We’re now about two weeks away from the first conference of the Supreme Court’s new term, and a number of Second Amendment cases are awaiting the justices’ attention. One of them is Johnson v. Jacobson, which deals with recognition (or the lack thereof) of out-of-state concealed carry permits. The “Johnson” in this case is an over-the-road truck driver named Jeffrey Johnson, who would like to be able to lawfully carry his handgun while driving through Minnesota without having to go through the process of obtaining a non-resident permit.
A coalition of Second Amendment groups comprised of National Rifle Association, California Rifle and Pistol Association, Second Amendment Law Center, Minnesota Gun Owners Caucus and the Citizens Committee for the Right to Keep and Bear Arms have now filed an amicus brief in support of Johnson’s legal challenge.
Kostos Moros, Second Amendment Foundation’s head of Legal Research and Education and the counsel of record on the brief, argues that the right to carry does not stop at state lines.
“A truck driver who already holds permits from Florida and Georgia should not have to fly to Minnesota, appear in person at a sheriff’s office, pay another set of fees and complete another training course just to exercise the same constitutional right he already has. Our historical tradition offered travelers more leeway than residents when it came to the right to carry. Minnesota’s scheme turns that tradition on its head.
Moros has written about the “traveler’s exception” before, and he’s right that the historical record is replete with examples of states carving out exceptions to their gun laws for those who are traveling through. In some ways that could be seen as reciprocity, though these states weren’t honoring out-of-state permits since gun permits weren’t really a thing in 1791 or 1868. On some level, though, these exceptions were recognition of the fact that we aren’t divested of our Second Amendment rights once we leave the state where we live.
If you want the ability to carry in all 50 states, you’re probably out of luck. Some states don’t recognize any out-of-state permits, and may not even allow non-residents to apply for a permit either. Oregon, for example, only recognizes permits from contiguous states and has no way for non-residents to apply for an in-state permit.
To come even close to being able to carry nationwide, it will cost thousands of dollars and multiple trips to other states. That’s a burden that simply doesn’t exist when it comes to every other constitutionally protected right, and a case like Johnson is a natural follow up to the Bruen decision.
Still, the Supreme Court has turned away a couple of other cases that deal with the same issue, and so far no justice has requested a reply from the state of Minnesota. That’s not a good sign, but Moros and the 2A organizations that are a part of the brief are hoping to pique the interest of one or more justices before the September 28 conference.
If that does happen and Minnesota is forced to respond, the justices won’t decide what to do with Johnson until that reply is in hand. Even then, the odds of the Court granting cert are pretty long, but this is an issue that SCOTUS is going to have to address sooner rather than later, and Johnson is a pretty good vehicle to do so.
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