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Constitutionality of CC

TFred

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Oct 13, 2008
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Most historic town in, Virginia, USA
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
 

Justine

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Aug 17, 2012
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Cheyenne, WY
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.
 

TFred

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Most historic town in, Virginia, USA
http://www.ca4.uscourts.gov/Opinions/Published/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.
 
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