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  1. #1 Federal Court Finds No Constitutional Right to Carry a Concealed Weapon 
    PORCUS MAXIMUS Rockntractor's Avatar
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    While gun rights supporters might like to think the Second Amendment to the United States Constitution is an absolute guarantee against government interference, according to at least one (relatively conservative) appeals court, they are severely mistaken. In fact, according to that same court, when it comes to carrying concealed weapons, the Second Amendment is basically irrelevant.

    Last Friday, the Tenth Circuit Court of Appeals handed down its decision in the case of Peterson v. Martinez, a case involving the question of whether a state has an obligation to provide a concealed carry license to anyone who has been granted such a license in another state. Their answer was, to put it mildly, ďno.Ē

    In fact, the court adopted a fairly novel approach in explaining why the right to keep and bear arms didnít apply in this case: Rather than rely solely on precedent that restricted gun rights, they built most of their analysis on language from cases that expanded gun rights, but still made clear that there were limits, of which concealed carry was certainly one. As Lawyers.comís Larry Bodine put it, ďTo bullet-proof the ruling against an appeal to the U.S. Supreme Court, the 10th Circuit recounted numerous court rulings and state laws dating back to 1813, and based its ruling on prior U.S. Supreme Court cases.Ē
    Read More>http://www.theblaze.com/stories/2013...-the-decision/

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    Senior Member LukeEDay's Avatar
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    So they are saying that you can't use a concealed carry license from one state in another? I can understand that. It is called states rights. Each state is different.

    I look at this in the same light as hunting licenses. You can't use a hunting license from Pa in Montana for example.

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    Power CUer FlaGator's Avatar
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    Quote Originally Posted by LukeEDay View Post
    So they are saying that you can't use a concealed carry license from one state in another? I can understand that. It is called states rights. Each state is different.

    I look at this in the same light as hunting licenses. You can't use a hunting license from Pa in Montana for example.
    Many states have agreements. When I took my concealed weapons class I was given a list of which states recognized my Florida concealed carry permit. I agree the judges on this. A state has the right to decide the criteria for a concealed carry license.

    I believe in Christianity as I believe that the sun has risen: not only because I see it, but because by it I see everything else.
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    Power CUer NJCardFan's Avatar
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    OK, that means it's OK to open carry.
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    That's the thing that landed Timothy McVeigh (OK bomber) in jail before anyone realized who he was or what he had done.

    Pulled over for license plate violation. Trooper notices bulge, asks about it. Tim says gun, Trooper pulls his gun out, removes Tim's gun and asks to see the concealed permit. Tim had a Kansas permit, which wasn't recognized in OK. Off to jail he went. And while waiting they realized who they had.

    Bad guys are almost never smart enough to obey the basic laws.
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    LTC Member Odysseus's Avatar
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    Quote Originally Posted by NJCardFan View Post
    OK, that means it's OK to open carry.
    Theoretically. The language of the Second Amendment refers to the right of the people to "keep and bear arms." Private ownership doesn't automatically tranlate to openly carrying in public areas, just as it doesn't automatically permit open carrying on private property if the owner chooses to restrict it.
    --Odysseus
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    Senior Member LukeEDay's Avatar
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    Quote Originally Posted by Novaheart View Post
    The Constitution doesn't guarantee you the right to hunt off your own property. Presumably, one doesn't need a license on his own property. If he does, then there is a more serious problem.

    The Second Amendment clearly is no respecter of states rights. It guarantees an existing right to keep and bear arms.
    Quote Originally Posted by Novaheart View Post
    You wouldn't feel that way if you had to exit the highway in Oakland California for a nonexistent construction activity, and were dumped in a scary and desolate worst part of Oakland (warehouses, dead ends, houses with bars, no people, could be trapped by a gang) . Your right and need for self defense go wherever you do- that right should not hinge on the opinion of Kamala Harris.

    That has no affect on States rights and laws. Every state is different. And here in Pa, I believe you are allowed to hunt on your own property without a hunting license, as I know A LOT of farmers in my area that do it .... They have never had any issues, and a couple even had hunt parties with state troopers and game commissioners ...

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    Power CUer NJCardFan's Avatar
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    Quote Originally Posted by Odysseus View Post
    Theoretically. The language of the Second Amendment refers to the right of the people to "keep and bear arms." Private ownership doesn't automatically tranlate to openly carrying in public areas, just as it doesn't automatically permit open carrying on private property if the owner chooses to restrict it.
    Then what does "bear arms" mean then?
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    Quote Originally Posted by FlaGator View Post
    Many states have agreements. When I took my concealed weapons class I was given a list of which states recognized my Florida concealed carry permit. I agree the judges on this. A state has the right to decide the criteria for a concealed carry license.
    Where in the Constitution does it say, "shall not be infringed except by California?
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  10. #10  
    Power CUer FlaGator's Avatar
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    Quote Originally Posted by Novaheart View Post
    Where in the Constitution does it say, "shall not be infringed except by California?
    You comment is beyond the scope of the ruling. The ruling merely said that one state is not constitutionally obligated to recognize the law of the other when the issue in question is not a constitutional one.

    What you stated is an issue between the people of California and their congress. If they don't like the laws then they should vote for the right people to change the law. If they feel they are being denied a constitutional right then they should take it up with the Surpreme Court.

    I believe in Christianity as I believe that the sun has risen: not only because I see it, but because by it I see everything else.
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