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6/27/2015 7:00:49 PM
4
Wouldn't that require another court case and legal challenge that made it to federal courts?
English
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It already has. McDonald vs. Chicago which did rule in favor of concealed carry across the board via the 14th Amendment.
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Almost certainly I would think. I would imagine that there are plenty of instances where someone is arrested or charged with violating local/state laws (especially in a state that has no laws to license citizens) or where one state doesn't recognize the licenses from other states, despite the defendant being licensed in their home state. Such a case would need to go through the appeals process and make it "up the chain" to federal court and find a court willing to hear the case. But with the recent ruling and the findings of the SCOTUS, the parallel and precedent now in place, it would take a lot of mental juggling and twisting to not rule in favor of the individual over the state that is not recognizing the legal license granted by another state,
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Couldn't the US Congress pass a law, get it signed by the President and then there would be a court challenge?
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That could happen too (at least in theory), but it is highly unlikely considering the politics involved. In that case, it would then be a city or state suing the feds as a plaintiff stating that such a law undermines their rights and abilities to pass local laws. Almost the "flip side" of a case where an individual is appealing because they were accused/convicted by a state that didn't honor their out-of-state license. My understanding is that for a case to make it to the courts, it has to be brought by someone who has standing (they've been harmed by the existing law and are proposing the law is unconstitutional). In the case of an individual with an out-of-state license who was charged or convicted, they would have standing to bring a case against the prosecuting state and in the case of a law passed by Congress, the state/city would then have standing to protest that their rights and abilities were being restricted.
