No constitutional right to carry a hidden gun in public

[Decker]

Federal judge rules against Calif. gun advocates - FoxNews.com

Just another reason to love California, eh?

-d

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[MikeSettles]

This, I'm sure, will head to the Ninth Circuit, which august panel might rule either way.

The way it will work out is probably this: State legislature passes the bill which prevents open carry; testimony shows that it is almost impossible to get a concealed carry license; higher court rules that Kalifornia fails on "strict scrutiny"; judge's decision on Concealed Carry is struck down, as is the state law which two combined together prevent law-abiding citizens from executing their constitutional right.

I Hope!

 

[wyecoyote]

I belive the ruling follows previous rulings in California in that the courts ruled that May Issue is legal since Open Carry is legal. Therefore, ones right to bear arms is not infringed. That is what I get out of reading some of the posts concerning the ruling and prior rulings. While yes if Open Carry is struck down as illegal then they could sue to get Shall Issue. Since then the right to bear arms would be infringed.

 

[pchewn]

It wasn't clear from the article WHICH constitution they are talking about: The US, or California? I know that in some states the state Constitution specifically mentions concealment -- and in others it does not. That is, some state Constitutions give the right to bear arms EXCEPT for concealed arms.

 

[MikeSettles]

If I remember correctly, Kalifornia is one of the few states which do NOT have a constitutional corollary to the US 2A.

44 others do, including Washington and Oregon.

Cheers!

 

[SnackCracker]

I belive the ruling follows previous rulings in California in that the courts ruled that May Issue is legal since Open Carry is legal. Therefore, ones right to bear arms is not infringed. That is what I get out of reading some of the posts concerning the ruling and prior rulings. While yes if Open Carry is struck down as illegal then they could sue to get Shall Issue. Since then the right to bear arms would be infringed.

The problem with that argument is that 'Open Carry" is actually only.legal if it is "Unloaded Open Carry". If it is unloaded, then can it actually be considered a functional "arm". Since it isn't legal to open carry a fully functional arm, I would arrgue that my right to bear arms has in fact been infringed. An inoperational firearm is just a piece of metal - no different than a rock, book, block of wood, etc. It needs ammunition to to function as a weapon or defensive arm.



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[MikeSettles]

It's also true that Open Carry only applies to unincorporated areas and certain municipalities which allow it.

So, if you can't openly carry, and you can't get a CCL, what are your (legal) recourses?

 

[optiontrigger]

I like the way it says that permits are limited to those that can demonstrate that they've been victims of a violent crime. As usual, that screwed up state wants everyone to be a victim and dependent on government.

 

[sigman]

It's also true that Open Carry only applies to unincorporated areas and certain municipalities which allow it.

So, if you can't openly carry, and you can't get a CCL, what are your (legal) recourses?

To get mugged by all the criminials that DON"T follow the laws in the first place and hope you survive to call 911.

 

[MikeSettles]

Oh yeah: To your prospective mugger; "Stop (holding up your cell phone)! I'm Calling 911!"

 

[jvbutter]

I belive the ruling follows previous rulings in California in that the courts ruled that May Issue is legal since Open Carry is legal. Therefore, ones right to bear arms is not infringed.

more legal crap... I guess founding fathers should have been more clear... "the right to bear LOADED arms"

 

[AMProducts]

Hi guys, well, I live in Southern California, and have my WA permit and my Utah Permit, and still can't even get the local LE to look at my paperwork, keeps getting round-filed. I would sue, but I'm leaving, taxes here suck anyways.

But here's the deal with OC in california. You cannot carry a loaded firearm on your person because it's considered "unsafe transport" which is distinct and different from "bearing arms" apparently. A lot of this stuff stems from the 1960's when the black panthers stormed Sacramento, running around with loaded rifles, while probably even before that, that shut down all the open carry in the state under a variety of different and overlapping bills.

I know a lot of people focus on the somewhat draconian gun laws we have in this state and talk about how much it sucks, that's just the start of problems down here. You really wanna see a mess, start looking at our tax codes.

 

[AMProducts]

I definitely think our founding fathers saw the current state of affairs, and assumed we wouldn't stand for it. Seems to bear repeating, our republic stands on three boxes, the soap box, the ballot box, and the cartridge box. If any of those are taken away, we are on the road to tyranny.

 

[CEF1959]

Uh, cartridge boxes, like soap boxes and ballot boxes, are not really concealable. This story is about concealed carry.

 

[jvbutter]

im guessing he was refering to people speaking out in different ways about CC...

 

[Stomper]

I definitely think our founding fathers saw the current state of affairs, and assumed we wouldn't stand for it. Seems to bear repeating, our republic stands on three boxes, the soap box, the ballot box, and the cartridge box. If any of those are taken away, we are on the road to tyranny.

You forgot the Bread Box... an empty stomach is a powerful motivator as well.

 

[MikeSettles]

While several states' constitutions do have a prohibition against "furtive" carry, most do not. Historically, "Gentlemen" and "Ladies" in the cities of the late 19th century would not leave their abodes without their pocket- or purse pistol. This at a time when city constables were not usually armed. Citizens were expected to, and did come to the aid of the police, especially in Britain.

 

[Stomper]

I'd assist an LEO in need in a heartbeat... use of force, or otherwise.

 

[gearhead]

more legal crap... I guess founding fathers should have been more clear... "the right to bear LOADED arms"

Personally, I think "shall not be infringed" is about as clear as it gets. All laws to the contrary are unconstitutional, no matter how you spin it.

 

[Will_Power]

And this, gentlemen, is yet another reason why I never, ever will live in California.