Second Amendment Concealed carry not protected by 2nd Amend.

Discussion in 'Bill of Rights' started by CATO, Feb 25, 2013.


  1. CATO

    CATO Monkey+++

    Federal court: No Second Amendment guarantee for concealed carry - The Denver Post

    Federal court: No Second Amendment guarantee for concealed carry

    Posted: 02/22/2013 03:34:34 PM MST
    Updated: 02/23/2013 05:51:46 PM MST​
    By Karen Augé
    The Denver Post
    20130108__glock-pistols-guns%7Ep1_200.
    Pistols are offered for sale at Freddie Bear Sports on October 18, 2012 in Tinley Park, Illinois. (Scott Olson, Getty Images)
    The Second Amendment's guarantee of a right to bear arms does not extend to the right to carry a concealed weapon in public, a federal appeals court in Denver has ruled.
    "We conclude that the carrying of concealed firearms is not protected by the Second Amendment . . ." Justice Carlos Lucero wrote on behalf of a three-judge panel of the 10th U.S. Circuit Court of Appeals.
    Lucero cited case law dating to the 1800s that put restrictions on walking around in public with a gun.
    "In light of our nation's extensive practice of restricting citizens' freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment's protections," he wrote in the ruling issued
    The Spot Blog

    20120329__statecapitol%7Ep1.
    Friday.
    The case began when a Washington state resident was denied a permit to carry a concealed weapon in Colorado. Gray Peterson, who holds a concealed carry permit in his home state as well as in Florida, applied for a similar permit in Colorado.
    When that permit was denied, because Colorado law allows only state residents to hold one, Peterson sued.
    On a blog Peterson describes himself as "a civil rights activist" who specializes in lesbian, gay and transgender issues as well as Second Amendment rights.
    Numerous organizations, from the National Rifle Association Civil Rights Defense Fund to the Brady Center to Prevent Gun Violence, weighed in on the case.
    On Friday, though, a spokesman for the Second Amendment Foundation, which filed a brief in support of Peterson, played down the significance of the ruling.
    "It's an interesting ruling," said Dave Workman of the foundation.
    "They don't really say it's unconstitutional to carry a gun, just that concealed carry is not protected. So I presume open carry is an option. It's a kind of a narrow case we'll just have to wait and see what happens."
    The 10th Circuit's ruling comes on the same day gun rights activists were celebrating a victory, as a federal appeals court in Chicago said it won't reconsider an earlier ruling that Illinois' concealed-carry ban is unconstitutional.
    In December, a three-judge panel of the 7th U.S. Circuit Court of Appeals struck down that state's total ban on concealed carry permits and gave lawmakers there a deadline to craft legislation legalizing the concealed carry of firearms.
    In the Colorado case, the Colorado Bureau of Investigation and local police departments who conduct background checks stated in affidavits that information that would disqualify a concealed-carry applicant in Colorado — such as juvenile convictions, misdemeanor convictions for drug use, or violence, restraining orders and mental health contacts — isn't available in nationwide databases.
    James Spoden, CBI's background check data supervisor, stated in his affidavit that, "It is virtually impossible to evaluate a non-resident applicant's background thoroughly enough to determine that the applicant, if granted a [concealed carry license] will not be a danger to himself or the community."
    Karen Augé: 303-954-1733, kauge@denverpost.com or twitter.com/karenauge
     
  2. BTPost

    BTPost Old Fart Snow Monkey Moderator

    If there is NO Second Amendment RIGHT to Conceal Carry, then there has to be an Open Carry Right in that State, or it Violates Heller & MaDonald which are Settled Law. You can NOT have it both ways... either you CAN Carry Openly, or You can Carry Concealed, but there MUST be a legal way to Carry, in ANY Public venue in the USA... Allowed by Federal Statute....
     
    STANGF150, tulianr and JABECmfg like this.
  3. ghrit

    ghrit Ambulatory anachronism Administrator Founding Member

    It would seem that recognition of another state's ccw might plug that hole.
     
    VisuTrac likes this.
  4. Pax Mentis

    Pax Mentis Philosopher King Site Supporter

    Except that they have a "higher bar" than many other states and require information that other states do not use in determining if a subject is allowed the right of self-defense...

    It's the same kind of BS that Oregon uses to avoid recognizing out of state licenses.
     
  5. ghrit

    ghrit Ambulatory anachronism Administrator Founding Member

    I guess there's a message there as well. I still think a common standard makes sense.
     
  6. VisuTrac

    VisuTrac Ваша мать носит военные ботинки Site Supporter+++

    Colorado and Washington do not have a reciprocity agreement on CC.
    Strange thing is Michigan has a CC reciprocity agreement with CA and NY .. I think we should pull that.
     
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