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DeltaDoc 
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| 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:16 am)
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quote:
In a sweeping ruling, the Tenth U.S. Circuit Court of Appeals ruled that there is no Second Amendment right to carry a concealed firearm in public. The broad wording of the decision in Peterson v. Martinez creates a far-reaching national precedent against carrying a loaded handgun outside the home.
The case began on a narrow point - a challenge by a Washington State man against Colorado's law to issue CHL permits ("Concealed Handgun License") only to state residents. But the final ruling held, "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."
The federal court also rejected arguments that Colorado's CHL law infringed on the Equal Protection Clause and the Privileges and Immunities Clause of the Constitution.
To bullet-proof the ruling against an appeal to the U.S. Supreme Court, the Tenth Circuit recounted numerous court rulings and state laws dating back to 1813, and based its ruling on prior U.S. Supreme Court cases.
quote:
The ruling is yet another setback for the NRA, which filed a brief supporting Peterson. The NRA has pursued a strategy of using litigation to eliminate gun-safety laws one at a time, which increases the sales and profits of the arms industry that funds the NRA. The strategy backfired because the lawsuit focused on the narrow issue of permits for non-residents, and blew up into an expansive ruling limiting gun rights. The ruling is a precedent in all federal courts.
The heavily-funded NRA has filed many cases against small municipalities and local sheriffs nationwide, trying to pick off safety laws individually. That strategy failed when it sued to allow gun sales to minors, to overturn a limit allowing one gun purchase per month and to overturn a law allowing doctors to discuss the dangers of gun ownership with patients. Courts in each of these cases ruled against the gun lobby.
"The NRA is basically helping to make sure the gun industry can increase sales," Rep. Carolyn McCarthy, a New York Democrat, told The Huffington Post.
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boosiebadazz
Member since Feb 2008
36680 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:17 am to DeltaDoc)
quicker it gets to SCOTUS, the better
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BlackHelicopterPilot
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26426 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:20 am to DeltaDoc)
I never thought it was an issue.
I know many people that HAVE CC permits. All of them, of course, were issued by their respective states.
If there were a Constitutional Right to CC...why would there be state issued licensing?
Again....I never even considered that CC would be a constitutional right.
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tigeraddict
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Baton Rouge
Member since Mar 2007
4433 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:23 am to BlackHelicopterPilot)
concealed is one thing, but according to the article it effect carrying a gun period.
no constitutional right to carry a loaded gun is another thing.
i agree about concealed
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WikiTiger
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| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:23 am to BlackHelicopterPilot)
Yea, I doubt the SCOTUS would have ruled it is constitutionally protected, regardless of the 10th circuit's ruling.
Although it should be a protected right in a supposed "free" country.
This post was edited on 2/26 at 10:24 am
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RollTide1987 
Alabama Fan
Senoia, Georgia
Member since Nov 2009
17691 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:25 am to BlackHelicopterPilot)
quote:
Again....I never even considered that CC would be a constitutional right.
I have.
A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
You are infringing upon the people's right to bear arms by ruling CC unconstitutional.
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boosiebadazz
Member since Feb 2008
36680 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:26 am to RollTide1987)
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BlackHelicopterPilot
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| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:26 am to WikiTiger)
quote:
Although it should be a protected right in a supposed "free" country.
We are more in agreement that opposition.
I'm not sure where I stand on this, precisely.
But, I was speaking only of what I believed was the case...and NOT what I think is ideal 
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BlackHelicopterPilot
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| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:27 am to RollTide1987)
quote:
the right of the people to keep and bear arms shall not be infringed.
You are infringing upon the people's right to bear arms by ruling CC unconstitutional.
meh.....keep and bear them OPENLY.
Kinda one of those "Free speech...cannot yell FIRE in a crowded theater" things.
Rights are not unfettered.
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Diamondawg 
Mississippi St. Fan
Mississippi
Member since Oct 2006
8231 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:28 am to boosiebadazz)
quote:
quicker it gets to SCOTUS, the better
Probably headed that way pretty quickly. 7th Circuit ruled the opposite in a different case.
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udtiger
LSU Fan
Louisiana
Member since Nov 2006
17952 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:28 am to boosiebadazz)
State law issue. CO has the right to limit its licenses to state residents. A number of states do this. They may be fricking their resident CCL holders as to reciprocity (although, not as to Louisiana), but that's their choice.
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WikiTiger
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| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:29 am to BlackHelicopterPilot)
quote:
meh.....keep and bear them OPENLY.
but the amendment makes no qualifications on "openly"
quote:
Kinda one of those "Free speech...cannot yell FIRE in a crowded theater" things.
and the 1st makes no exceptions either. it clearly states, "congress shall make no law..." and yet they do.
quote:
Rights are not unfettered.
meh, I don't have the desire to get into a huge philosophical debate on all that today, but I will just state that clearly defined language in legal framing documents would go a long way to prevent wishy washy judges and politicians from perverting things.
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Meauxjeaux 
Memphis Fan
I have 91k posts with all my alters
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12971 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:30 am to DeltaDoc)
quote:
"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."
I submit that the court may have punked itself.
The "activity" in this statement is the restrictions being imposed on carrying in a concealed manner.
Do away with the restriction. Everyone has a 2A right to BEAR ARMS (carry) concealed or open. All the time.
This post was edited on 2/26 at 10:31 am
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BlackHelicopterPilot
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| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:33 am to WikiTiger)
quote:
and the 1st makes no exceptions either. it clearly states, "congress shall make no law..." and yet they do.
Correct. But, it is not Holy Writ. This is settled law...is it not?
I am speaking of what IS. Not, what my personal utopia would be.
Do you not believe that there ARE limits on these rights? Again, not that you WANT them. Simply, do they exist?
I gave the common example of "FIRE"...you do not dispute that this is settled, do you? Not asking if you like it. Only, that it exists and can be enforced.
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Roaad
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50365 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:34 am to DeltaDoc)
quote:
"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."
So, because we've limited it before. . .the limiting is constitutional because we've limited it?
Oh dear lord.
This is explosive for libertarians and any other pro-legalization crowd.
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SlowFlowPro 
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| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:35 am to BlackHelicopterPilot)
quote:
If there were a Constitutional Right to CC...why would there be state issued licensing?
huh?
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RollTide1987
Alabama Fan
Senoia, Georgia
Member since Nov 2009
17691 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:35 am to BlackHelicopterPilot)
quote:
Do you not believe that there ARE limits on these rights?
I don't personally believe there are limits, no. However I do acknowledge these limits exist in actuality even if I ardently disagree with them.
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Lsut81
LSU Fan
Member since Jun 2005
54807 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:37 am to SlowFlowPro)
quote:
huh?
I think he is saying if the Constitution already says that we have a right to CC... Then what is the need for individual states to issue CC permits
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Wally Sparks 
Louisville Fan
Atlanta
Member since Feb 2013
2053 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:38 am to DeltaDoc)
quote:
Rep. Carolyn McCarthy, a New York Democrat
She has certainly made a wonderful career out of her husband's death (LIRR Shooting). 
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DeltaDoc
LSU Fan
The Delta
Member since Jan 2008
6148 posts
| re: 10th Circuit: No Right To Concealed Carry (Posted on 2/26/13 at 10:39 am to Meauxjeaux)
If you read the 2nd amendment literally, it seems that someone forcing an individual to register for concealed carry license, that is not otherwise prohibited from carrying a weapon, is an infringement upon their constitutional rights.
This court ruling seems to indicate that concealed carry is a privilege akin to being able to drive on public roads.
There is most certainly a difference in a RIGHT and a PRIVILEGE.
Interestingly enough, the 10th Circuit used right wing cases to arrive at a somewhat left wing conclusion.
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