That’s funny...because the way I see it, the government doesn’t have the legal authority to prohibit you from carrying concealed.
I agree. This decision still leaves it up to individual County Sheriff’s to decide what’s an acceptable reason but most Sheriff’s in CA won’t accept many reasons.
WHAT? You must have missed the post last week when hildabama said the govt has the “right” to regulate firearms. Coulda fooled me.
There is not one word in the Constitution about “concealed” or “unconcealed”...In other words, either one is permissible under the Constitution....
“because the way I see it, the government doesn’t have the legal authority to prohibit you from carrying concealed.”
No standing. The government, nor the LEO was harmed.
Plus that pesky Second amendment...
5.56mm
Despite their best efforts, our Founders erred in their wording of the Second Amendment. Setting aside the confusion caused by the "Militia clause", the Founders inadvertantly referred to a pre-existing "right to keep and bear arms".
This opened up the possibility of intrepeting what the extent of that pre-existing right might be.
Better would have been if the Founders had simply said, "The people shall be free to arm themselves without interference by anyone." This would eliminate any discussion of where, when, why, how, etc.
Do you have to get a permit to speak your mind? No. But just wait a while, that to is coming, courtesy of the tyrannical left.
Excellent point !
Post-FDR era, institutionally indoctrinated judges are seemingly clueless that the states have never delegated to the feds, expressly via the Constitution, the specific power to make gun regulations for civilians.
In fact, a previous generation of state sovereignty-respecting justices had clarified, in terms of the 10th Amendment, that powers not expressly delegated to the feds via the Constitution are prohibited to the feds.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
Also, it is disturbing that federal gun laws regulating civilian firearms don’t seem to have appeared in the books (corrections welcome) until FDR was president, FDR and the Congress at that time infamous for making laws that they couldn’t justify under Congress’s constitutional Article I, Section 8-limited powers.
Franklin Roosevelt: The Father of Gun Control
The federal government sure doesn’t.
One could argue state’s rights, but I don’t see how those trump the Constitution either.
Weapons are our protection, and being outside the home is when we’re at our greatest risk.
I don’t see a 2nd Amendment clause stating we can only own weapons if we keep them inside our home.
It stands to reason, we should be able to use them to defend ourselves where ever we are.