Mike
Site Co-Founder
imported post
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-1521.pdf
SNIP
MR. FELDMAN: Well, it's just that the end -- I have two points I would like to make about that. One is the analysis the Court used in Heller. In Heller, what the Court said is: This is not the time to balance things; you cannot ban handguns.
Now, there may be local -- there have been local jurisdictions before and there are now ones where they feel allowing some firearms, but banning handguns, is the best way to achieve public safety and to increase the zone of ordered liberty for their people. And those things would be apparently impermissible under Heller.
But even more than that, Heller construed the Second Amendment's "bear" -- the word "bear," "to keep and bear arms" -- to mean the same thing as "carry" in this Court's case in Muscarello much later. And to carry -- generally to carry.
Many -- there is a long history of regulation of not just concealed carry, as the Court did recognize in Heller, but of ban -- of banning open carry in a variety of jurisdictions. Again, generally, it's someplace that is -- it has a particular problem; it's a city or something like that.
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/08-1521.pdf
SNIP
MR. FELDMAN: Well, it's just that the end -- I have two points I would like to make about that. One is the analysis the Court used in Heller. In Heller, what the Court said is: This is not the time to balance things; you cannot ban handguns.
Now, there may be local -- there have been local jurisdictions before and there are now ones where they feel allowing some firearms, but banning handguns, is the best way to achieve public safety and to increase the zone of ordered liberty for their people. And those things would be apparently impermissible under Heller.
But even more than that, Heller construed the Second Amendment's "bear" -- the word "bear," "to keep and bear arms" -- to mean the same thing as "carry" in this Court's case in Muscarello much later. And to carry -- generally to carry.
Many -- there is a long history of regulation of not just concealed carry, as the Court did recognize in Heller, but of ban -- of banning open carry in a variety of jurisdictions. Again, generally, it's someplace that is -- it has a particular problem; it's a city or something like that.