The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Closed Thread
 
Thread Tools
Old February 24, 2013, 07:42 PM   #1
Glenn E. Meyer
Staff
 
Join Date: November 17, 2000
Posts: 15,522
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
__________________
NRA, TSRA, IDPA, NTI, Polite Soc.
http://www.teddytactical.com/archive...05_Feature.htm
Being an Academic Shooter
http://www.teddytactical.com/archive...11_Feature.htm
Being an Active Shooter
Glenn E. Meyer is offline  
Old February 24, 2013, 07:47 PM   #2
harrys ghost
Member
 
Join Date: January 21, 2005
Location: Minnesota
Posts: 67
From the article

Quote:
In its ruling, the three-judge panel cited a Supreme Court ruling that “the right of the people to keep and bear arms is not infringed by laws prohibiting the carrying of concealed weapons.”
Makes sense to me.
harrys ghost is offline  
Old February 24, 2013, 08:29 PM   #3
Aguila Blanca
Senior Member
 
Join Date: September 25, 2008
Location: CONUS
Posts: 6,188
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.
Aguila Blanca is online now  
Old February 24, 2013, 08:41 PM   #4
maestro pistolero
Senior Member
 
Join Date: August 16, 2007
Posts: 2,068
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.
maestro pistolero is offline  
Old February 24, 2013, 08:49 PM   #5
tomrkba
Senior Member
 
Join Date: November 29, 2011
Posts: 602
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.
tomrkba is offline  
Old February 24, 2013, 09:02 PM   #6
Al Norris
Staff
 
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,298
Quote:
Originally Posted by tomrkba
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.
No. Not really, tomrkba. If the State has no law pertaining to openly carrying and only statutes for concealed carry, that falls right in line with the cases that Scalia used to refer to valid constitutional restrictions.

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
__________________
National listings of the Current 2A Cases.

Last edited by Glenn E. Meyer; February 25, 2013 at 05:29 PM.
Al Norris is offline  
Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 07:46 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.08729 seconds with 7 queries