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Michigan court says Second Amendment protects open carry

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
http://www.volokh.com/2012/06/27/mi...nd-amendment-applies-to-open-carry-in-public/

SNIP

“On the other hand, Heller states that concealed weapons may be banned, but makes no such statement regarding openly carried arms. Indeed, Heller cites with approval two state cases that struck down laws prohibiting the public carrying of hand guns. The Second Amendment explicitly protects the right to ‘carry’ as well as the right to ‘keep’ arms. Likewise, the Michigan Constitution specifically allows citizens to ‘bear’ arms for self-defense. We therefore conclude that a total prohibition on the open carrying of a protected arm such as a taser or stun gun is unconstitutional.”
 

Shoobee

Regular Member
Joined
Apr 16, 2012
Messages
599
Location
CCCP (Calif)
http://www.volokh.com/2012/06/27/mi...nd-amendment-applies-to-open-carry-in-public/

SNIP

“On the other hand, Heller states that concealed weapons may be banned, but makes no such statement regarding openly carried arms. Indeed, Heller cites with approval two state cases that struck down laws prohibiting the public carrying of hand guns. The Second Amendment explicitly protects the right to ‘carry’ as well as the right to ‘keep’ arms. Likewise, the Michigan Constitution specifically allows citizens to ‘bear’ arms for self-defense. We therefore conclude that a total prohibition on the open carrying of a protected arm such as a taser or stun gun is unconstitutional.”

I am actually surprised that they did not also conclude with Ariz, Vt, and Wyo that the 2nd Amendment also protects concealed carry.

The Amendment says "to keep and bear" and nothing about bearing open-carry or concealed.
 
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