Stun-Gun Rights Backed by Unanimous U.S. Supreme Court

OC for ME · Mar 22, 2016

WalkingWolf said:
Yes, NC unfortunately. Because NC makes no distinction between loaded, and unloaded. Unless a case has a lock on it it provides access to the carrier which without a license is a concealed weapons offense. I put my long guns in a case in the vehicle to protect them from damage, if I carry them in public they are uncased.

In Illinois it is the reverse, any gun can be cased unloaded and is legal carry, in fact the only way to carry except for a CC permit.

I recall NC law now that you mention it. Being from SC and having hunted in NC I've carried my soft case w/shoulder strap, unlocked, at the c-store out in the NC sticks on hunts. If a local cop/deputy asked me a question all they wanted answered was "where ya huntin at" and "whatcha huntin." It was more of a "wish I was huntin too" kinda questioning.

Thanks for reminding me, it has been quite a while since my last huntin trip in NC.

My response to pkbites is in regards to his comment about properly holstered firearms and his concerns regarding defining what a proper holster is. A proper holster (or closed case) renders the firearm in as safe a condition as possible regarding the prevention of inadvertent trigger manipulation while being carried. Thus my use of OCing a "properly holstered handgun" is what our fellow citizens need to see us doing to normalize OC by non LE.

Thanks again for the reminder.

WalkingWolf · Mar 22, 2016

OC for ME said:
I recall NC law now that you mention it. Being from SC and having hunted in NC I've carried my soft case w/shoulder strap, unlocked, at the c-store out in the NC sticks on hunts. If a local cop/deputy asked me a question all they wanted answered was "where ya huntin at" and "whatcha huntin." It was more of a "wish I was huntin too" kinda questioning.

Thanks for reminding me, it has been quite a while since my last huntin trip in NC.

My response to pkbites is in regards to his comment about properly holstered firearms and his concerns regarding defining what a proper holster is. A proper holster (or closed case) renders the firearm in as safe a condition as possible regarding the prevention of inadvertent trigger manipulation while being carried. Thus my use of OCing a "properly holstered handgun" is what our fellow citizens need to see us doing to normalize OC by non LE.

Thanks again for the reminder.

If you can lock the trigger with the gun in the case then there is no immediate access, and it would be legal. NC is based on immediate access, somehow that is confusing because an unloaded gun is not immediately accessible. But those are the rules we live with here. Personally I have seen hunters around here LG OC when entering a business in hunting season. It is only around the Yankees in places like FayettNam, Cary, Raleigh, Chapel Hill where the Yuppies go into a state of panic.

utbagpiper · Mar 22, 2016

BB62 said:
- and therefore in disagreement with utbagpiper, I have no praise for the liberal wing of the court just because they didn't speak up this time.

I'm afraid less disagreement than it might have appeared at first. I'm having to modify my position after doing a little research on "per curium" decisions. I read "The Supreme Court’s misuse of per curiam opinions" by Ira Robbins.

He argues that per curium opinions should really only be used for that are completely cut and dried, well settled, or procedural. Since I don't think 2nd amendment law yet fits into that case for the American Judiciary (as opposed to what we here would argue should be the case), that leads us to what Robbins calls the misuse of such decisions.

The misuse of per curium, he argues, denies accountability and prevents the advancement of law.

Individually attributed opinions and publicly recorded votes are the primary instruments for holding appellate judges and Justices accountable, because those opinions are the sole chronicle of their work. The signed opinion provides the public with a window into the inner workings of the courts that fosters judicial accountability through an environment of individual responsibility. As then-Circuit Judge Ruth Bader Ginsburg once remarked, “Public accountability through the disclosure of votes and opinion authors puts the judge’s conscience and reputation on the line.” Thomas Jefferson wrote to the same effect: “The practice [of writing per curiam opinions] is certainly convenient for the lazy, the modest, & the incompetent.”

...

Knowledge of an opinion’s author provides a useful guide for attorneys, allowing them to sort through an array of decisions and examine particular opinions for hints regarding a Justice’s jurisprudential or philosophical leanings on specific issues. Use of the per curiam strips the opinion of this important tool that judges, attorneys, and the public rely on in analyzing and comprehending court decisions.

So while the decision is a win for self defense and the liberal members did not vote to over-turn the Heller and McDonald precedence, neither did they personally sign on to any particulars.

Charles

pkbites · Mar 22, 2016

OC for ME said:
Thus my use of OCing a "properly holstered handgun" is what our fellow citizens need to see us doing to normalize OC by non LE.

In other words we need to let the perceptions of the ignorant define our rights? No thank you.

I would prefer to use the term "properly carried' and omit the holster part, simply because using the term holster invites scrutiny from those that have no idea what they're talking about.

THIS could be described as properly holstered. You really want to stick a shackle around the trigger of a loaded weapon? But it's what some people are required to do because of the decisions of ignorant people.

OC for ME · Mar 23, 2016

pkbites said:
In other words we need to let the perceptions of the ignorant define our rights? No thank you.

I would prefer to use the term "properly carried' and omit the holster part, simply because using the term holster invites scrutiny from those that have no idea what they're talking about.

THIS could be described as properly holstered. You really want to stick a shackle around the trigger of a loaded weapon? But it's what some people are required to do because of the decisions of ignorant people.

No, those are your words not mine.

A properly holstered handgun is seen by the citizenry every time they see a cop, every cop me thinks, in uniform. A "properly carried" firearm may be Mexican carry for some folks, or tying a string to the firearm and looped around the neck for others. Shoved in a back pocket for others still.

It is unlikely that a ignorant citizen would believe that a handgun in a holster is being carried unsafely or improperly. It is likely that a ignorant citizen would believe that Mexican carry or a string is the proper way to carry, unless the ignorant citizen is partial to Mexican carry or a string.

Stun-Gun Rights Backed by Unanimous U.S. Supreme Court

OC for ME

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WalkingWolf

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utbagpiper

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pkbites

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OC for ME

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