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Second Amendment: Is concealed carry a privilege or a right?
human events ^ | 12/3/14 | s greenhut

Posted on 12/03/2014 6:29:56 AM PST by bestintxas

The federal courts would never uphold a law requiring people to show “good cause” before they could speak in public or march in a parade. It would be a violation of our First Amendment rights. Yet an ongoing court battle examines whether similar rules regarding the carrying of firearms is an equally outrageous violation of the Second Amendment.

The case started in 2008 in San Diego County, when Edward Peruta and other gun owners challenged San Diego County’s process for issuing concealed-carry permits. State law gives sheriffs the power to determine “good cause” – and San Diego County required documentation showing the applicant faced some sort of specific threat to merit one. The result in restrictive counties is a small number of residents — people connected to law enforcement, lawyers, business people facing security risks and influential people — were free to exercise such “rights.” Actually, it became a “privilege.” In February, the 9th U.S. Circuit Court of Appeals sided with the gun owners.

“Because the Second Amendment ‘confer(s) an individual right to keep and bear arms,’ we must assess whether the California scheme (in light of San Diego County’s policy) allows some people to bear arms outside the home in some places at some times; instead, the question is whether it allows the typical, responsible, law-abiding citizens to bear arms in public for the lawful purpose of self-defense,” ruled the court. “The answer … is a resounding ‘no.’”

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


TOPICS: News/Current Events
KEYWORDS: banglist; blog; bloggers; concealed
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The second amendment seems pretty clear on this one.
1 posted on 12/03/2014 6:29:57 AM PST by bestintxas
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To: bestintxas

In far too many states it is a privilege doled out by a reluctant master.


2 posted on 12/03/2014 6:33:28 AM PST by umgud (I couldn't understand why the ball kept getting bigger......... then it hit me.)
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To: bestintxas

The article states that the 2nd amendment confers an individual right to carry arms. It says no such thing. It does acknowledge a pre-existing right!


3 posted on 12/03/2014 6:34:15 AM PST by GMMC0987
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To: bestintxas

4 posted on 12/03/2014 6:35:59 AM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: GMMC0987

Exactly!


5 posted on 12/03/2014 6:37:05 AM PST by WayneS (Don't blame me, I voted for Kodos.)
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To: GMMC0987

Yes, too many miss that opportunity to educate readers.

We have a right to self defense, given to us by our Creator.

The Second Amendment doesn’t give us anything, it only prohibits government interference with that right.


6 posted on 12/03/2014 6:37:09 AM PST by Balding_Eagle (The Gruber Revelations are proof that God is still smiling on America.)
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To: umgud

In far too many places, real rights are treated as privilege to reward political supporters.


7 posted on 12/03/2014 6:38:03 AM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: bestintxas
Our opponents' premise: We can infringe the right to keep and bear arms.
Our opponents' struggle: Where is the line? How much can we infringe?

It's like they haven't even read the text of the 2nd.

8 posted on 12/03/2014 6:40:15 AM PST by ClearCase_guy (Democrats have a lynch mob mentality. They always have.)
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To: bestintxas
Apparently it's neither. I say that based upon the millions of Americans who are denied that ability based upon their state's/community's laws.

After all, a "privilege" never granted is hardly a privilege, now, is it?

9 posted on 12/03/2014 6:42:30 AM PST by LouAvul (If government is the answer, you're asking the wrong question.)
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To: Balding_Eagle

And they are interfering at a record pace. And it appears that NV is next in line for the voters to decide that I can’t let you handle my new 9mm unless we go have a background check done on you first. Then to get MY gun back, they would have to run a bgc on me. Nolow info voters will most likely not look very deep in to the initiative to see just what it does to law abiding citizens. Sold on “closing the gun show loophole”.


10 posted on 12/03/2014 6:43:01 AM PST by rktman (Served in the Navy to protect the rights of those that want to take some of mine away. Odd, eh?)
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To: umgud

Mainly to the politically connected.


11 posted on 12/03/2014 6:45:32 AM PST by Blood of Tyrants (Good Muslims, like good Nazis or good liberals, are terrible human beings.)
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To: bestintxas

Self defense is a right. Bearing arms is a right.

Banning open carry, while allowing concealed, or banning concealed carry, while allowing open, are perhaps reasonable regulations of the right, because they still allow the right to be exercised.

Banning both is not.

Similarly, requiring permits or licensing may be a reasonable regulation, if the permits or licenses are reasonably available, and are issued under objective standards. Permits that can be denied without cause are not.


12 posted on 12/03/2014 6:46:46 AM PST by jdege
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To: bestintxas
Requirement in many places.
13 posted on 12/03/2014 6:47:05 AM PST by elhombrelibre (Against Obama. Against Putin. Pro-freedom. Pro-US Constitution.)
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To: bestintxas

14 posted on 12/03/2014 6:49:17 AM PST by DocRock (All they that TAKE the sword shall perish with the sword. Matthew 26:52 Gun grabbers beware.)
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To: bestintxas

“Right to bear arms” is crystal-damn-clear.
“Shall not be infringed” is crystal-damn-clear.
Somebody in power does not belong there.
Who voted them in?


15 posted on 12/03/2014 6:50:16 AM PST by Fester Chugabrew (Even the compassion of the wicked is cruel.)
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To: bestintxas

As far as I’m concerned, any argument about interpretation, extension, clarification or transmutation of any aspect of the Second Amendment had damned well better be accompanied by an equally cogent remark for doing the same thing with respect to the First Amendment.


16 posted on 12/03/2014 6:50:38 AM PST by Gaffer
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To: Balding_Eagle

That is precisely why the unalienable rights of “Life, Liberty, and the Pursuit of Happiness” are in that order in the Declaration. Without Life and the ability to preserve it, you have nothing else at all.


17 posted on 12/03/2014 6:52:27 AM PST by ProtectOurFreedom
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To: bestintxas

The original meaning of “infringe” is

Not different than today.

Words MEAN things.


18 posted on 12/03/2014 6:55:16 AM PST by kinsman redeemer (The real enemy seeks to devour what is good.)
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To: bestintxas
The right is to keep and bear arms. Full stop.

Nothing is said about any restriction. It was presumed that if you were dangerous and a bully who carried the problem would work it's self out naturally because everyone else would be carrying as well.

19 posted on 12/03/2014 6:55:29 AM PST by Harmless Teddy Bear (Proud Infidel, Gun Nut, Religious Fanatic and Freedom Fiend)
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To: bestintxas

The bearing of arms, whether openly or concealed, is a fundamental human right.


20 posted on 12/03/2014 6:56:21 AM PST by NorthMountain
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