The Following Law Was Passed By Congress, Following The Tragic School Shooting In Texas. Congress Made Numerous Findings That The Complex State By State Regulatory Regime Of Firearm Usage And Transportation Deters Commerce. Assume That Each State Has A Widely Different Regime On How To Regulate The Concealed Carry Of Firearms, Some States Requiring Permits,
The following law was passed by Congress, following the tragic school shooting in Texas. Congress made numerous findings that the complex state by state regulatory regime of firearm usage and transportation deters commerce. Assume that each state has a widely different regime on how to regulate the concealed carry of firearms, some states requiring permits, some states rarely if ever allowing concealed carry, and other states allowing concealed carry without any permit at all. Do not discuss the Second Amendment, but rather the other constitutional constraints we have discussed in class. US-1: In order to resolve the differing state laws regulating the concealed carry of firearms, every person shall be permitted to conceal carry a firearm of common usage on his or her person upon that person’s presentment of evidence of (x) a hunting license, or otherwise a certificate attesting to eight hours of basic training by either a state or federal law enforcement officer or a qualified individual who has had at least 200 hours of firearm training, or (y) that person’s status as an honorably discharged veteran or current military officer. Each law enforcement office shall make available such training no less than four times per year to the general public. The ATF (Bureau of Alcohol, Tobacco, and Firearms) shall interpret and enforce the above. The other state, executive, and agency authorities responded to the above law as per below. President’s Executive Order-2: Any gun manufacturer that sells a firearm to any person who has a legal right to conceal carry a firearm under US-1 shall be immune from state tort law claims. ATF Rule-3 (which is simply posted on the ATF’s website) : A person who is dishonorably discharged may both become eligible to conceal carry pursuant to US-1(x) and may be a qualified individual to train others, even if he or she is ineligible to concealed carry under US-1(y). New York Law-4: No person may advocate gun violence in any communication or advertisement targeted toward children. What challenges could you reasonably bring and how would a court likely rule?