February 24, 2013, 07:42 PM | #1 |
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No right to conceal
http://www.nytimes.com/2013/02/24/us...ml?ref=us&_r=0
10 th Circuit - says no. Does this run right into Posner's decision - and thus guarantee a SCOTUS look? Got to go, so can't say more. Glenn
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February 24, 2013, 07:47 PM | #2 | |
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From the article
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February 24, 2013, 08:29 PM | #3 |
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Ohio's state supreme court and one of the western states (Utah? Idaho? Al Norris knows) have both rendered decisions, based on the language of their respective state constitutions, that a right is a right. If a legislature has the power to "regulate" the mode of carry, it does not have the power to "prohibit" carry in the face os a constitutional guarantee of a right TO bear arms. Thus, if a legislature chooses to regulate the mode of carry by disallowing concealed carry, they may do so BUT open carry then must be allowed in order to honor the constitutional right.
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February 24, 2013, 08:41 PM | #4 |
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It's been a while since I listened to the orals from this case, but I seem to recall clear signals from the court that it was being backed into a corner with regard to the outcome here. They almost begged the plaintiff to challenge the open carry statute.
Now, that approach may be part of a larger litigation strategy, but I doubt it. The plaintiff appears to have attempted to force the hand of the court to go where it would not go. If true, this was a gross miscalculation. It may be best at this point to wait for controlling case with a better strategy to prevail over the same issue. At the same time, I understand the strategy of keeping this case going, if for no other reason, then to allow a better strategy to prevail elsewhere. |
February 24, 2013, 08:49 PM | #5 |
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BTW, any state that makes you get a concealed carry permit is saying that you have no right to conceal. It's a privilege controlled by the state.
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February 24, 2013, 09:02 PM | #6 | |
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Quote:
Regardless of all that... Glenn? We are discussing this here: Peterson v LaCabe .. 10th Circuit LOSS ! Oops, didn't see it in the rush this morning. It was a new story on something or other. Duh - on my part. Glenn Last edited by Glenn E. Meyer; February 25, 2013 at 05:29 PM. |
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