Circuit Court: 'Unsettled' if 2nd Amendment Applies Outside of Home

[8ball]

Regardless of what the 2A says, some of these circuit courts will not acknowledge the right to keep and bear arms until the SCOTUS spells it out in black and white like they did with the Keller and McDonald decisions. The good news is there are a couple of good cases making their way that might just do that. The bad news is that it's still going to take some time.

 

[One-Eyed Ross]

For me, the problem with the instance case is that this court was not prepared to say that the right could be exercised without some justification. Saying the right exists "in the home" but not outside of the home flies in the face of the Heller decisions verdict that the right to defend oneself is a "fundamental" human right. Why would I have to justify a "fundamental" right?

"A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution." (Murdock v Pennsylvania, 319 US 105, 1943) For the state to say that a person must beg for permission to exercise a right and pay fees just seems wrong, to me. Same with NY and their draconian laws.

 

[Father of four]

Regardless of what the 2A says, some of these circuit courts will not acknowledge the right to keep and bear arms until the SCOTUS spells it out in black and white like they did with the Keller and McDonald decisions. The good news is there are a couple of good cases making their way that might just do that. The bad news is that it's still going to take some time.

Our 2nd Amendment right, as with other rights should not be determined by the courts opinion. (Unless a person had committed a crime.) Thinking that the courts must rule first is the problem. The Founding Fathers did no say that the courts needed to decide if the citizens indeed have a right or not. The citizens have their rights beforehand, without any government oversight. That is a God given right. Not a court permission.

 

[Father of four]

What we need the courts to do is to make sure that laws, rules, regulation and any legislation in general does not go against the citizens rights. Especially when the government has an interest. The citizens rights are to be held above the states/government interest.

 

[PiratePast40]

Or a noose.

Sorry, you can't use that term anymore. Haven't you seen all the racist western movies. If you'll notice on Hang 'Em High, Clint Eastwood wasn't a white man. Same with each and every one of the old westerns.

Oh wait - that's not true at all. But the liberal courts told us that was the case! I'm so confused.

 

[ZA_Survivalist]

A revolution is coming. These "federal powers" these judicial "unbiased" appointed judges and all the minions in-between will be swept away when patriots take this country back.
Sure, we've got some ground we're sure to lose in the coming years.. But that critical point where our heels are at the edge of the cliff is fast upon us.
Then and only then will we show our teeth and our total strength.

These corrupt powers underestimate us and our abilities and that in and of itself is our greatest secret weapon. It'll be unleashed when necessary, and sadly that point is fast approaching our line in the sand.

What we need to do on our part is continue on the fight with communicating our concerns to our reps as well as closing the small divisions we have amongst ourselves here in the firearms community.

 

[Will_Power]

So... can I at least carry a musket or blunderbuss outside of the home, since that's all the 2A applies to?

 

[unklekippy]

So... can I at least carry a musket or blunderbuss outside of the home, since that's all the 2A applies to?

If the Second doesn't apply to current arms, how could the First apply to the internet?

 

[mancat]

A revolution is coming. These "federal powers" these judicial "unbiased" appointed judges and all the minions in-between will be swept away when patriots take this country back.

And replace them with whom? Just curious.

 

[ZA_Survivalist]

And replace them with whom? Just curious.

Thats yet to be seen. In dire times, those fit to lead or best represent the true America and patriots will answer the call.
Perhaps you? Perhaps me? Perhaps half the guys here on NWFA?

 

[deen_ad]

So... can I at least carry a musket or blunderbuss outside of the home, since that's all the 2A applies to?

Wrong. It applies to anything the armed forces has in it's inventory, up to and including fully automatic weapons.


Deen
NRA Life Member, Benefactor Level
Defender of Freedom Award
Second Amendment Foundation Member
Washington Arms Collectors Member
Arms Collectors of SW Washington Member

"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"

 

[44mag2ndamend]

Look at what the states have done to driving. Days ago if you could afford a car the state pretty much gave you a license to drive it. Now it is a "driving privilege".

Due in fact because the state is charged or duty to maintain the public roadway systems. So if I look at it this way I do not have a right to have a safe existence in the future due to someone else controlling the lands or properties I pass through.

I am sure the legalities are very much defined in a manner of approval, but these types of things have to stop.

Bullschwaky!

 

[deen_ad]

Does the 1st Amendment apply outside your home? If so, then so do all the rest!!


Deen
NRA Life Member, Benefactor Level
Defender of Freedom Award
Second Amendment Foundation Member
Washington Arms Collectors Member
Arms Collectors of SW Washington Member

"A gun is like a parachute. If you need one and don't have it, you'll probably never need one again!"