Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: mountainlion
Sounds like a fantastically narrow precedent. It did not find that Colorado could uniformly deny its own citizens concealed-carry permits (nor, however did it explicitly say it couldn't.) Rather, Colorado was not obliged to offer concealed-carry permits to non-residents. Effectively, the plaintiff could carry a concealed weapon, but only in his own state; while travelling through Colorado, it could not be concealed.

Given the basis for the 2nd amendment (protection from tyranny), it's hard to figure how someone from Florida is protecting himself from tyranny by carrying a gun in Colorado. In fact, the reasonableness of the 2nd amendment would be undermined were resistors against government oppression were not, in fact, subjects of that oppression.

Nor does the case reach as far as the article implies it does. The article cites Heller as upholding "longstanding prohibitions," but in the cited content from Heller, the article reveals how this is a fantastically qualified sentence:

"...shall not cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms,”
In other words, the Supreme Court has upheld only certain reasonable regulations on the right to bear arms, one of which being the states' ability to require concealed-carry permits. The clear implication from the court is that the decision may have been significantly different if the plaintiff was one of the sheriff's own constituents.
7 posted on 02/25/2013 1:31:10 PM PST by dangus
[ Post Reply | Private Reply | To 2 | View Replies ]


To: dangus

To be clear:

The problem is that the plaintiff does not provide a reasonable remedy.

If Colorado offers a concealed-cary permit to someone who is not a resident of Colorado, than anyone from a state which has reciprocal recognition of licenses can seek a license in Colorado to get around their own state’s licensing. Presumably, their own state has more information on which to decide if the permit should be issued.

If the court forces a state to have reciprocal licensing of all other states, then if any state DOES issue out-of-state licenses, the least regulated state essentially licenses all other states.

The only real option that court had to allow the plaintiff to get a concealed-carry permit would be to decide in favor of a universal right to concealed carry, which is not consistent with the common law on which the 2nd amendment was based.


10 posted on 02/25/2013 1:43:12 PM PST by dangus
[ Post Reply | Private Reply | To 7 | View Replies ]

To: dangus

Oops: Cut and paste screw up. (I changed an argument, without changing the conclusion.)

The problem with a universal right to a concealed carry is not that it’s inconsistent with the common law on which the 2nd amendment is based, but that Heller explicitly gave the states the right to keep guns out of the hands of crazies, etc., which would be inconsistent with a universal right to concealed carry.


11 posted on 02/25/2013 1:45:51 PM PST by dangus
[ Post Reply | Private Reply | To 7 | View Replies ]

To: dangus

Plaintiff shot himself in the foot by not maintaining an objection to Denver ordinance that (in combination with denying non-residents CCW) prohibits all non-residents from all carry.


12 posted on 02/25/2013 1:50:49 PM PST by Cboldt
[ Post Reply | Private Reply | To 7 | View Replies ]

Rl


36 posted on 02/25/2013 10:19:28 PM PST by cyn (Benghazi...the travesty continues.)
[ Post Reply | Private Reply | To 7 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson