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Thread: Question about what it was like before constitutional carry

  1. #1
    Regular Member xmanhockey7's Avatar
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    Jun 2010
    Portage, MI

    Question about what it was like before constitutional carry

    I am being told that if a state were to pass constitutional carry (cc) then that state will see a boat load of pistol free zones (pfz) added to the listed of places where people can't carry. So I figured I'd go right to the sources. Is this true for your state? And not only the PFZ but did you see stricter carry laws come along with the adoption of cc?
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  2. #2
    Regular Member
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    Jul 2011
    One of the tradeoffs to Constitutional Carry was that you (A) have to declare your firearm to any LEO upon contact (not detention) and (B) any LEO can secure a concealed firearm for the duration of the contact without any cause.

    Normally, under case law (Terry), a Terry Frisk can be done only if the officer has Reasonable Articulable Suspicion. A weapon can only be seized for officer safety if there is further RAS that the possessor is dangerous. So, argueably, the Alaska tradeoff (eliminating the requirement for RAS) does give up a protection for CCW'ers. As the law is written, there is no duty to declare nor any ability to seize for openly carried firearms.

    As for Gun Free Zones, Alaska has pretty strong pre-emption. In fact, in recent years, some local places in Anchorage like the city library have removed their no guns signs in accordance with preemption. Others may be able to comment more on this evolution elsewhere in the state.

    There were some "blood in the streets" newspaper articles full of hysterics but it doesn't seem to get much traction or attention locally as an anti-gun issue.

  3. #3
    Regular Member self preservation's Avatar
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    Apr 2012
    “The only thing necessary for the triumph of evil is for good men to do nothing.” Edmund Burke

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    1. Protection of oneself from harm or destruction.
    2. The instinct for individual preservation; the innate desire to stay alive.

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