It’s debatable: Can a state restrict concealed carry rights of non-residents?

It’s debatable: Can a state restrict concealed carry rights of non-residents?

Moster Hide caption This week, Arnold Loewy and Charles Moster debate the constitutionality of an Illinois law that treats resident and non-resident gun rights differently. Moster is a former litigation attorney in the Ronald Reagan and George H.W. Bush presidential administrations who has offices in Lubbock, Amarillo, Midland/Odessa, Abilene and Georgetown. Loewy is the George Killam Professor of Law at Texas Tech School of Law. LOEWY 1 In recent years the confluence of mass shootings and taking the Second Amendment seriously have led to many state laws whose constitutionality has been seriously challenged. One such law is from Illinois where the legislature has passed a law permitting those of its residents who have no record of criminality or mental issues to obtain a concealed carry license. The problem is that it does not extend a similar opportunity to non-residents. Rather its rule is that no non-resident may conceal a weapon on his/her person unless that person resides in a state that monitors the licensee’s criminal and mental record as closely as Illinois. At this time, only four states meet that criteria. Most readers will be pleased to learn that Texas is one of them. The other three are Arkansas, Mississippi, and Virginia. Residents of states not included in Illinois’s acceptable list who are mentally balanced and not criminals filed suit in Federal Court seeking to have Illinois’s statute declared unconstitutional on, among other grounds, the Second Amendment. The Federal Circuit Court for the Seventh Circuit upheld the constitutionality of […]

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.