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Thread: The Firearms Lawyer writes about OC.....

  1. #1
    Campaign Veteran gogodawgs's Avatar
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    The Firearms Lawyer writes about OC.....

    STORY

    Does the Second Amendment provide a right to carry a gun?

    The South King Fire and Rescue commissioners recently confronted the issue of whether Washington state law determines who can carry on SKFR property. Since the courts may eventually decide the issue of what the Second Amendment says on the subject of wearing guns in public, it is interesting to anticipate how the U.S. Supreme Court might interpret claims that the Constitution provides a right to carry a gun.

    The court has already ruled that the right to keep and bear arms means that the federal government should enforce Second Amendment rights against state governments that unduly restrict people from exercising such rights. Keep in mind that bearing arms means to carry them about in public.

    Nevertheless, the court commented in the landmark case of DC vs. Heller that states can impose reasonable restrictions on our firearms rights. Thus, a convicted felon or individual that has been adjudicated as a danger to self or others, for example, will be deprived of the right to own firearms.

    Most states allow open carry. But openly carrying a gun can alarm some people. In the 1994 case of State vs. Spencer, a man was carrying an AK47 as he walked along Highway 99 just north of Federal Way. The Washington Court of Appeals held that the circumstances amounted to the crime of display with the intent to intimidate. So the court might rule that a consensus exists in favor of carrying concealed.

    Every state except Illinois and Wisconsin has laws providing for some kind of concealed carry. This raises the issue of whether the court might find that a consensus has developed in favor of concealed carry.

    Most states outlawed concealed carry in times past. The national trend toward concealed carry that now prevails in most states started in the 1970s. The Texas legislature only started allowing concealed carry in 1995, even though Texans had carried openly before the days of the Alamo. The fact that concealed carry is a relatively modern innovation may be a strong argument against concealed carry as an inalienable right that cannot be restricted by state governments.

    One writer has suggested that many Southern states outlawed concealed carry because of the harm done to unsuspecting aggressors who were merely trying to avenge insults to their Southern sense of honor. The Southern code of honor looked back to the borderlands of Northern England and the Scottish Highlands where tolerating insults often resulted in brutal depredations.

    The tradition of dueling was so ingrained in Southern culture that concealed firearms invited provocations that often resulted in fights with an unarmed assailant being shot, gutted or cudgeled to death during encounters that often began with an offer to engage in fisticuffs.

    Citizens carrying concealed weapons were viewed as disreputable sneaks and villains during the early days of our republic. This may lead the court to decide that it is unlawful for the states to restrict the open bearing of arms, but that restrictions on concealed carry are a traditional exercise of the police power; i.e., within the reasonable authority of the states.

    Observers have witnessed the spectacle of openly armed protestors descending on local Starbucks stores and, more recently, appearing sans shooting irons at a meeting of the South King Fire and Rescue board of commissioners. Openly wearing guns reminds the public that armed citizens deter violent criminals and that unexercised rights quickly wither on the vine. There may come a time when openly displaying guns becomes as natural as wearing a wristwatch. It all depends on knowing the time and the seasons.

    Federal Way Mirror The Firearms Lawyer Mark Knapp can be reached at knapp.m@comcast.net.
    Live Free or Die!

  2. #2
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    VERY tasteful actually! Thanks for posting Nick!

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    Regular Member tombrewster421's Avatar
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    Good article. I hope he's right about hid predictions.
    Guns don't kill people, bullets do!

  4. #4
    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by Goose View Post
    VERY tasteful actually! Thanks for posting Nick!
    Quote Originally Posted by tombrewster421 View Post
    Good article. I hope he's right about hid predictions.
    Make sure you read my comments on the Mirror website. I found it necessary to correct him about a couple of things. All in all Mark is on our side, but well he is a licensed attorney....
    Live Free or Die!

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    Quote Originally Posted by gogodawgs View Post
    Make sure you read my comments on the Mirror website. I found it necessary to correct him about a couple of things. All in all Mark is on our side, but well he is a licensed attorney....
    You made some excellent points!
    "If you don't want to be shorn, don't be sheep!"

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    Quote Originally Posted by therealcombat View Post
    You made some excellent points!
    +1 good job as usual, thanks Gogo

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    Regular Member sudden valley gunner's Avatar
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    Great article and post. Good corrections too. I like that Mark listened and seemed reasonable.

    And I am sure some here would join his armed defense group.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member 1911er's Avatar
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    Nicely put Nick the way you stated facts to him should let them know that we are all not just A bunch of backwoods "" Protestors"" . But instead concerned citizens and concerned business owners from all different communities in the State.
    I truly Love my Country, But the government scares the he!! out of me.

    DEMAND IT
    Congress SHALL NOT receive A salary greater than any service member and will be given EQUIVELANT insurance as any service member

    I came into this world kicking and screaming covered in someone else's blood. And if necessary to protect the Constitution of The United States of AMERICA. I will go out the same way

    All hail the Domain of Neptunus Rex

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    Campaign Veteran MSG Laigaie's Avatar
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    "Openly wearing guns reminds the public that armed citizens deter violent criminals and that unexercised rights quickly wither on the vine. There may come a time when openly displaying guns becomes as natural as wearing a wristwatch."

    Orgasmic words

  10. #10
    Regular Member gsx1138's Avatar
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    I would hope so. I like that article. Who knows if that will ever happen but society changes. And I think if people start to use critical thought they'll realize that carrying a weapon makes a lot of sense.

  11. #11
    Regular Member amlevin's Avatar
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    Quote Originally Posted by MSG Laigaie View Post
    "Openly wearing guns reminds the public that armed citizens deter violent criminals and that unexercised rights quickly wither on the vine. There may come a time when openly displaying guns becomes as natural as wearing a wristwatch."
    Orgasmic words
    Last edited by amlevin; 03-28-2011 at 08:59 PM.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

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    Regular Member Ajetpilot's Avatar
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    Funny

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