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UH-OH! New Yorkers do not have a constitutional right to carry a concealed handgun

rodbender

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Jun 23, 2008
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Navasota, Texas, USA
Two phrases in the Second Amendment that are so frequently misunderstood and twisted by interpretation under the microscope of today's vernacular. The first one is, "A well regulated Militia". The word "regulated" is almost always interpreted to mean trained, discipline, or drilled. But this is not what this word meant in this context in 1791. The meaning then, and therefore the meaning we should and must apply, was "to keep and make regular" (source: Judge Anthony Napolitano).

The second phrase in question is, "to keep and bear Arms". "Arms" referred to weapons which were capable of bearing borne on or about the person. And "bear" was the synonym for borne on or about the person. So the carrying of a weapon on or about your person, as the word bear was meant to imply, would mean in any fashion one can carry said weapon or or about their person. The fact that the word "concealed" doesn't appear is identical to the fact that the word "open [or openly]" also does not appear.

I think that you just said the same thing I said. I just didn't get into the particulars. I don't think his brain is capable of digesting that much info in one sitting.
 

SouthernBoy

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Western Prince William County, Virginia, USA
I think that you just said the same thing I said. I just didn't get into the particulars. I don't think his brain is capable of digesting that much info in one sitting.

Actually I think eye95 is not only very intelligent, but also well educated and read, and well spoken. We all have different ways of looking at things and he and I had a difference of opinion on a constitutional matter about two years ago. But I think we both believe that on those subjects where we may differ, we can agree to disagree.

The thing is to keep this all civil, rational, mature, and respectful in our discourses. I tend to view the Constitution and in particular the Bill of Rights in a more finite and absolute light, believing that the Founders knew exactly what they were doing and saying. We should also keep in mind that their use of the English language was exceptional and considerably better than that which we see in our contemporary world.

Just a thought.
 

SouthernBoy

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This is what is wrong in Florida, and other retirement states----- TOO MANY NEW YORKERS HERE!!!

You make a very good point and far more serious than some might think. While your response here might be taken in jest as one of humor, indeed it portends something ominous and is something that worries me greatly.

It is human nature to take along things from one's prior life as they migrate to another state. Furniture, cars, and other items of property are fine. Ideas about things political and social can be dangerous to those who are native to the areas in which the migration is taking place. Please folks, before you jump all over me, hear me out on this.

I have seen the movement of people in recent years to a small town in Virginia and many of those people are coming from areas inside and around the Capital Beltway surrounding Washington, DC. These people have a different outlook than those who are long time residents of this small Virginia town... Culpeper, which has been "discovered" as a desirable place to live.

Well folks in Culpeper own guns.. I would bet the majority of the population there enjoys this right. And along with this, they also enjoyed shooting at targets in their back yard, something many had done for generations. It wasn't long before some of the new residents started invading the town council meetings demanding that laws be passed to curtail this activity for all manner of reasons (have to wonder if one reason was that some of them don't like firearms). I don't know if they were successful in their efforts, but I would guess not.

What this all means is that people coming to an area of the country that is quite different than that from which they originated need to understand that if they are of a mind to shove things down the throats of the locals because "it's just not something they would do", they are not about to ingratiate themselves with the indigenous folks. The old adage, "when in Rome, do as the Romans" comes to mind. And besides, doing this will eventually kill that which was so attractive to many people to begin with. The golden goose just ain't gonna survive this sort of poison.
 
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rpyne

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Oct 23, 2007
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Provo, Utah, USA
What this all means is that people coming to an area of the country that is quite different than that from which they originated need to understand that if they are of a mind to shove things down the throats of the locals because "it's just not something they would do", they are not about to ingratiate themselves with the indigenous folks. The old adage, "when in Rome, do as the Romans" comes to mind. And besides, doing this will eventually kill that which was so attractive to many people to begin with. The golden goose just ain't gonna survive this sort of poison.

Utah and Idaho have a similar problem with the invasion of Californians who then try and turn their new home into what they left.

Here in Utah we have a phrase that sums it up... Don't Californicate Utah!
 

SouthernBoy

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Utah and Idaho have a similar problem with the invasion of Californians who then try and turn their new home into what they left.

Here in Utah we have a phrase that sums it up... Don't Californicate Utah!

The very real danger is if enough of them migrate to your state and form a voting block, things that made your states rich in your culture and traditions could very well become a thing of the past. I worry a lot about this for my beloved South. Because we are such an attractive region of the country to move to, we are in real danger of loosing those things that we Southerners hold dear.
 

Walt_Kowalski

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Mar 31, 2010
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Ashburn, Virginia, USA
It make s me SICK when I see Bloomberg say its a victory for the constitution. EVERY SINGLE ONE of those activist judges are violating their oath to protect and uphold the Constitution. Everyone from the police officer enforcing laws that violate the 2nd amendment, to the politicians that create them, should be found guilty of violating their oath of office, and IMHO tried for treason. (if I had it my way)
 

ldsgeek

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Nov 3, 2010
Messages
103
Location
New Hampshire
Same in the East

Utah and Idaho have a similar problem with the invasion of Californians who then try and turn their new home into what they left.

Here in Utah we have a phrase that sums it up... Don't Californicate Utah!

We have the same problem in New Hampshire. A lot of people get fed up with the mess they created in Mass, so they move north, where they pay MA prices for NH property. Then they want the same kind of benefits they had in Mass (municipal water/sewer, large police presence, etc) and vote for politicians willing to ram it through. It gets old fast.
 

Dutch Uncle

Campaign Veteran
Joined
May 11, 2006
Messages
1,715
Location
Virginia, USA
Don't forget Nevada. Many Californians are leaving their socially and financially bankrupt state to move to nearby Nevada, daspite Nevada's straightened financial circumstances. As usual, they often bring with them the same out-of-control liberalism that is destroying thier once-proud state.

By the way, it is pronounced Nev-aa-da, with the aa sounding like the a in "mad", not Nuh-vah-duh. You can always tell the out-of-towners that way.

P.S. Just returned from Virginia City NV, where my sister got married. They decided on a "Victorian-themed" wedding, so we were all there in period dress. Most of the men were open-carrying at the wedding and the reception.j I overheard one of my brother-in-law's, relatives, who is from Belgium say she was a bit shocked seeing "all those guns" at the wedding, but went on to say that during the reception she "forgot all about it, and no longer felt upset". I didn't carry: a holster just doesn't go well with an old-style tuxedo.
 

SouthernBoy

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May 12, 2007
Messages
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Western Prince William County, Virginia, USA
It make s me SICK when I see Bloomberg say its a victory for the constitution. EVERY SINGLE ONE of those activist judges are violating their oath to protect and uphold the Constitution. Everyone from the police officer enforcing laws that violate the 2nd amendment, to the politicians that create them, should be found guilty of violating their oath of office, and IMHO tried for treason. (if I had it my way)

This!
 

Fisherman

Regular Member
Joined
May 15, 2010
Messages
160
Location
45R
You make a very good point and far more serious than some might think. While your response here might be taken in jest as one of humor, indeed it portends something ominous and is something that worries me greatly.

It is human nature to take along things from one's prior life as they migrate to another state. Furniture, cars, and other items of property are fine. Ideas about things political and social can be dangerous to those who are native to the areas in which the migration is taking place. Please folks, before you jump all over me, hear me out on this.

I have seen the movement of people in recent years to a small town in Virginia and many of those people are coming from areas inside and around the Capital Beltway surrounding Washington, DC. These people have a different outlook than those who are long time residents of this small Virginia town... Culpeper, which has been "discovered" as a desirable place to live.

Well folks in Culpeper own guns.. I would bet the majority of the population there enjoys this right. And along with this, they also enjoyed shooting at targets in their back yard, something many had done for generations. It wasn't long before some of the new residents started invading the town council meetings demanding that laws be passed to curtail this activity for all manner of reasons (have to wonder if one reason was that some of them don't like firearms). I don't know if they were successful in their efforts, but I would guess not.

What this all means is that people coming to an area of the country that is quite different than that from which they originated need to understand that if they are of a mind to shove things down the throats of the locals because "it's just not something they would do", they are not about to ingratiate themselves with the indigenous folks. The old adage, "when in Rome, do as the Romans" comes to mind. And besides, doing this will eventually kill that which was so attractive to many people to begin with. The golden goose just ain't gonna survive this sort of poison.

I absolutely agree with this. Find out what a place is like before you move there and try to shove your wacky ideas down people's throats. Might have more friends that way and that's always good.
 

rodbender

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Joined
Jun 23, 2008
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2,519
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Navasota, Texas, USA
Actually I think eye95 is not only very intelligent, but also well educated and read, and well spoken. We all have different ways of looking at things and he and I had a difference of opinion on a constitutional matter about two years ago. But I think we both believe that on those subjects where we may differ, we can agree to disagree.

The thing is to keep this all civil, rational, mature, and respectful in our discourses. I tend to view the Constitution and in particular the Bill of Rights in a more finite and absolute light, believing that the Founders knew exactly what they were doing and saying. We should also keep in mind that their use of the English language was exceptional and considerably better than that which we see in our contemporary world.

Just a thought.

I happen to think the same way about him. Maybe I should have said that his hard head would not have absorbed it. His real problem is that he refuses to listen to someone that actually took the time and spent the money to do the research to find out what the Constitution and all amendments meant when ratified. I have done the research and paid big bucks to get the material. Their intentions are very clear when you read what the framers of the Constitution, the BOR, and all other amendments were debating at the time they were written. BTW, I find it extremely taxing to be civil to the guy.
 

okboomer

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Oct 18, 2009
Messages
1,164
Location
Oklahoma, USA
P.S. Just returned from Virginia City NV, where my sister got married. They decided on a "Victorian-themed" wedding, so we were all there in period dress. Most of the men were open-carrying at the wedding and the reception.j I overheard one of my brother-in-law's, relatives, who is from Belgium say she was a bit shocked seeing "all those guns" at the wedding, but went on to say that during the reception she "forgot all about it, and no longer felt upset". I didn't carry: a holster just doesn't go well with an old-style tuxedo.

Nope, that would be a box derringer tucked in the cumberbund or in a pocket :lol: Or possibly even a shoulder rig :lol:
 

DanM

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Joined
Jul 11, 2008
Messages
1,928
Location
West Bloomfield, Michigan, USA
As long as the State does not prevent carry in a reasonable manner, I don't see laws regulating the separate and independent act of concealment as rights infringements. Stupid from a policy standpoint, but not infringing from a 2A standpoint.

Huh? What is "reasonable" about broadly banning or restricting concealed carry? If a law which affects a right is not completely and soundly based on compelling reason, it is an infringement on that right. And the availability of open carry, by itself, is insufficient justification to broadly ban or unreasonably restrict another right you have: concealed carry.

Each ban or restriction on the particular exercise of a right must stand alone on its merits. State the language of the ban or restriction on CC you support, then state the compelling reasoning providing foundation for that ban or restriction.

If that cannot be done, it is indeed an infringement on the 2A!
 
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since9

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Jan 14, 2010
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6,964
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Colorado Springs, Colorado, USA
Huh? What is "reasonable" about broadly banning or restricting concealed carry? If a law which affects a right is not completely and soundly based on compelling reason, it is an infringement on that right. And the availability of open carry, by itself, is insufficient justification to broadly ban or unreasonably restrict another right you have: concealed carry.

I couldn't agree more, DanM. The RKBA's "infringement" clause is all-inclusive. A mandate to carry openly is an infringement. A mandate to carry concealed is an infringement. Any right restricting the unfettered RKBA is an infringement.

On the other hand, we as a society have allowed restrictions involving the mental acuity and felony status as a way of mitigating access to lawfully-purchased firearms by those persons who pose a clear and present danger to society.

Yeah, I know - it's not very effective.
 
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