Friday, June 19, 2015

Puerto Rico Goes Constitutional Carry


Most of us don't think much about the US territories and commonwealths. Maybe we should.

Thanks to the Ladies of the Second Amendment and their lawsuit in a Puerto Rico commonwealth court, Puerto Ricans can now carry, open or concealed, without a permit and they no longer need a permit to purchase a firearm. The court's ruling also abolished the gun registry in Puerto Rico. All firearms transactions will now handled in accordance with Federal firearms regulations.

Wow! That's way better than I have it in North Carolina. I still have to have a concealed carry permit and people still need to go to their local sheriff to get a pistol purchase permit (thanks to some Republicans who kow-towed to the Sheriffs' Association.)

Below is the release that the Second Amendment Foundation put out announcing this win for gun rights in Puerto Rico.

BELLEVUE, WA – A surprising victory for gun rights in Puerto Rico has eliminated the firearms registry and licensing requirements to purchase and carry in the Commonwealth, the Second Amendment Foundation has confirmed.

As of now, according to Sandra Barreras with Ladies of the Second Amendment (LSA), the group that brought the lawsuit, “there is no regulation to purchase or carry (and) all purchases will be handled in accordance with federal firearms regulations.” LSA is affiliated with SAF through the International Association for the Protection of Civilian Arms Rights (IAPCAR).

The class-action lawsuit challenged various articles in Puerto Rico’s gun law, which the court declared unconstitutional. Because of the ruling, Barreras said, Puerto Ricans may now carry openly or concealed without a permit, and they do not need to obtain a permit before purchasing a firearm.

This was a class action lawsuit involving more than 850 individual plaintiffs, she reported to SAF offices. The news was greeted with delight, especially because in reaching its decision, the court cited the Heller and McDonald Supreme Court cases, and the recent ruling in Palmer v. District of Columbia. Both the McDonald and Palmer cases were won by SAF.

“Cumbersome firearms regulations have never prevented criminals from getting their hands on guns,” noted SAF founder and Executive Vice President Alan M. Gottlieb. “They have only inconvenienced law-abiding citizens, or deprived them outright from exercising their rights under the Second Amendment.”

Gottlieb said the lawsuit was brought in a Puerto Rican Commonwealth court, rather than a federal court. Puerto Rico is a U.S. territory and thus is subject to federal court jurisdiction.

“This case turned out better than anyone had really anticipated,” he commented. “We’re very pleased to have played an advisory role in this case, and if there is a government appeal, we’ll definitely be there with whatever support we can provide to our good friends in Puerto Rico.”

13 comments:

  1. Wonder if it applies to tourists? Or if there are other barriers to traveling there with a carry pistol.

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    1. Considering they no longer have any territorial laws regarding firearms possession or presentation, it should apply to anyone in the Territory. Purchase and sale is still under Federal laws.

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  2. That one snuck up on me... Didn't even hear about that at all! :-)

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  3. That one snuck up on me... Didn't even hear about that at all! :-)

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  4. This isn't anywhere near finalized. First the DOJ can ask the judge to reconsider his decision. Then after that they still have the option to appeal the decision to the Appeals Court and then onto the PR Supreme Court. But assuming this stands it would apply all, residents and visitors alike.

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  5. If it stands this is a great victory for the people. All parts of the USA should have similar gun rights. PR is a tough place where it was hard for individuals to lawfully carry. The criminal element was in charge and the residents unprotected in parts of the island.

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  6. Still has to get past Barry and his pen and phone.

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  7. PR isn't alone. Guam went shall-issue a while back.

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  8. This needs to hit the internet big time. All who read this article need to forward it to all on their respective mailing lists, organizations and get it to all friendly news media. Spread the word folks.

    Bayou Castine [Sorry, this my 1st effort to post - don't have urls etc.]

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  9. I'd say it should definitely be universal for all of the United States, including Puerto Rico, of whether you can carry a gun or not like that. Thanks for sharing this news!

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  10. Hello, Does anybody knows the current status of the ruling?

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  11. This has NOT been applied. I would really like to know where these references come from. I live in PR and I can carry a gun or buy a gun with just a 4473, I can't purchase a gun without it being transfered to my name. This is currently not being done.

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  12. The puertorican DOJ filed and appeal, so it is not yet in effect as far as I know, I read a comment a while back on a different blog from an American regarding the puertorican DOJ filling an appeal on this issue that said something like "...an unconstitutional government trying to outlaw a constitutional law..." I couldn't agree more, it really bothers me when public officials who swear an oath to defend our rights sometimes become misguided and do the complete opposite. Just MHO

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