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Duvall v. Maryland Brief: Protecting the Right to Interstate Travel While Armed

CATO | 2026-07-23 | society

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English Summary

The brief argues that states should not possess the power to arbitrarily restrict an individual's constitutional right to carry firearms when traveling from another state. Using the example of a man arrested in Maryland despite possessing a valid out-of-state permit, the article highlights how some jurisdictions treat interstate visitors as if they were 'suspect foreigners.' The core reasoning is that this practice undermines the general right to self-defense affirmed by the Supreme Court and creates unnecessary legal hurdles for American citizens. Policy implications center on utilizing legal challenges (amicus briefs) to compel state courts to respect out-of-state permits, ensuring consistent protection of fundamental rights across all state lines.

中文摘要

本簡報論述,國家不應擁有任意限制個人在跨州旅行時攜帶槍械的憲法權利。文章以一名在馬里蘭州被捕、但持有有效外州許可證的男子為例,指出某些司法管轄區對州際遊客的對待方式,彷彿將其視為「可疑的外國人」。核心論點是,此類做法有損美國最高法院所確立的一般自衛權,並為美國公民製造了不必要的法律障礙。政策意涵著重於利用法律挑戰(例如提交『友邦意見書』/amicus briefs),迫使州法院尊重外州的許可證,從而確保基本權利在所有州界都能得到一致的保護。

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