What if the Supreme Court ruled against CCW rights?

What if the Supreme Court ruled against CCW rights?

This is a discussion on What if the Supreme Court ruled against CCW rights? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I apologize if this has been asked before, but let's hypothetically assume the worst - the Supreme Court rules that our 2nd Amendment rights do ...

Page 1 of 4 1234 LastLast
Results 1 to 15 of 55
Like Tree72Likes

Thread: What if the Supreme Court ruled against CCW rights?

  1. #1
    Member Array PainCakesx's Avatar
    Join Date
    Mar 2011
    Location
    Oregon
    Posts
    96

    What if the Supreme Court ruled against CCW rights?

    I apologize if this has been asked before, but let's hypothetically assume the worst - the Supreme Court rules that our 2nd Amendment rights do not extend outside of our homes, and as such we don't have a constitutional right to carry a firearm.

    Is there any recourse, whatsoever, that can be taken in the unfortunate event of such a decision? Or are we essentially forced to submit to the decision and accept it? What would you suspect would happen in such an event nationally?

    I apologize if these answers are obvious, I'm admittedly am not a lawyer nor would I say that I'm an expert on such things.
    gatorbait51 likes this.


  2. #2
    VIP Member
    Array Mike1956's Avatar
    Join Date
    Sep 2011
    Location
    Marion County, Ohio
    Posts
    11,078
    In Ohio, concealed carry was against the law from 1859 until 2004.
    Hopyard and gatorbait51 like this.
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
    William T. Sherman

  3. #3
    Member Array PainCakesx's Avatar
    Join Date
    Mar 2011
    Location
    Oregon
    Posts
    96
    Yes, but attitudes towards CCW has largely changed, not to mention that there are tens of millions now who CCW that didn't before.
    gatorbait51 likes this.

  4. #4
    VIP Member
    Array Mike1956's Avatar
    Join Date
    Sep 2011
    Location
    Marion County, Ohio
    Posts
    11,078
    Quote Originally Posted by PainCakesx View Post
    Yes, but attitudes towards CCW has largely changed, not to mention that there are tens of millions now who CCW that didn't before.
    So you have probably answered your own questions.
    "If I had my choice I would kill every reporter in the world, but I am sure we would be getting reports from Hell before breakfast."
    William T. Sherman

  5. #5
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,720
    Quote Originally Posted by PainCakesx View Post
    I apologize if this has been asked before, but let's hypothetically assume the worst - the Supreme Court rules that our 2nd Amendment rights do not extend outside of our homes, and as such we don't have a constitutional right to carry a firearm.

    Is there any recourse, whatsoever, that can be taken in the unfortunate event of such a decision? Or are we essentially forced to submit to the decision and accept it? What would you suspect would happen in such an event nationally?

    I apologize if these answers are obvious, I'm admittedly am not a lawyer nor would I say that I'm an expert on such things.
    The recourse would be in the legislative bodies. The Supremes can not rule that concealed carry is not Constitutional. They could (but won't) uphold a state law forbidding CC outside the home. (IL ruling shows they won't go in that direction.)

    They can only rule that certain restrictions on CC outside the home are Constitutional. Your state legislature and Congress determine the restrictions... which is exactly how things sort of work right now.
    CWOUSCG likes this.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

  6. #6
    VIP Member Array Aceoky's Avatar
    Join Date
    Jan 2013
    Location
    USA
    Posts
    4,903
    Not to mention SCOTUS has made it clear it DOES extend outside the home - Bear= Carry - (see Heller)
    -------------------------------------------------------------------------------------------------
    In Gibson v. Commonwealth, 237 Ky. 33, 34 S.W.2d 936 (1936), the High Court stated:  [I]t is the tradition that a Kentuckian never runs.   He does not have to.

  7. #7
    VIP Member Array OutWestSystems's Avatar
    Join Date
    Apr 2013
    Location
    Colorado Springs, CO
    Posts
    2,171
    The Supreme Court does not make laws, they can not rule that CCW is illegal outside your home. Only the Fed (doubtful) or your state could make such a law. If your state did make that law, it would be up to the SCOTUS to say if it was Constitutional or not if it was challenged in court.

    So let's say they upheld the law. Your recourse would be move to a state where it was legal or vote out the morons that voted for the law.

  8. #8
    Member Array PainCakesx's Avatar
    Join Date
    Mar 2011
    Location
    Oregon
    Posts
    96
    I agree that it's unlikely that they would do this. But say, for instance, a pro-gun justice retired / died / was incapacitated in some way and an anti-gun justice were appointed in place.

    At any rate, it's simply a hypothetical question. I didn't mean that they ruled it illegal to carry, but simply states like NJ and MD did, in fact, have constitutional CCW policies.

    The ultimate question, I guess is, is it bascially the end of discussion, legally speaking, if the SC rules in such a manner? Is there any method of reversing the decision, or are we beholden to the mercy of the SC at that point?

  9. #9
    Senior Member Array CWOUSCG's Avatar
    Join Date
    Feb 2014
    Location
    Left Coast
    Posts
    934
    Quote Originally Posted by PainCakesx View Post
    Is there any recourse, whatsoever, that can be taken in the unfortunate event of such a decision? Or are we essentially forced to submit to the decision and accept it? What would you suspect would happen in such an event nationally?
    The recourse would be through the legislative process and/or Constitutional amendment. See the 21st Amendment.

  10. #10
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,720
    Quote Originally Posted by PainCakesx View Post
    I agree that it's unlikely that they would do this. But say, for instance, a pro-gun justice retired / died / was incapacitated in some way and an anti-gun justice were appointed in place.

    At any rate, it's simply a hypothetical question. I didn't mean that they ruled it illegal to carry, but simply states like NJ and MD did, in fact, have constitutional CCW policies.

    The ultimate question, I guess is, is it bascially the end of discussion, legally speaking, if the SC rules in such a manner? Is there any method of reversing the decision, or are we beholden to the mercy of the SC at that point?
    Yes. The recourse would be in the legislative bodies.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

  11. #11
    VIP Member
    Array RickyD's Avatar
    Join Date
    Jan 2013
    Location
    North Georgia
    Posts
    2,105
    Quote Originally Posted by PainCakesx View Post
    I agree that it's unlikely that they would do this. But say, for instance, a pro-gun justice retired / died / was incapacitated in some way and an anti-gun justice were appointed in place.

    At any rate, it's simply a hypothetical question. I didn't mean that they ruled it illegal to carry, but simply states like NJ and MD did, in fact, have constitutional CCW policies.
    As noted above, the SCOTUS cannot make law, they can only adjudicate law. Consequently, if you had a significant move in the court you could have various states or even the federal government try to pass laws restricting CC. The appropriate legislatures (state or federal) would have to initiate and pass a law first, the law would be challenged and could ultimately end up at the SCOTUS. Of course, this all depends on those legislatures actually taking action to pass anti-CC laws.
    Centexshooter likes this.

  12. #12
    Senior Member Array SgtRick's Avatar
    Join Date
    Mar 2012
    Location
    Republic of Texas, Afghanistan
    Posts
    516
    Instant felon, just add ammo.

    USMC Shooting Team
    Distinguished Pistol Shot Badge - 1986
    Texas CHL since 1996.

    Iraq 2004 to 2011.
    Afghanistan 2012 to present.

  13. #13
    Distinguished Member
    Array molleur's Avatar
    Join Date
    Nov 2011
    Location
    palm bay, florida
    Posts
    1,426
    There would be a lot of criminals around here...
    "Don't shout for help at night, you may wake your neighbors"

  14. #14
    Senior Member Array CommonCents's Avatar
    Join Date
    Feb 2014
    Location
    MN
    Posts
    946
    One or two justice changes on the SCOTUS and it could very well happen. We'd find the entire US in the CT type situation.

    Look at what happened when the SCOTUS said obamacare was a tax to be upheld, when it was billed as not a tax all along, instead of rejecting/remanding the case back as unconstitutional.

  15. #15
    Distinguished Member Array Exacto's Avatar
    Join Date
    Jan 2013
    Location
    Virginia
    Posts
    1,630
    Why would a well regulated militia, the right of the people to keep and bear arms, necessary for the defense of a free state, keep their guns in the house?
    StormRhydr, Ghost1958 and Aceoky like this.
    Let your plans be dark and impenetrable as night, and when you move, fall like a thunder bolt...... Sun Tzu.

    The supreme art of war is to defeat the enemy without fighting........ Sun Tzu.

Page 1 of 4 1234 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •