Tuesday, February 26, 2013
The right to bear arms is a constitutional issue
10th Circuit rules that concealed carry is not a right
It is very clear, however, that the right to bear arms is a constitutional issue, so states that try to ban carry of any form are infringing. If this gentleman wanted to carry in Denver, which has asserted a "Home Rule" authority to ban open carry, and that authority has been upheld by the Colorado Supreme Court, then he would have had a very valid argument. Unable to carry openly due to the city ordinance, and unable to carry concealed due to state law, his right was truly infringed. I don't know if he needed to carry in Denver, but, whatever, that wasn't the argument he made.
Colorado Constitution Article II, Section 13
The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
Second Amendment to the U.S. Constitution
"A well regulated militia, being necessary to the security of a free state,
the right of the people to keep and bear arms shall not be infringed."
The territorial jurisdiction of the Tenth Circuit includes the six states of Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, plus those portions of the Yellowstone National Park extending into Montana and Idaho.
The U.S. Constitution and 44 States have Constitutional provisions enumerating the Individual Right to Keep and Bear Arms
(Colorado has an open carry law. Their state constitution has it written in stone that concealed carry is not justified. People in Colorado do have a right to bear arms. They will be able to still bear arms in the open.
The 2nd amendment to the US Constitution gives the right to Americans to own a gun. It doesn't include a provision that you must carry it around in your home only!!! Colorado has restricted that right to open carry only.
To me the right to bear arms means concealed or open in any state.
Many states have constitution provisions for people to bear arms that the federal government can't over ride.
South Carolina is one of them.) Story Reports
South Carolina Constitution Article I, Section 20
A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. As, in times of peace, armies are dangerous to liberty, they shall not be maintained without the consent of the General Assembly. The military power of the State shall always be held in subordination to the civil authority and be governed by it. No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in the manner prescribed by law.
(Its strange that the drudge report has nothing about the 10th circuit court of appeals ruling on concealed carry?? I did mean to say the 10th circus court of appeals. My advise is to go out and buy a handgun or rifle. You have the right to defend yourself against crinimals of any kind including criminals that try to take away you Constitutional right to protect yourself.) Story Reports