Thread: CWP
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Old January 24, 2010, 03:00 PM   #39
44 AMP
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Join Date: March 11, 2006
Location: Upper US
Posts: 28,835
As always, the devil is in the details

First, to the OP's contention that we are having to pay for our rights. Got news for ya, we always do, and always have. With our taxes, at the very least. With special fees and charges sometimes, and in extreme situations, with the blood of patriots. I don't see that changing anytime soon.

The 2nd Amendment says we have the right to keep and bear arms. It does not say we have the right to carry concealed. It does not say handguns. The recent Supreme Court decision (Heller vs DC) upheld the fundamental right to own firearms for personal defense, and government's authority to regulate them, but not to outright prohibit arms "in common use".

So, each state has the authority to regulate the carry of arms as they see fit. As long as you are provided some means to legally own and carry some arms, your rights are not denied, only regulated.

If the law allows you to carry a slung rifle down the street (while not commonly done, its not legally prohibited), but requires you to get a permit and pay to carry a handgun concealed, they are not (in the eyes of the courts) denying you your rights.

Its a fine line, but it is a line, in law.

As to a loaded gun in a car, check carefully the laws where you are. Some places consider a gun "loaded" even when the chamber is empty, Some places consider a gun loaded if there is a loaded magazine "accessible", and it need not be in the gun to meet their definition of loaded.
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