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Court Rules There Is No Right To Carry A Concealed Weapon
TBI ^ | 2-25-2013 | Larry Bodine

Posted on 02/25/2013 6:19:50 AM PST by blam

Court Rules There Is No Right To Carry A Concealed Weapon

Larry Bodine, Lawyers.com
February 25, 2013, 6:42 AM

In a sweeping ruling, the Tenth U.S. Circuit Court of Appeals ruled that there is no Second Amendment right to carry a concealed firearm in public. The broad wording of the decision in Peterson v. Martinez creates a far-reaching national precedent against carrying a loaded handgun outside the home.

The case began on a narrow point – a challenge by a Washington State man against Colorado’s law to issue CHL permits (“Concealed Handgun License”) only to state residents. But the final ruling held, “In light of our nation’s extensive practice of restricting citizens’ freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment’s protections.”

The federal court also rejected arguments that Colorado’s CHL law infringed on the the Equal Protection Clause and the Privileges and Immunities Clause.

To bullet-proof the ruling against an appeal to the U.S. Supreme Court, the Tenth Circuit recounted numerous court rulings and state laws dating back to 1813, and based its ruling on prior U.S. Supreme Court cases.

The View from the Ground

Colorado law allows people to have a firearm in their homes, places of business and cars. But to carry a concealed weapon in public, a state resident must apply to a local sheriff to get a permit. Peterson claimed that the law left him “completely disarmed.”

Sheriffs use locally-maintained databases to check for misdemeanor and municipal court convictions involving drugs, alcohol or violence that will disqualify a citizen. The local databases also include mental health contacts, 911 calls that do not result in an arrest, a history of aggressive driving, juvenile arrest records, plea agreements that result

(snip)

(Excerpt) Read more at businessinsider.com ...


TOPICS: Breaking News; News/Current Events
KEYWORDS: 2a; 2ndamendment; 2ndammendment; banglist; ccw; concealcarry; concealedcarry; govtabuse; guncontrol; guns; judicialtyranny; lawsuit; ruling; secondamendment; shallnotbeinfringed; tyranny; wewillnotcomply; youwillnotdisarmus
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To: Mr. K

If the gunowner took a safety course he would have been instructed to put both hands on his steering wheel in plain sight of the officer and then inform the cop he was carrying.


61 posted on 02/25/2013 9:49:56 AM PST by Lady Jag (If you can't make them see the light, let them feel the heat. - Reagan)
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To: umgud
If a state forbids both open and concealed carry, then we have no 2A rights to bear arms...

The 2A right is merely a contractual obligation between government and people. What it's based on still stands and will always stand: The inalienable God-given right to life, leading to the right to defend that life, even when, or as, that paper contract gets ripped into shreds.

62 posted on 02/25/2013 9:50:37 AM PST by C210N (When people fear government there is tyranny; when government fears people there is liberty)
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To: Progov
Doesn't matter either way. There was no power given to the government to make such a finding. Especially for a Federal Circuit court.

Carrying concealed is a method of BEARING armaments. As such, it is protected. No matter how many black robed perverts claim otherwise.

63 posted on 02/25/2013 9:53:38 AM PST by Dead Corpse (I will not comply.)
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To: blam
To bullet-proof the ruling against an appeal to the U.S. Supreme Court, the Tenth Circuit

This probably will go to SCOTUS as the 10th and the 7th are in conflict.
64 posted on 02/25/2013 10:04:17 AM PST by stylin19a
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To: SampleMan
There is a right to bare arms

T shirts for all!

65 posted on 02/25/2013 11:03:02 AM PST by Myrddin
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To: blam

Conflicts with a 7th Circuit opinion, so the Supreme Court will likely decide.


66 posted on 02/25/2013 11:20:56 AM PST by Texas Federalist (DeMint 2012!)
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To: blam

Conflicts with a 7th Circuit opinion, so the Supreme Court will likely decide.


67 posted on 02/25/2013 11:21:14 AM PST by Texas Federalist (DeMint 2012!)
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To: blam

Conflicts with a 7th Circuit opinion, so the Supreme Court will likely decide.


68 posted on 02/25/2013 11:21:35 AM PST by Texas Federalist (DeMint 2012!)
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To: blam

Composition of the Tenth Circus:

http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Tenth_Circuit#Current_composition_of_the_court


69 posted on 02/25/2013 11:22:56 AM PST by ZULU (See: http://gatesofvienna.net/)
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To: Eric in the Ozarks
This will not stand.

Depends on how many briefcases of cash it would take for Roberts to sway his final judgement.

70 posted on 02/25/2013 11:45:10 AM PST by COBOL2Java (Fighting Obama without Boehner & McConnell is like going deer hunting without your accordion)
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To: yldstrk

My prediction is it will go to the Supremes...you know how that worked with Obozocare.....
It begins, folks.....


71 posted on 02/25/2013 11:54:06 AM PST by matginzac
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To: drbuzzard

If the Supreme Court gets further stuffed by ( )o( )bama, the final outcome will be along the lines of Hillary’s “What difference does it make?”, 2nd Amendment is gone.
(”What difference does it make?” = “Who gives a f**k” (Navy)).


72 posted on 02/25/2013 12:10:31 PM PST by Huskerfan44 (Huskerfan44)
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To: blam

Does this mean I have to wear it out in the open?


73 posted on 02/25/2013 12:10:41 PM PST by popdonnelly (The right to self-defense is older than the Constitution.)
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To: blam

Every concealed carry permit (including those issued by shall issue or no permit required states) should be recognized as legal in EVERY STATE.

If we have to recognize their faggot weddings per the 14th ammendment then they need to recognize our right to carry.


74 posted on 02/25/2013 12:11:57 PM PST by John O (God Save America (Please))
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To: blam

Every concealed carry permit (including those issued by shall issue or no permit required states) should be recognized as legal in EVERY STATE.

If we have to recognize their faggot weddings per the 14th ammendment then they need to recognize our right to carry.


75 posted on 02/25/2013 12:11:57 PM PST by John O (God Save America (Please))
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To: unixfox

The "court" can go to hell. Now enforce it.


Aye. Black-robed tyrants take note: We will NOT comply!

76 posted on 02/25/2013 12:12:45 PM PST by EdReform (Oath Keepers - Guardians of the Republic - Honor your oath - Join us: www.oathkeepers.org)
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To: blam

Two more states that I will never set my foot in. I guess I will continue to live out my days here in the deep south.


77 posted on 02/25/2013 12:14:05 PM PST by RetiredArmy (1 Cor 15: 50-54 & 1 Thess 4: 13-17. That about covers it.)
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To: RetiredArmy

Washington State is a “shall issue” state for CCW. Not sure what prevents them from issuing it other than a felony conviction - but there may be other reasons.

Open carry is allowed if you can legally own a gun.

However - there are plenty of Liberals on the west side of the state so there are other reasons not to visit! (East of the Cascades is very conservative though).


78 posted on 02/25/2013 12:28:25 PM PST by 21twelve ("We've got the guns, and we got the numbers" adapted and revised from Jim M.)
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To: blam
"Colorado law allows people to have a firearm in their homes, places of business and cars. But to carry a concealed weapon in public, a state resident must apply to a local sheriff to get a permit. Peterson claimed that the law left him “completely disarmed.”

Ah, question, how does someone get his firearm from A to B? Beaming?

79 posted on 02/25/2013 12:46:13 PM PST by Jabba the Nutt (.Are they stupid, malicious or evil?)
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To: apoliticalone

the left is pushing for serfs to live in cities which their lord over. Population control is too hard for the ruling class when there is an active diligent MSM and a populace to withdraw consent of being ruled.


80 posted on 02/25/2013 12:50:49 PM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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