Posted on 11/04/2019 10:04:34 AM PST by Perseverando
The U.S. Supreme Court is being asked to review a case against Maryland's requirement that applicants for concealed-carry permits provide "good and substantial reasons" to fulfill their request.
Gun-rights groups that have filed a brief in the case, contending the law is unconstitutional, say it could have widespread impact.
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The court, said Second Amendment Foundation founder and Executive Vice President Alan M. Gottlieb, "could define the parameters of bearing arms outside the home, and that will impact restrictive laws in several states where carry permits or licenses are strictly regulated, which translates to nearly impossible to get."
SAF was joined by the Firearms Policy Coalition Inc., Firearms Policy Foundation, California Gun Rights Foundation and the Madison Society Foundation in filing the brief through Sacramento attorney Joseph G.S. Greenlee.
The 27-page asks the court to decide "to what extent the right to bear arms applies beyond the home," because the question "has deeply divided lower courts."
It notes that the D.C. and Seventh Circuits held that the right applies just as strongly outside the home as inside the home, while the First and Second Circuits determined that the right likely applies outside the home, but in a weaker form.
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Meanwhile, the Third and Fourth Circuits declined to decide whether the right exists outside the home, and the Ninth and Tenth Circuits held that the right to bear arms does not protect concealed carry.
"Clearly," Gottlieb said, "the lower courts need definitive guidance on this important constitutional issue. What other constitutionally enumerated fundamental right applies only within the confines of the home? It is time the high court takes up this issue to determine whether the Second Amendment vigorously protects a right, or allows states to treat
(Excerpt) Read more at wnd.com ...
You know, the more kinder, gentler 2nd Amendment, 2A-ish... or 2A-Lite
From related threads
The states have given Congress the express 14th Amendment (14A) power to make penal laws to discourage state actors from abridging any of our constitutionally enumerated rights, including 2A.
From the 14th Amendment:
"Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
In fact, the congressional record shows that Rep. John Bingham, the main author of Section 1 shown above, had included 2A when he read the Bill of Rights as main examples of privileges and immunities that 14A applies to the states.
John Bingham, Congressional Globe. (See 2nd Amendment (Article II) about in middle of 2nd column.)
Also consider that the Supreme Court had indicated that 14A gives Congress the power to strengthen constitutionally enumerated protections.
3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added]. Minor v. Happersett, 1874.
H O W E V E R
Were still stick with a worthless Congress left over from the lawless Obama Administration that will predictably continue to sit on its hands while renegade states oppress citizens by trying to take our guns away.
The remedy for constitutionally failed federal and state governments
Patriots need to elect a new patriot Congress in the 2020 election that will not only promise to fully support PDJTs already excellent work for MAGA, now KAG, but will also do the following.
New patriot lawmakers also need to promise to exercise their express 14A power to make penal laws to discourage state actors from abridging constitutionally enumerated protections, including 2A.
Remember in November 2020!
MAGA! Now KAG! (Keep America Great!)
If natural born citizen can be ignored, so can “the right of the people to keep and bear arms shall not be infringed.”
No reciprocity with Texas, either - when I got reassigned to JB Andrews as a reservist, I ended up buying a decent carry knife because I couldn’t bring my weapon.
Depending on the politics of your local sheriff, we have had this bs for decades in California.
― Aleksandr I. Solzhenitsyn
Ill take Government for $200 Alex......
Thanks, this is being borrowed and used.
How about “Even democracies often elect dictators and someday America will elect one and then every American will need to arm themselves to fight oppression. What is legal and moral now can be made illegal tomorrow and peoples can be selected for genocide and I don’t want to be a hopeless victim.”
I was going to visit my daughter at Ft.Carson.
A guard at the gate asked me if i had a weapon.
I didnt lie.
He asked me why i needed a weapon.
I said its not tbe bills of needs, its the bill of rights.
He denied me entry
The Maryland State Police have their eye on you
Good reason is easy: I walk around every day surrounded by human beings, the most unpredictable and potentially dangerous creatures on the planet. When a bad one decides to attack, I want to be able to defend myself.
It’s not complicated.
Good and substantial reason would be to protect myself from the illegal alien criminals that the feds allow into our country.
“Because when seconds count the police are just minutes away.”
I visited Los Angeles in 1987.
I still remember the “Armed Response” signs of private security companies.
Is this already law? If so, why didn’t someone pull a Leftist move and get an injunction against it while appeals could be made? Make it wind its way through the courts, slooooooowly! It’s what Leftists do, right?
That’s the way it works in New Jersey.
Amendment XIV
“Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.”
The legislators of every anti-Second Amendment action need to be barred from public office.
The Florida Legislature needs to be cleansed. Is the NRA up to the job?
Part of the application process is an interview with a police detective.During the interview he,while looking as his computer,said...with disdain in his voice..."well,you've certainly made a few visits to the station (meaning my town's police station). I was offended by his tone of voice (my life has been so "boring" it would make you cry) so I said,rather firmly,"yah,for a couple of years I had a drug dealer living directly below me and if you check your computer you'll find that he did 2 1/2 years in *Federal* prison for heroin and fentanyl distribution".
He didn't care for that answer.And now I fully expect him to,as allowed under my state's laws,to deny my application despite having had a life that's *so* uneventful as to make you cry.
Caetano v Massachusetts ,decided by SCOTUS in 2016...by a 9-0 vote. That shows just what my state's "leaders" think of the US Constitution.
Maryland government officials pass anti Natural Law bills that are nothing more than ‘guns for me but not for thee’.
If the Supreme Court even rules on this, it will be ground-breaking one way or the other.
No reciprocity with Texas, either - when I got reassigned to JB Andrews as a reservist, I ended up buying a decent carry knife because I couldn’t bring my Sigma .40 cal.
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