The Second Amendment meant the Citizens of this Country could keep and bear Military Arms, period.
But they didn’t say you could carry it in public for all to see. I have to admit that I never really thought about it from that perspective before, but they do have a point. You can carry, they can’t infringe that right. But if they say you can’t carry outside your clothing, they are not infringing that right since you can still carry. The right is not infringed. If they had said, “the right to carry where everybody can clearly see the weapon shall not be infringed”, I’d feel differently.
That being said, I think that a person who carries and has no way, at the time, to conceal the weapon would have a constitutional case because the unconstitutional law would be infringing his right to carry at all.
In CA and some other states, where CCW is “may issue” as opposed to “shall issue”, if the state or county decides not to issue, then without open carry, they have infringed. So the argument that open carry is not protected might be defendable in a “shall issue” CCW state, but not in a “may issue” state, and definitely not in a “no issue” state.
It doesn’t say how you should carry at all. The court is just making up their own little rule...for their state...but the Bill of Rights is Federal and pertains to all states and EVERY person.
Once they get Concealed Carry out of the way, their next target is Gun Registration.
Once they get Gun Registration out of the way, their next target is Gun Ownership.
Incremental-ism is the tool of Liberal Tyranny. They have always been very patient in achieving their goals. They have taken over every Institution in America, the Courts, the Education System, the Entertainment Industry and the News Media. The Congress is infested with Liberals from both Political Parties who have rendered the United States Constitution null and void when they approve Legislation. When you think of Liberalism, remember this passage from the Movie The Terminator. "It can't be reasoned with, it can't be bargained with...it doesn't feel pity of remorse or fear...and it absolutely will not stop. Ever."
Tell that to New Jersey and a plethora of other states who require that you beg their permission to even purchase, let alone carry a firearm. Since the permission may be denied (and carry almost always is denied here), it is a clear infringement.
The military arms of the period were muskets and swords, neither of which can be concealed.
Exactly HOW are you going to "concealed carry" a long gun?? ANY long gun.
In the founding fathers time, and long after, carrying open was taken for granted. Here is the Colorado state constitution on gun rights. I used this as an example but several states have basically the same provision:
Colorado: 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. Art. II, § 13 (enacted 1876, art. II, § 13).
They did not like concealed weapons. You said, “But they didn’t say you could carry it in public for all to see”. No, they essentially said you had to carry it in public for all to see.
What? Seriously? If you have a right to bear arms, ANY restriction on how you carry is an infringement.