With luck, President Trump will appoint another justice before that case is decided.
“the right to ... bear arms” means you may (if the government in its sole discretion deigns to sell you an expensive permit)...carry your pistol from your bedroom to your bathroom?
because King George’s entire invasion force is hiding in there
Also at some point, a decision is going to have to be made as what constitutes “concealed”. For example, If I have a holster with a flap (think civil war holster) is that concealed? What about a carry posture that prints and is obvious but is covered (tight polo shirt over IWB carry)?
I remember when it was open-carry here in SFL. Back when I was too young and stupid and naive and indoctrinated. Used to think that guy carrying his 357 on his belt was a nut.
Geez.
re: “The case started back in 2012, when Dale Lee Norman walked down the street with his pistol showing. He had recently obtained his concealed carry permit, and did not realize that his firearm was completely exposed.”
Poor planning on HIS part, does not create an emergency court case on MY part.
By 2012, there existed over 6,000 videos of ‘for citizens by citizens’, of what constitutes “good concealed carry methods”, available for free on YouTube.
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in 2008 the U.S. Supreme Court revisited the issue in the case of District of Columbia v. Heller (07-290). The plaintiff in Heller challenged the constitutionality of the Washington D.C. handgun ban, a statute that had stood for 32 years. Many considered the statute the most stringent in the nation. In a 5-4 decision, the Court, meticulously detailing the history and tradition of the Second Amendment at the time of the Constitutional Convention, proclaimed that the Second Amendment established an individual right for U.S. citizens to possess firearms and struck down the D.C. handgun ban as violative of that right.
Effectively, under Heller, we have an individual right to keep and bear arms ........ inside our homes.
More especially, it cannot be believed that the large slaveholding States regarded them as included in the word citizens, or would have consented to a Constitution which might compel them to receive them in that character from another State. For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognized 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. And all of this would be done in the face of the subject race of the same color, both free and slaves, and inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.
Here in Virginia, we have free open carry and permitted concealed carry. Incidental exposure of a concealed firearm is not a crime. Intentionally exposing a concealed weapon to induce fear is brandishing and is a crime.
Whenever I go someplace else, I have to worry about things like printing and accidental exposure of my sidearm, which I think is stupid. Other states should just allow open carry and be done with making criminals out of citizens.
I don’t like it, but...
...he’s likely to lose. Why?
The USSC can simply deny cert, thereby cementing the existing result (at least for Florida). Alternatively, the Court could take the case, and easily rule that the state provided a means by which he could bear his arm(s) outside of his home - and he already HAD a permit for that. Thus, according to this (NOT my) reasoning, the state denied him nothing. The latter is a worse result, because it’ll be a definitive denial of a 2nd Amendment right.
I personally believe that anything that was permitted in 1791 - and, arguably, open carry WAS - should be permitted now, the argument being that to be a “right” a thing must apply across all places at all times throughout US history (well, since the adoption of the Constitution or whatever Amendment one is addressing at that moment). Thus, for example, if one John Smith, US citizen, could carry openly in a state at the time the 2nd Amendment was adopted, I believe that John Smith’s 5th great grandchildren should be able to do the same right now, in any jurisdiction within the United States. Similarly, if my grandfathers could have walked into a hardware store in 1933 and purchased a full auto firearm and a 50-round drum magazine with no background check, no tax stamp and no chief LEO approval, so should I be able to do so right now - in any state. But I don’t make the rules.
And while they're at it, can they address "shall not be infringed"?