10th Circuit: No Second Amendment guarantee for concealed carry

This is a discussion on 10th Circuit: No Second Amendment guarantee for concealed carry within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; http://www.denverpost.com/breakingne...oncealed-carry Federal court: No Second Amendment guarantee for concealed carry Posted: 02/22/2013 03: 34 :34 PM MST Updated: 02/23/2013 12:30:20 PM MST By Karen Augé ...

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Thread: 10th Circuit: No Second Amendment guarantee for concealed carry

  1. #1
    VIP Member
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    Angry 10th Circuit: No Second Amendment guarantee for concealed carry

    http://www.denverpost.com/breakingne...oncealed-carry

    Federal court: No Second Amendment guarantee for concealed carry
    Posted: 02/22/2013 03: 34 :34 PM MST

    Updated: 02/23/2013 12:30:20 PM MST

    By Karen Augé

    The Denver Post

    The Second Amendment's guarantee of a right to bear arms does not extend tothe 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 Friday.

    SNIP



    No surprise, but

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    VIP Member Array ccw9mm's Avatar
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    If to "bear" arms doesn't indeed mean carrying it around with you, then what on this earth do they believe it actually means? One would think the common, everyday, ordinary meaning of the term is hard to butcher, but the 10th Circuit Court of Appeals has just befouled the meaning.

    IMO, it's clear they (and all other judges like them who make such rulings) are making this stuff up as they go along. They're not judging dispassionately, or intelligently. Surprise, surprise.

    I almost shudder to think what the SCOTUS would do with this question, as weak as they are on the subject.
    pittypat21, OD*, oneshot and 2 others like this.
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    Member Array Rattlehead's Avatar
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    Quote Originally Posted by ccw9mm View Post
    If to "bear" arms doesn't indeed mean carrying it around with you, then what on this earth do they believe it actually means?
    It means they'd better be cool with OC, otherwise we DON'T have the right to bear arms...

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    Funny, the 7th Circuit days there Is, so this all but guarantees a trip to SCOTUS.

    Btw... You have to either allow concealed or open carry... Having a ban on both is a defacto ban on "bearing arms".
    DaveH, dbucciar, Hopyard and 4 others like this.

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    A man is educated in a public school system. The man obtains a college education. The same man pursues advanced degree in law school. Many years within the judicial system and he becomes a judge. Ignorant still is he of the most basic of rights or an American citizen.

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    Re: 10th Circuit: No Second Amendment guarantee for concealed carry

    Even in the founding era... It was not allowed to carry concealed in many locales... In most, open carry was perfectly normal.

    It was "ungentlemanly" to carry concealed, as it was considered to be somewhat "underhanded... Conspiratorial, maybe even going armed with intent"

    I can provide citations from the press, and the law of the time... It's one reason they can use a permitting scheme for CCW.
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    It could be worse.
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    VIP Member Array Crowman's Avatar
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    Bad ruling................
    "One of the greatest delusions in the world is the hope that the evils in this world are to be cured by legislation."
    --Thomas B. Reed, American Attorney

    Second Amendment -- Established December 15, 1791 and slowly eroded ever since What happened to "..... shall not be infringed."

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    Member Array latentcarry's Avatar
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    Just as now: there were places you didn't carry a weapon ...perhaps to visit a friend in jail or maybe they restricted weapons at a hanging but once you left town you could carry. I don't see it has any bearing whatsoever.

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    IMO....all these Left Wing Legal Types are banning together.....and IMO.....it seems obvious this can only get uglier.

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    VIP Member Array Smitty901's Avatar
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    Quote Originally Posted by ctr View Post
    A man is educated in a public school system. The man obtains a college education. The same man pursues advanced degree in law school. Many years within the judicial system and he becomes a judge. Ignorant still is he of the most basic of rights or an American citizen.
    Your assuming they that is not more to it than lack of understanding. They understand full well what it says and means , they do like it there fore they will change it because they can. Your rights no madder what Amendment they come from are dependent on a few as 5 or 9 votes at anytime.
    Anytime 5 of 9 wish to apply a new meaning to and case they can. And not a darn thing you can do to stop it.
    Wonder how many regret their vote now?

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    I don't think this is a good case for the government to continue to push. The underlying facts are very narrowly drawn.

    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 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."
    Last edited by Rock and Glock; February 23rd, 2013 at 10:26 PM.

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    Licensed CC is relatively new to many states. I need only look at the situation in places where I have lived.
    IA, TX, OH. CC is new in each. There was no CC or very limited CC prior to recent years. NY, NJ, CT--- the same.

    I happen to like and approve of CC, but if it is not a right, I am happy that it is available where I do live now.

    It doesn't really matter if two circuit courts have held opposite. The Supremes don't necessarily need to reconcile
    the difference. The law can and often does vary by circuit. I think that is more common than many realize.

    I first learned about it on a tax matter when I moved from IA to OH. Certain income was exempt from taxation in
    one circuit but not the other. Eventually, I think things became uniform, but I don't know if that was due to a SC ruling
    or to changes in IRS regulations.
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    Senior Member Array sdprof's Avatar
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    Quote Originally Posted by linuss View Post
    Funny, the 7th Circuit days there Is, so this all but guarantees a trip to SCOTUS.

    Btw... You have to either allow concealed or open carry... Having a ban on both is a defacto ban on "bearing arms".
    Umm, like Illinois? And there's a ruling that their total ban is......UNCONSTITUTIONAL.

    The ruling in the OP sounds more like something that would have come out of the 9th Circus.
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    Colorado, except Denver and Breckenridge, is OC too. CC statewide with a license, OC with the two exceptions.

    On top of that, he's a non-resident.

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