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Second Amendment applies to carrying guns in cars (Ohio Court of Appeals, State v. Shover)
The Washington Post's The Volokh Conspiracy ^ | February 7, 2014 | Professor Eugene Volokh

Posted on 02/10/2014 8:49:32 AM PST by 2ndDivisionVet

Edited on 02/10/2014 9:53:38 AM PST by Admin Moderator. [history]

I concur in judgment only on the basis that I would conclude that the individual right to bear arms contained in the Second Amendment extends to motor vehicles….


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


TOPICS: Constitution/Conservatism; Government; US: Ohio
KEYWORDS: 2ndamendment; banglist; ohio; secondamendment

1 posted on 02/10/2014 8:49:32 AM PST by 2ndDivisionVet
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To: 2ndDivisionVet; ADemocratNoMore; Akron Al; arbee4bush; agrace; ATOMIC_PUNK; Badeye; Bikers4Bush; ...

Ohio Ping
So say two of the three judges on an Ohio Court of Appeals panel, in State v. Shover (Ohio Ct. App. Feb. 5, 2014) (Carr, J., concurring in the judgment, with Hensal, J., agreeing on this score) (some paragraph breaks added) — and generally quite correctly, it seems to me:

I concur in judgment only on the basis that I would conclude that the individual right to bear arms contained in the Second Amendment extends to motor vehicles….


2 posted on 02/10/2014 9:01:07 AM PST by Whenifhow
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To: Whenifhow

Of course the individual right to keep and bear arms contained in the Second Amendment extends to motor vehicles.


3 posted on 02/10/2014 9:08:32 AM PST by RC one (Militarized law enforcement is just a nice way of saying martial law enforcement)
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To: Whenifhow

It would seem pretty obvious that the founders didn’t intend to restrict the 2nd to modes of transportation - if they did, would they not have written a clause about horseback/carriages and/or boats/ships - both of which were in common use?

Further, if the military could use methods of transportation but the citizens could not, then it would essentially mute large portions of the right.


4 posted on 02/10/2014 9:08:35 AM PST by chrisser (Senseless legislation does nothing to solve senseless violence.)
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To: Whenifhow

Like Josey Wales’ horse wasn’t also carrying his rifle.


5 posted on 02/10/2014 9:09:21 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Whenifhow

Thanks for posting..


6 posted on 02/10/2014 9:30:51 AM PST by Las Vegas Dave (The democRATic party preys on the ignorant..!)
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To: Whenifhow

Thank you for the post and ping.


7 posted on 02/10/2014 9:32:49 AM PST by TheOldLady
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To: chrisser

Debate should have ended with a reading of the 2nd...’shall NOT be infringed’. No need to every contemplate re: mode of transportation.

Sounds like @ least one judge needs to go buh-bye.


8 posted on 02/10/2014 10:02:45 AM PST by i_robot73 (Give me one example and I will show where gov't is the root of the problem(s).)
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To: i_robot73

“’shall NOT be infringed’”

The emphasis needs to be on “the right of the people to keep and bear arms”, which series of words is insufficiently defined.

If something is not covered by the definition of “the right of the people to keep and bear arms”, then infringing that something is not an infringement of “the right of the people to keep and bear arms”.


9 posted on 02/10/2014 11:24:14 AM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: i_robot73
One judge has a personal and political Agenda and needs to be weeded out.
Tar and Feathers would be a good start.
10 posted on 02/10/2014 11:30:14 AM PST by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: KrisKrinkle
If something is not covered by the definition of
“the right of the people to keep and bear arms”,
then infringing that something is not an infringement
of “the right of the people to keep and bear arms”.

So if the Constitution does not say the Gov cannot do a specific something,
they can do anything outside of the specifics?

Maybe you didn't post your complete thoughts. Or forgot the /S tag.

11 posted on 02/10/2014 11:35:56 AM PST by MaxMax (Pay Attention and you'll be pissed off too! FIRE BOEHNER, NOW!)
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To: Whenifhow

Using MM “logic”, the First Amendment should apply only to the print media, since we didn’t have radio, TV, cable or internet in the 1700s.


12 posted on 02/10/2014 12:13:34 PM PST by B4Ranch (Name your illness, do a Google & YouTube search with "hydrogen peroxide". Do it and be surprised.)
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To: MaxMax
So if the Constitution does not say the Gov cannot do a specific something, they can do anything outside of the specifics?

Where did that come from? What does it have to do with what I wrote about which is that the emphasis needs to be on "the right of the people to keep and bear arms" and the insufficient definition of those words?

I suppose that if a constitution does not say a government cannot do a specific something, that government can do anything outside of that specific thing if the government is otherwise empowered to do so. But all that is beyond what I wrote about.

13 posted on 02/10/2014 6:56:40 PM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: KrisKrinkle

Unfort., no matter which phrase one begins the ‘debate’ the oligarchy will twist and skew as it needs to keep the $$ flowing.


14 posted on 02/21/2014 8:49:20 PM PST by i_robot73 (Give me one example and I will show where gov't is the root of the problem(s).)
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