David Hardy chat: Question 4

Dave Hardy of Arms of the Law (and one author of amici briefs in Heller) participated in an online chat on the Heller case last Friday.  I logged in to get a few of my own questions answered.

TriggerFinger: How do you see the "arbitrary and capricious" language concerning licensing schemes playing out with respect to concealed-carry licensing? Chicago's laws are an obvious target (with a local official trying to pass a very brief amnesty reregistration period because he forgot to reregister his guns), but there are other obvious applications. I'm thinking of New York's only-the-rich-and-famous-may-carry, and California's maybe-if-you-donate-to-my-campaign licensing system.

Basically, I'm trying to see if he thinks the "arbitrary and capricious" language is suitable for requiring a shall-issue standard for concealed carry licenses. 

David H (davehardy): After incorporation, this might come into play (altho as noted above, Heller is a keep arms case, so the first challenges should be to bans on that rather than on carrying). Hard to see how a right can be restricted on an entirely arbitrary basis, i.e., whether a local official is convinced you have a "need," not further defined, to exercise it.

I think that spells it out pretty clearly.  Shall-issue concealed carry might ride in under the coattails of Heller, but only after we connect the dots in other cases first.

The full transcript is available here.

This entry was published Wed Jul 09 02:31:43 CDT 2008 by TriggerFinger and last updated 2008-07-09 02:31:43.0. [Tweet]

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