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-   -   Supreme Court to decide on CC legality? (http://www.firearmstalk.com/forums/f97/supreme-court-decide-cc-legality-85157/)

blucoondawg 02-25-2013 07:14 PM

Supreme Court to decide on CC legality?
 
I just saw on Fox News that the Supreme Court is going to decide whether we have the right to carry concealed weapons outside the home, apparently the Fed court in Colorado said the 2A doesn't grant this right, and Fed court in Illinois decided it does fall under 2A and in New York they say you have to prove reason to need a permit. So now the high court is going to decide on the issue. Hopefully the court agrees with the decision in Illinois that keep and "bear" arms references to carrying loaded weapons outside the home otherwise there will be a huge blow dealt to our freedoms.

I personally don't see how it's any business of the Federal Govt to stick their nose into the issue, the larger and more corrupt the Fed becomes the more the need for State's Rights grows.

mountainman13 02-25-2013 07:27 PM

If this is true we are in serious trouble.

blucoondawg 02-25-2013 07:44 PM

I'm pretty sure it's true, here is the link to the Fox story, its is a video: http://video.foxnews.com/v/2188707945001/?playlist_id=928378949001
Found this on Facebook, its Denver Post article giving some info on the cases in CO and IL: http://www.denverpost.com/breakingnews/ci_22648641/federal-court-no-second-amendment-guarantee-concealed-carry

mountainman13 02-25-2013 07:48 PM

Not good. Not good at all.

CA357 02-25-2013 07:50 PM

To "bear" means to carry.

Molon Labe!

JWagner 02-25-2013 08:15 PM

It looks like they are supporting the Tenth Amendment; they will leave it up to the states to write the concealed carry laws. Which is nothing new.

7point62 02-25-2013 08:19 PM

In Florida alone there are more than a million people with concealed weapons licenses. That's just one state. Seems to me the issue's already been decided. If they now rule that concealed carry is unconstitutional then the mother of all class-action lawsuits gets filed against every state that tries to revoke CC licenses by license holders who will want to recoup all the money they spent on licensing fees.

blucoondawg 02-25-2013 08:23 PM

I don't really believe it will be a issue of whether or not cc is constitutional but rather whether cc is legal under 2a which would mean it would be legal throughout the nation, the challenge comes from a WA resident who applied for a CO cc permit and was denied as CO only issues to residents so he challenged based on 2A. I think the court will say States have the ability to decide, as it is now, not say CC is illegal.

locutus 02-26-2013 03:12 AM

The federal courts will eventually rule that the states cannot ban carry, but may impose "reasonable" regulation. And then other cases in the future will be needed to define "reasonable.

At least, that's my guess.

Jpyle 02-26-2013 03:41 AM

Quote:

Originally Posted by locutus (Post 1154590)
The federal courts will eventually rule that the states cannot ban carry, but may impose "reasonable" regulation. And then other cases in the future will be needed to define "reasonable.

At least, that's my guess.

They already have, the 7th Circuit ruled exactly that in December and affirmed it last week. Illinois has about 60 days left to enact a concealed carry law or it becomes a Constitution Carry state by default. I also believe that the Maryland decision last year struck down the "reasonable need" requirement in that state's law. We now have several different precedents set by the various Circuit Courts...add Heller and McDonald to the mix and it's increasingly apparent that SCOTUS needs to take the issue and the only real solution is incorporation of the 2A to the states which neither Heller nor McDonald has done.

The CO case, as stated, was a narrow decision on Constitutional Carry, the plaintiff sued because he was denied a CO CCW and there was no reciprocity with his resident state. The Courts ruling upheld the rights of the states to regulate who can carry a firearm within their borders...it was not necessarily determinitive of whether the 2A affords one the right to bear arms.

Problem is I do not trust the Roberts Court to do the right thing, not enough pure constitutional conservatives, hope I am wrong.


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