires a Concealed Pistol License (CPL) which as stated, is easy to get (state is 'shall issue') without any required training or qualifications (not yet, looks they may add this soon) from local PD unless you are an unincorporated area when it may take longer as you need to apply at the County Sheriff. Valid for 5 years. All my renewals were complete online, super easy, but this may vary from one area to another, I guess.

 

[GypsmJim]

Regarding the state mandating qualification in order to carry a gun...I don't take a test to vote, express my opinion, or go to church. I don't need a bureaucrat to be the gatekeeper of my rights. I also believe that training and familiarization are essential for safety. This used to be traditionally done in the home when we were young. We now have a whole new group of folks learning about guns for the first time. The answer is out there. There are other ways to incentivize training. For starters, how about a tax write off for firearms safety training? Gun safety training curricula at community colleges? At universities? High schools?
We should be making the case that it is everyone's best interest to make firearms safety training available on all fronts. I know these aren't new ideas. I'm sure members here can come up with a lot more.

Ohio for the most part has never regulated open carry, except for motor vehicles, bars and a few other cases. No training or permission required then or now. Apparently it didn't cause many bloodbaths. We now have constitutional carry. Still waiting to hear about the bloodbaths. Just my thoughts

I have mixed emotions, but I truly believe that even though we have the constitutional right to own a firearm, the responsibility to use it safely means that some sort of training should be required.

We have to pass an exam to drive a car. That’s not taking away anybody’s right, it is simply an attempt to make the roads safer.
Anybody that owns a boat understands that at least 50% of the boaters out there are idiots. NY recently passed a law that requires a boater’s “license”, i.e. classroom training. The state has simplified the process. You don’t have to carry a certificate with you, the motor vehicle department prints an endorsement on you driver’s license. As it stands now, my license shows that I am certified to drive AND operate a boat. It doesn’t say how many boats I have, or even if I have a boat at all.

So, my proposal is that all citizens should be required to have “training” in firearms. The curriculum would be set up by the NRA and be “reasonable” in length and content. Naturally, even though you need a driver’s license people will still drive drunk, so even though you are firearm trained, there will still be accidents and deliberate events. But it’s a start. And if nothing else, maybe it will appease some of the antis.

The effect would be to “certify” people, not guns. No database of numbers of guns, just law-abiding people that had the education.

I realize this will never happen, but I would look forward to a future where my Driver’s License would list Auto, Motorcycle, Boat, Handgun, Long Gun and Full Carry. Right now only half of the items are listed.

 

[Rob613]

I have mixed emotions, but I truly believe that even though we have the constitutional right to own a firearm, the responsibility to use it safely means that some sort of training should be required.

We have to pass an exam to drive a car. That’s not taking away anybody’s right, it is simply an attempt to make the roads safer.
Anybody that owns a boat understands that at least 50% of the boaters out there are idiots. NY recently passed a law that requires a boater’s “license”, i.e. classroom training. The state has simplified the process. You don’t have to carry a certificate with you, the motor vehicle department prints an endorsement on you driver’s license. As it stands now, my license shows that I am certified to drive AND operate a boat. It doesn’t say how many boats I have, or even if I have a boat at all.

So, my proposal is that all citizens should be required to have “training” in firearms. The curriculum would be set up by the NRA and be “reasonable” in length and content. Naturally, even though you need a driver’s license people will still drive drunk, so even though you are firearm trained, there will still be accidents and deliberate events. But it’s a start. And if nothing else, maybe it will appease some of the antis.

The effect would be to “certify” people, not guns. No database of numbers of guns, just law-abiding people that had the education.

I realize this will never happen, but I would look forward to a future where my Driver’s License would list Auto, Motorcycle, Boat, Handgun, Long Gun and Full Carry. Right now only half of the items are listed.

Driving is a privilege not a right.

Owning a fire arm to protect you and your loved ones is an inalienable right and protected by the Constitution, shall not be infringed is pretty clear.

All gun laws need to go as they are all unconstitutional.

 

[GypsmJim]

Driving is a privilege not a right.

Owning a fire arm to protect you and your loved ones is an inalienable right and protected by the Constitution, shall not be infringed is pretty clear.

All gun laws need to go as they are all unconstitutional.

I wasn't nitpicking. I was simply using a car as an example of where training is needed.

 

[Jon651]

Registration is required in Illinois but even asking for proof of identity or asking the voter to produce his/her registration card at the polls is strictly prohibited. The first time I voted in this state I took my voter registration card with me and presented it and my DL. The poll worker wouldn't touch it and looked at me like I'd asked for a date with his beagle. Apparently he thought it was some sort of sting operation.

Florida is very similar in that they don't look at your ID when you go to vote - but they do compare your signature to what they have in their database (or at least they do in my county). However, you can't vote unless you register, and you can't register unless you have ID. You have to be able to show at least three things in order to register - identification, proof of age, and proof of residency (which can all be shown on the same ID). And they require all this even though voting is an inalienable right.

And if our current Florida political leadership has their way, you WILL be required to have a valid ID to vote - it's just a matter of time. It all sounds very reasonable, but it is not evenly applied.