Posted on 01/05/2023 3:56:32 AM PST by marktwain
The open carry of firearms is strong, protected, symbolic, and political speech. It sends a clear, specific political message:
The power of government is limited by the Constitution.
The government is not allowed to disarm free people who are peaceable.
Symbolic political speech is protected by the First Amendment. From mtsu.edu:
Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order.
The simple wearing or carrying of firearms is not a direct threat to any individual or to public order. If it were, the open carry of firearms by police would directly threaten individuals or public order.
Pointing firearms at individuals or even in their general direction could be a direct threat. Holstered sidearms and slung rifles are not a direct threat. They are an expression of political power and limited governmental power.
The Supreme Court has ruled symbolic political speech can be limited if very specific qualifications are met. The case was United States v. O’Brien. The qualifications are:
Open carry of firearms has been the most protected part of the right to bear arms. It isn’t easy to see an important government interest served by banning open carry, especially as part of demonstrations.
There are only four states which ban the open carry of firearms. They are California, New York, New Jersey, and Florida. This strongly implies there is no compelling government interest in banning the open
(Excerpt) Read more at ammoland.com ...
Why everyone needs to open carry. An armed society is a polite society.
Happy to be of service, Dean. No one is right 100% of the time. Well, no one but me anyway.
Best,
L
***Open carry of firearms has been the most protected part of the right to bear arms.***
What the SCOTUS thought about gun control in the pre Civil War era.
“It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished;
and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs,
and to KEEP AND CARRY ARMS wherever they went.”
Paragraph 77 in the link below. then followed by over 800 paragraphs trying to prove blacks were not citizens and had no such rights.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html
Thank you for the correction. It is much appreciated.
There's a caveat, though...government gets to define "peaceable".
Believe me I wish OC were legal here. In fact the General Assembly is working on a new AWB right now. And it’s absolutely awful. Magazine capacity limits, a change to the FOID to add an “assault weapon certification” and a whole bunch of other bad stuff.
Our gun club is running a phone bank lighting up phones at legislators offices to see if we can stop this thing in its tracks.
L
Not quite there yet.
However, we have been moving to a place where the government defines and re-defines words to its advantage at will. Moving toward 1984, if you wish.
There is starting to be some push-back.
Those in power are desperate to stay in power.
Technically it’s legal if you are a licensed hunter, fisherman, or trapper and actually engaged in those activities. Otherwise, nichts.
While open carry is protected in Colorado and somewhat common in some areas, it is decidedly not allowed in the City and County of Denver. Just FYI.
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