[vc_row][vc_column][vc_column_text]The recent Supreme Court ruling that has legalized same-sex marriages in all fifty states provides an excellent opportunity for Second Amendment advocates to pursue concealed carry reciprocity in all fifty states.[/vc_column_text][banner300 banner=”5517620b381df”][vc_column_text]Currently, the U.S. is a patchwork of different laws concerning the lawful carrying of firearms. This inequality makes travelling while exercising one’s Second Amendment liberties nearly impossible. As the Supreme Court has validated the supposed right for same-sex couples to marry regardless of what state in which they reside, it stands to logic that the right to keep and bear arms in a practical sense would also apply across state lines.
While the line of thinking makes sense, the National Rifle Association has been quick to offer a warning to gun owners to not violate laws as the case for concealed carry reciprocity has not yet been ruled on and it may never be.
[W]e strongly advise concealed carry license holders not to assume Obergefell provides them with the legal basis they need to carry without an in-state license in strongly anti-gun states such as Maryland, New Jersey, or New York. Doing so at this point would still subject the traveler to arrest and criminal prosecution.
This is so for a number of reasons, chief of which is that the U.S. Supreme Court has not yet ruled squarely on the question of whether the Second Amendment protects the right to carry a loaded handgun in public, and if it does, whether states must recognize each other’s permits. The landmark cases of Heller and McDonald only concerned the question of handgun possession in the home.
Until the Supreme Court rules on the issue conclusively, certain reliably anti-gun jurisdictions can be counted on to exist in a state of denial and defiance. If states and lower courts can ignore a congressional statute like Firearm Owners’ Protection Act – and they do – they certainly can ignore arguments that the philosophical bases for interstate recognition of same-sex marriage compel interstate recognition of concealed carry permits.
Matt Vespa at HotAir notes that the Supreme Court has, thus far, not been willing to hear cases worming their way up through the court system concerning this important issue.
So far, the Supreme Court has rejected to hear arguments from petitions that directly challenge such statutes in Woollard v. Gallagher–a Maryland-based lawsuit– (2013) and Drake v. Jerejian, which challenged New Jersey’s concealed carry process (2014). The plaintiff in the New Jersey case–John Drake–has two permits from Utah and Florida, which allows him to carry in 38 states, except for his home state. The Drake case also asked the question that the NRA wants to be clarified before the Court, which is “whether the Second Amendment secures a right to carry handguns outside the home for self-defense.”
Vespa and the NRA are correct. While this may seem like a “no-brainer,” we must wait for a confirmation of our rights by the Supreme Court as lawmakers have, for the past half-century, pretended that the words “shall not be infringed” is open to a wide variety of interpretations.[/vc_column_text][/vc_column][/vc_row]