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Thread: Constitutionality of CC

  1. #1
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    Constitutionality of CC

    I know this is an OC forum, however does any one know of any pending cases in any appeals court in Virginia regarding the Constitutionality of CC? According to this article in Forbes, there is.

    http://www.forbes.com/sites/abrambro...lic-attention/

    I thought it might be cause for concern.

  2. #2
    Regular Member TFred's Avatar
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    The claim in that article doesn't even make sense:

    Two federal appeals courts last week reviewed the legality behind concealed carry laws. In Denver, the court decided that concealed-carry firearms aren’t protected by the Second Amendment. A thousand miles away in Chicago, the court reached a different decision. It declined to reconsider a ruling that found that state’s ban on concealed carry unconstitutional.

    These two courts aren’t the first to mull this issue. A New York federal appeals court last November upheld a state law that required concealed-carry applicants to prove “proper cause” to obtain concealed-carry licenses. Looking ahead, appeals courts in California and Virginia are set to review the issue.

    Virginia is not a "may issue" state, one does not have to show any reason why they should be granted a CHP. It makes no sense that this issue would be up for review in Virginia.

    The ruling in Denver was puzzling, so I hunted down the actual opinion. Denver has a city ordinance against open carry without a concealed permit - open carry without a permit is apparently legal everywhere else in Colorado. The case at hand specifically did not address the Denver ordinance, but simply ruled that government regulation of concealed carry is legal. Apparently the plaintiff went out of his way to emphasize that he was not contesting the Denver ordinance, which seems pretty dumb to me, as it was even noted in the case opinion that the confluence of the two laws were what left him unarmed in Denver, but he insisted on only fighting the non-resident prohibition on concealed permits. I suspect this case will end up going higher and may fall in with other cases that are eventually going to decide that carrying in some form outside the home is a protected right. Have to wait and see on how that turns out.

    TFred

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    Thanks for the input. I was at work earlier and didn't have time to look in to it deeply, but I didn't think it made a whole lot of sense for Virginia, and I hadn't heard anything to this effect.

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    Regular Member Thundar's Avatar
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    http://www.ca4.uscourts.gov/Opinions...d/115084.P.pdf

    Maybe this case. It happened in North Carolina but the appeal was heard in Richmond, VA.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

  5. #5
    Regular Member TFred's Avatar
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    Quote Originally Posted by Thundar View Post
    http://www.ca4.uscourts.gov/Opinions...d/115084.P.pdf

    Maybe this case. It happened in North Carolina but the appeal was heard in Richmond, VA.
    Ah, yes, "UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT".

    That would be the one example that would make sense, a Federal review of a case from a nearby state. I should have mentioned that in my first post as the only reasonable explanation.

    Thanks for digging that up!

    TFred

    ETA: Turns out this is probably not the case mentioned in the article, although this is an EXCELLENT case, one so worth reading, I am going to post a new thread about it. This one is about an illegal seizure by the NC police, which resulted in a conviction for illegal possession of a firearm by a convicted felon. This linked opinion overturns the conviction.

    ETA(2): Thundar beat me to it, but worth the read.
    Last edited by TFred; 02-26-2013 at 11:22 PM.

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