U.S. Circuit Court Of Appeals Rules: No Second Amendment Right To Carry Concealed Firearms

[ashling]

http://www.addictinginfo.org/2013/02/25/u-s-circuit-court-of-appeals-rules-no-second-amendment-right-to-carry-concealed-firearms/

Business Insider reports that in Peterson v. Martinez, a Washington State resident challenged Colorado’s concealed carry law, which restricts Concealed Handgun Licenses (CHL) to residents of Colorado. The state’s law allows people to have firearms in their homes, places of business, and vehicles, but to carry a concealed firearm in public places, residents of the state must apply with their local sheriff for a permit; the law allows “each sheriff to implement and administer.” (Source)

Because of the law, Peterson, a non-resident, was denied a CHL and claims that he is left “completely disarmed.” He took his case to court in an attempt to have the law overturned. (Source)

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U.S. Circuit Court Of Appeals Rules: No Second Amendment Right To Carry Concealed Firearms
2013/02/25
By Tiffany Willis
Concealed carry in all its glory… @OpenCongress

Concealed carry in all its glory… @OpenCongress

In a ruling that is going to shake up the worlds of gun lovers and the NRA, the Tenth U.S. Circuit Court of Appeals has ruled that the Second Amendment states no right to carry a concealed firearm in public. The broad wording of the ruling sets a far-reaching precedent against carrying a firearm outside the home.

Business Insider reports that in Peterson v. Martinez, a Washington State resident challenged Colorado’s concealed carry law, which restricts Concealed Handgun Licenses (CHL) to residents of Colorado. The state’s law allows people to have firearms in their homes, places of business, and vehicles, but to carry a concealed firearm in public places, residents of the state must apply with their local sheriff for a permit; the law allows “each sheriff to implement and administer.” (Source)

Because of the law, Peterson, a non-resident, was denied a CHL and claims that he is left “completely disarmed.” He took his case to court in an attempt to have the law overturned. (Source)

Sadly for Peterson, his plan backfired, and he had a little help from friends…and took them down with him.



courtcase


The NRA filed a brief supporting Peterson. Their much-used strategy, that of eliminating gun-safety laws one at a time, fell flat because this particular case’s narrow focus was on the issuance of permits for non-residents. What has resulted is that a precedent has now been set that will affect future federal court rulings and will have far-reaching ramifications. Peterson’s little quest to carry a handgun “blew up into an expansive ruling limiting gun rights.” (Source)

Nice.


The court:

We first ask whether the Second Amendment provides the right to carry a concealed firearm. We conclude that it does not.

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. (Source)

The court continued by quoting the Supreme Court “like most rights, the right secured by the Second Amendment is not unlimited.”

[pipoman]

1. Nothing new here

is and has been a state issue..left to the states to regulate.

[kestrel91316]

2. Good. If it's all about our "well-regulated militia", there is no need

whatsoever for hiding weapons on one's person. Sneaking isn't appropriate.

[pugetres]

3. NRA shot themselves in the foot?

If states were able to share the information in their databases with other states, would "non-resident" concealed carry permits be a possibility?

Guess we will never know considering how hard the NRA fights to ensure that states can't share that information.