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First Circuit Court of Appeals Rule No Right to Bear Arms Outside the Home
Ammoland ^ | 2 November, 2018 | Dean Weingarten

Posted on 11/08/2018 10:09:02 AM PST by marktwain

On 2 November 2018, the First Circuit Court of Appeals held the Second Amendment effectively does not apply outside the home.  From uscourts.gov:

This case involves a constitutional challenge to the Massachusetts firearms licensing statute, as implemented in the communities of Boston and Brookline. All of the individual plaintiffs sought and received licenses from one of those two communities to carry firearms in public. The licenses, though, were restricted: they allowed the plaintiffs to carry firearms only in relation to certain specified activities but denied them the right to carry firearms more generally. 

The plaintiffs say that the Massachusetts firearms licensing statute, as implemented in Boston and Brookline, violates the Second Amendment. The district court disagreed, and so do we. Mindful that “the right secured by the Second Amendment is not unlimited,” District of Columbia v. Heller, 554 U.S. 570, 626 (2008), we hold that the challenged regime bears a substantial relationship to important governmental interests in promoting public safety and crime prevention without offending the plaintiffs' Second Amendment rights. Accordingly, we affirm the district court's entry of summary judgment for the defendants. In the last analysis, the plaintiffs simply do not have the right” to carry arms for any sort of confrontation” or “for whatever purpose” they may choose. Id. at 595, 626 (emphasis omitted). 

The Court specifically said the decision applies to both open and concealed carry of handguns. They reserved the power to infringe on concealed carry more than open carry.

Judge Selya wrote the decision for the unanimous three-judge panel. They held that allowing police to decide if a citizen has a “need” to carry a gun outside the home allows sufficient

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


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Massachusetts
KEYWORDS: 1stcircus; 2ndamendment; banglist; bearingarms; firstcircus; lawsuit; ma; massachusetts; nra; ruling; secondamendment
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The First Circuit has ruled that there is no right to bear arms outside of the home.
1 posted on 11/08/2018 10:09:02 AM PST by marktwain
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To: marktwain

The First Circuit has ruled that there is no right to bear arms outside of the home.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I consider the whole world to be my home so I’m safe with that.


2 posted on 11/08/2018 10:10:33 AM PST by shelterguy
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To: marktwain

This happened on November 2nd and is only now being reported? I don’t have time to read more but am gathering there is more to this, else everyone would have been screaming for the past week. What am I missing here?


3 posted on 11/08/2018 10:10:42 AM PST by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!y)
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To: marktwain

Step 1) Find a replacement for RBG
Step 2) Take this case to the Supreme Court


4 posted on 11/08/2018 10:11:25 AM PST by ClearCase_guy (If White Privilege is real, why did Elizabeth Warren lie about being an Indian?)
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To: marktwain

So everyone else has been getting it wrong the past 231 years, but this 3 judge triad of retards have received the flame of knowledge from Mt. Olympus, and really nailed what the founders REALLY meant?


5 posted on 11/08/2018 10:11:50 AM PST by VanDeKoik
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To: marktwain

Massholes....................


6 posted on 11/08/2018 10:11:57 AM PST by Red Badger (FNo-platform us all you want. Ban us all you want. Smear us all you want. You can’t stop an idea...)
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To: marktwain

I wonder if we will finally get to have this heard by SCOTUS to put an end to this nonsense once and for all. Our founders would have laughed or potentially taken up arms at this ruling.


7 posted on 11/08/2018 10:11:59 AM PST by E Pluribus Bellum
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To: marktwain

Because well-regulated militias restrict themselves to their homes, right? These judges are just too deep for my puny mind.


8 posted on 11/08/2018 10:12:14 AM PST by rightwingcrazy
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To: marktwain

Wrong. And I ain’t even a lawyer.


9 posted on 11/08/2018 10:12:29 AM PST by rktman (Enlisted in the Navy in '67 to protect folks rights to strip my rights. WTH?)
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To: marktwain

Someone should ask this court about other rights, like speech, assembly, or maybe the 4th only applies in a home also?


10 posted on 11/08/2018 10:12:39 AM PST by rigelkentaurus
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To: VanDeKoik
So everyone else has been getting it wrong the past 231 years, but this 3 judge triad of retards have received the flame of knowledge from Mt. Olympus, and really nailed what the founders REALLY meant?

Yes, you’ve got it exactly!
11 posted on 11/08/2018 10:12:49 AM PST by E Pluribus Bellum
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To: marktwain

This should go straight to the SCOTUS. And Trump needs to keep draining the judicial swamp...


12 posted on 11/08/2018 10:13:23 AM PST by EagleUSA
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To: marktwain

The supremes need this case.


13 posted on 11/08/2018 10:13:34 AM PST by exnavy (America: love it or leave it.)
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To: ClearCase_guy

The opinion is clearly flawed. They cited a part of Heller that was effectively overturned by McDonald vs. Chicago that applied Heller’s narrow, DC-only ruling to all of the states. McDonald is the decision that names handgun ownership as an individual right (so long as a weapon can be “beared”), not Heller.


14 posted on 11/08/2018 10:13:49 AM PST by jyo19
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To: marktwain

Maryland is pretty much the same.

Special rules for transport and those requiring a gun for their jobs.


15 posted on 11/08/2018 10:14:11 AM PST by sickoflibs ('Equal protection' only applies to illegals not you!)
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To: ClearCase_guy

the SCOTUS ALMOST ruled the exact same thing. ONE vote saved the 2A in Heller v DC. Read the dissenting opinions, and you’ll freak out!

How did this circuit court not rely on the settled law in Heller v DC?


16 posted on 11/08/2018 10:14:38 AM PST by Carlucci
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To: VanDeKoik

plaintiffs simply do not have the right” to carry arms for any sort of confrontation” or “for whatever purpose” they may choose...

Whoever said they did??!!

They make it sound like everyone carrying a gun is looking for a shootout


17 posted on 11/08/2018 10:15:27 AM PST by dp0622 (The Left should know if Trump is kicked out of office, it is WAR!)
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To: shelterguy

How about the Homeless?


18 posted on 11/08/2018 10:15:29 AM PST by Scrambler Bob (You know that I am full of /S)
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To: marktwain

https://en.wikipedia.org/wiki/Caetano_v._Massachusetts

Bear Arms isn’t just a Halloween costume.


19 posted on 11/08/2018 10:15:46 AM PST by Snickering Hound
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To: marktwain

So we’re back to being subjects and not citizens? A police officer, who in many cases is an individual who couldn’t get into trade school or a good college, is going to decide whether I’m able to arm myself?


20 posted on 11/08/2018 10:16:48 AM PST by 2ndDivisionVet (You cannot invade the mainland US. There'd be a rifle behind every blade of grass.)
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