10th Circuit: No Right To Concealed Carry | TigerDroppings.com
Posted by
Message
DeltaDoc
LSU Fan
The Delta
Member since Jan 2008
9933 posts

10th Circuit: No Right To Concealed Carry

LINK

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.



boosiebadazz
Member since Feb 2008
49831 posts

re: 10th Circuit: No Right To Concealed Carry
quicker it gets to SCOTUS, the better



BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
35000 posts

re: 10th Circuit: No Right To Concealed Carry
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.


tigeraddict
LSU Fan
Baton Rouge
Member since Mar 2007
5023 posts

re: 10th Circuit: No Right To Concealed Carry
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


Replies (0)
Replies (0)
WikiTiger
LSU Fan
Member since Sep 2007
40721 posts

re: 10th Circuit: No Right To Concealed Carry
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


RollTide1987
Alabama Fan
Aurora, CO
Member since Nov 2009
27844 posts

re: 10th Circuit: No Right To Concealed Carry
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.



Replies (0)
Replies (0)
BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
35000 posts

re: 10th Circuit: No Right To Concealed Carry
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


Replies (0)
Replies (0)
BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
35000 posts

re: 10th Circuit: No Right To Concealed Carry
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.


Diamondawg
Mississippi St. Fan
Mississippi
Member since Oct 2006
12325 posts

re: 10th Circuit: No Right To Concealed Carry
quote:

quicker it gets to SCOTUS, the better

Probably headed that way pretty quickly. 7th Circuit ruled the opposite in a different case.


Replies (0)
Replies (0)
udtiger
LSU Fan
Louisiana
Member since Nov 2006
29742 posts

re: 10th Circuit: No Right To Concealed Carry
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.


Replies (0)
Replies (0)
WikiTiger
LSU Fan
Member since Sep 2007
40721 posts

re: 10th Circuit: No Right To Concealed Carry
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.


Meauxjeaux
Memphis Fan
90248 posts including my alters
Member since Jun 2005
18917 posts

re: 10th Circuit: No Right To Concealed Carry
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


BlackHelicopterPilot
LSU Fan
Top secret lab
Member since Feb 2004
35000 posts

re: 10th Circuit: No Right To Concealed Carry
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.


Roaad
LSU Fan
Lunch Wagon
Member since Aug 2006
54309 posts

re: 10th Circuit: No Right To Concealed Carry
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.


Replies (0)
Replies (0)
SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
310317 posts

re: 10th Circuit: No Right To Concealed Carry
quote:

If there were a Constitutional Right to CC...why would there be state issued licensing?

huh?


RollTide1987
Alabama Fan
Aurora, CO
Member since Nov 2009
27844 posts

re: 10th Circuit: No Right To Concealed Carry
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.


Replies (0)
Replies (0)
Lsut81
USA Fan
Member since Jun 2005
66067 posts

re: 10th Circuit: No Right To Concealed Carry
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


Replies (0)
Replies (0)
Wally Sparks
Georgia Tech Fan
Atlanta
Member since Feb 2013
9894 posts

re: 10th Circuit: No Right To Concealed Carry
quote:

Rep. Carolyn McCarthy, a New York Democrat


She has certainly made a wonderful career out of her husband's death (LIRR Shooting).


Replies (0)
Replies (0)
DeltaDoc
LSU Fan
The Delta
Member since Jan 2008
9933 posts

re: 10th Circuit: No Right To Concealed Carry
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.


Page 1 of 2

Back to top

Follow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram