If we win a permit case in SCOTUS are we killing Constitutional Carry?

[usmarine0352_2005]

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It appears that the next gun case for SCOTUS will be whether carry permits should be shall issue or may issue, and in turn, it will answer whether the 2nd Amendment pertains to carry outside of the home, since you don't need a permit to carry in your home.


Well, assuming we win in SCOTUS and they say you do not need to prove a good and substantial reason to apply for a permit, the rights existence is all the reason you need, and all you need to do is not be a felon and you can apply for a permit and be granted one, then we have won shall issue.


However, if that happens we have just said that you need a permit to carry outside of the home, does that kill the chance of Constitutional Carry (carry outside of the home without a permit) in most states?
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[Midwest]

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It appears that the next gun case for SCOTUS will be whether carry permits should be shall issue or may issue, and in turn, it will answer whether the 2nd Amendment pertains to carry outside of the home, since you don't need a permit to carry in your home.


Well, assuming we win in SCOTUS and they say you do not need to prove a good and substantial reason to apply for a permit, the rights existence is all the reason you need, and all you need to do is not be a felon and you can apply for a permit and be granted one, then we have won shall issue.


However, if that happens we have just said that you need a permit to carry outside of the home, does that kill the chance of Constitutional Carry (carry outside of the home without a permit) in most states?
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You bring up valid points. The subject of open or concealed carry, permit or no permit has been mainly a state issue all along. If the Feds get involved in it...things could get complicated. Imagine if there WAS a Federal Carry Permit, for any kind of carrying situations open or concealed. Suppose they institute a $400 fee, 3 character reference background checks, six month to a year wait...what state can you escape to? I can legally open carry here in Kentucky without a permit, so would that right go away if the Feds get involved? What standard would apply? Who makes that determination?

 

[Frank Ettin]

...However, if that happens we have just said that you need a permit to carry outside of the home, does that kill the chance of Constitutional Carry (carry outside of the home without a permit) in most states?

It's most likely irrelevant. Constitutional Carry is primarily a State political issue. And the reality probably is that the politics of only a very few States are such that Constitutional Carry is even a possibility.

 

[Trunk Monkey]

I agree with Frank, it's irrelevant because we're never going to get Constitutional carry on a national level

 

[Dean Weingarten]

However, if that happens we have just said that you need a permit to carry outside of the home, does that kill the chance of Constitutional Carry (carry outside of the home without a permit) in most states?

It would be just another incremental step in the right direction. The decision would not cause States to add more regulation, likely it would add pressure to decrease regulation.

it would always be possible, in the future, to whittle away at the requirements for permits.

 

[Twiki357]

With a decision like that by SCOTUS, I would think that it would establish a minimum for permit issuance, not a maximum or a specific all encompassing standard. So states with more "Friendly" carry laws (Including Constitutional carry) would go on as they have, but would not be legally able to establish more restrictive requirements.

 

[tepin]

Constitutional carry is less restrictive than requiring a permit so I would guess constitutional carry would still be okay for states that wanted it.

 

[PavePusher]

I agree with Frank, it's irrelevant because we're never going to get Constitutional carry on a national level

That's what they said about "shall issue" CCW, IIRC....

 

[ServiceSoon]

However, if that happens we have just said that you need a permit to carry outside of the home...

I disagree with this statement. When SCOTUS decides may or shall issue, nothing is implied that a permit is required/necessary. The only thing that is implied is that when permits are issued, the policy is shall or may issue.

My understanding is that SCOTUS rulings are very limited in their scope. It's possible to speculate what you think could happen with cc based on a collection of rulings, but unless the subject itself is specifically questioned, then no such ruling can be derived.

The good news is that if this ruling occurs the way the founders intended, the ruling will be shall issue.