Federal Appeals Court: No Second Amendment Right To A Concealed Firearm
Posted in the Minneapolis Forum
#1 Feb 27, 2013
Federal Appeals Court: There Is No Second Amendment Right To A Concealed Firearm
Source: Think Progress
By Ian Millhiser on Feb 27, 2013 at 10:30 am
A panel of the United States Court of Appeals for the Tenth Circuit, which included a Reagan and a George W. Bush appointee, held unanimously on Friday that the Second Amendment does not protect a right to carry a concealed firearm:
The Heller opinion notes that,like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. As an example of the limited nature of the Second Amendment right to keep and carry arms, the Court observed that the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues. And the Court stressed that nothing in our opinion should be taken to cast doubt on longstanding prohibitions.
There can be little doubt that bans on the concealed carrying of firearms are longstanding. In Heller, the Supreme Court cited several early cases in support of the statement that most nineteenth century courts approved of such prohibitions. We note, however, that this view was not unanimous. Nevertheless, most states enacted laws banning the carrying of concealed weapons in the nineteenth century.
It should be noted that the court left open the question of whether a concealed carry ban is permitted in a jurisdiction that also bans open carry of firearms. Nevertheless, this decision is a reminder that, despite the Supreme Courts decision in Heller expanding the scope of the Second Amendment, states and the federal government retain broad leeway to enact many gun safety laws.
Read more: http://thinkprogress.org/justice/2013/02/27/1...
#2 Feb 27, 2013
Finally some common sense!
Saint Paul, MN
#3 Feb 28, 2013
No THIS makes sense!
#4 Feb 28, 2013
America may be a lost cause
#5 Feb 28, 2013
"Our Aim is to Disarm the Americans and Let them Fall Asleep," Gorbachev. Good job heling him out Obama.
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