Indiana: Some observations

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ELB
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Re: Indiana: Some observations

Post by ELB »

I just looked back at one of the GFSZA prosecutions that was overturned by the 11th Circuit Court (covers Alabama among others), US vs Tait. The prosecutors argued that the Alabama concealed carry license didn't meet the requirements of the GFSZA because Alabama law did not explicitly require a background check. The 11th shot this down, saying the GFSZA did not require this, it only required that a law enforcement official determine that the licensee was qualified (In this case it the county sheriff). The feds also tried to argue that Tait didn't even qualify under Alabama's "lenient" laws for CHLers, but the feds lost across the board on this case both at district court and at the appeals level.

So yeah, I think the lifetime CHL should be good for the GFSZA exception...
USAF 1982-2005
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seamusTX
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Re: Indiana: Some observations

Post by seamusTX »

I had not heard of U.S. v. Tait: http://openjurist.org/202/f3d/1320/united-states-v-tait" onclick="window.open(this.href);return false;

It's fascinating reading and touches upon other issues of eligibility of a convicted felon who has served his time to own a firearm.

We don't have lifetime licenses in Texas and they are not on the horizon, so it's an academic issue for us.

- Jim
Fear, anger, hatred, and greed. The devil's all-you-can-eat buffet.
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