Federal court says concealed gun permits not protected by 2nd Amendment

[BigDave]

Or possibly here? Peterson v. Martinez (10th Circuit) Official Appeals Thread

 

[sudden valley gunner]

I'm gonna go off topic here for a moment: Why are there so many out of staters here? I know I have no room to talk and all,but if this does not concern WA Jurisdiction, shouldn't this be taken in a general OC/CC thread?

Why would it matter if out of staters are posting in our state thread?

The thread was started here about a Washington Resident.

 

[carolina guy]

Perhaps you'll begin to understand by realizing that privilege has nothing to do with right, and that concealed carry permits are a privilege.

The decision was correct.

If one wishes to claim right, they'd better not be talking about their permit, which is a function of privilege.

This is distinct from my belief that the licensure or prohibition of concealed carry occurs contrary to right. But then so does Denver's licensure of all forms of carry, which Gray selfishly didn't bother to challenge, being too busy seeking praise for and affirmation of his glorious act of groveling.

And, as allowing only people with permits to carry in a place like Denver only enhances the privilege of a group I believe should not exist (permit holders), and does nothing to further right, I oppose it.

A bit of preemption: I lived in California. I've been presented with all the "one step at a time" arguments you can imagine until both sides were blue in the face. The truth is – although it took me some time to figure this out – all of these permission-seekers are pathetic aristocrat-wannabes. They love the sense of being special, of having their elite permit most people don't have. This tendency is anti-American, and I might even go so far as to say they themselves are. I hope they all fail.

For the record: What I say doesn't apply to every person who merely happens to obtain a concealed carry permit. It applies to the unique breed of people in states like California, Washington, and Oregon who have their little slips, who claim they further right, and yet sue only in pursuit of privilege. Only after much experience with these types have I deduced what I say above to be true.

+1

Let's not forget what a "license" really means...

Black's Fifth (per http://slovoto.blogspot.com/2008/02/licence-definition-by-blacks-law.html because I am cheap)

"The permission by competent authority to do an act which without such permission, would be illegal".

http://legal-dictionary.thefreedictionary.com/license

The permission granted by competent authority to exercise a certain privilege that, without such authorization, would constitute an illegal act, a Trespass or a tort. The certificate or the document itself that confers permission to engage in otherwise proscribed conduct.

http://law.yourdictionary.com/license

A permission granted by government to perform an act or service regulated by law (for example, a license to fish or to practice law).

So...if one "needs" a license to carry a weapon, then carrying a weapon must be illegal, else no license is necessary. I have seen people say it repeatedly, but the "Second Amendment IS my license to carry." Good in all 50 states (allegedly).

But, if we are going to keep relying on the courts to "fix the problem"...

"No one is bound to obey an unconstitutional law and no courts are bound to enforce it. The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void, and ineffective for any purpose, since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it."
-- 16th American Jurisprudence 2d, Section 177 late 2nd, section 256

"All laws which are repugnant to the Constitution are null and void."
--Marbury vs Madison

The 2nd Amendment is an "individual right".
--D.C. v Heller

The 2nd Amendment applies to the States.
--McDonald v Chicago

 

[sudden valley gunner]

No no folks the courts are sacred they are our saviors! They somehow magically transcend all imperfections of humans and the lure of power granted to them by be the final word on a subject. We must wait with baited breath and puckered anuses for them to decide what our natural rights are, and we must all put forth a united front behind a limited few that they will win our rights (you know the ones we were born with) for us.


No purple needed......

 

[carolina guy]

No no folks the courts are sacred they are our saviors! They somehow magically transcend all imperfections of humans and the lure of power granted to them by be the final word on a subject. We must wait with baited breath and puckered anuses for them to decide what our natural rights are, and we must all put forth a united front behind a limited few that they will win our rights (you know the ones we were born with) for us.


No purple needed......

Purple? Is that a secret weapon that I need to know about?

 

[sudden valley gunner]

Purple? Is that a secret weapon that I need to know about?

Forum rules about using color in texts, mentions purple can be used to express sarcasm. I was having fun with purple for a while. Others pointed out to me it wasn't a necessity, I think what they were really saying was stop it it's irritating....lol.

 

[carolina guy]

Forum rules about using color in texts, mentions purple can be used to express sarcasm. I was having fun with purple for a while. Others pointed out to me it wasn't a necessity, I think what they were really saying was stop it it's irritating....lol.

Ah yes...I remember now. Oh well, so much for fun, eh?

 

[Lammo]

Conflicting case from the 7th Circuit

And now, in a case about which you will hear nothing from the lamestream media, the ability to carry a firearm outside the home is a right protected under the 2nd Amendment: http://www.saf.org/viewpr-new.asp?id=423

Text of the decision by Judge Posner: http://s3.documentcloud.org/documents/537394/u-s-appellate-court-gun-law-decision.pdf

Rehearing by all of the judges of the 7th Circuit was rejected so the above decision stands.

 

[sudden valley gunner]

And now, in a case about which you will hear nothing from the lamestream media, the ability to carry a firearm outside the home is a right protected under the 2nd Amendment: http://www.saf.org/viewpr-new.asp?id=423

Text of the decision by Judge Posner: http://s3.documentcloud.org/documents/537394/u-s-appellate-court-gun-law-decision.pdf

Rehearing by all of the judges of the 7th Circuit was rejected so the above decision stands.

Thanks for the links....

I do believe we are in someways being set up for a reinterpretation of the constitution by the courts though....

“two years ago, in District of
Columbia v. Heller, we held that the Second Amendment
protects the right to keep and bear arms for the purpose
of self-defense,”

 

[marshaul]

And now, in a case about which you will hear nothing from the lamestream media, the ability to carry a firearm outside the home is a right protected under the 2nd Amendment: http://www.saf.org/viewpr-new.asp?id=423

Text of the decision by Judge Posner: http://s3.documentcloud.org/documents/537394/u-s-appellate-court-gun-law-decision.pdf

Rehearing by all of the judges of the 7th Circuit was rejected so the above decision stands.

There's no conflict.

Gray sued to have his permission slip recognized in Colorado. Heller strongly implies that licensed concealed carry does not implicate right, but further implies that where concealed carry is licensed, open carry must be allowed.

Truth is, all of this was predictable when Heller was decided.

 

[carolina guy]

There's no conflict.

Gray sued to have his permission slip recognized in Colorado. Heller strongly implies that licensed concealed carry does not implicate right, but further implies that where concealed carry is licensed, open carry must be allowed.

Truth is, all of this was predictable when Heller was decided.

That would be my take. If one form of "carry" is licensed, then the other form MUST be unlicensed else it infringes upon the RIGHT TKBA.

 

[sudden valley gunner]

Us mundanes are too dumb to understand don't you guys know you are supposed to leave it to these professionals?

 

[marshaul]

Us mundanes are too dumb to understand don't you guys know you are supposed to leave it to these professionals?

+1 Only they really get how it works.