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U.S. Constitution Title: Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry Peruta v San Diego Cty, no 2nd Amdt right to concealed Carry Peruta et al v County of San Diego et al, 10-56971 (9th Cir, 9 Jul 2016)
OPINION Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 13. "We hold that the Second Amendment does not preserve or protect a right of a member of the general public to carry concealed firearms in public." The U.S. Supreme Court in Heller said nothing about concealed carry. Meaning the lower courts are free to interpret "bear arms" as they see fit. Their decisions, of course, only apply to their jurisdiction.
#2. To: misterwhite (#1)
The U.S. Supreme Court in Heller said nothing about concealed carry. Meaning the lower courts are free to interpret "bear arms" as they see fit. Their decisions, of course, only apply to their jurisdiction. Heller incorporated the 2nd Amendment against the Federal District of Columbia in 2008, but left the status of incorporation against the States undeclared. Opinion of the Court by Scalia. McDonald incorporated the 2nd Amendment against the States in 2010. Opinion of the Court by Alito. While the right to keep and bear arms in protected by the 2nd Amendment, the amendment does not state, claim, or imply that it either created or defined the right to keep and bear arms. The Framers felt no need to define what were, to them, the well known terms of English common law which had prevailed in the colonies and which were carried forth in the States after the revolution. The 2nd Amendment makes no allusion of the right to carry concealed weapons. I know of no law specifically for or against concealed carry from that era. The earliest concealed carry laws appear to have cropped up in 1813 in Kentucky and Louisiana. At the time, the 2nd Amendment did not apply to the States. Concealed carry may just not have been an issue back before the Constitution and Bill of Rights. Heller and McDonald make clear that the right to keep and bear arms is rooted in the English common law and that "the right to keep and bear arms is not 'a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.'" Under Heller and McDonald it appears that there is nothing prohibiting a State from regulating or prohibiting the concealed carry of handguns. Prohibiting the carrying of handguns was held unconstitutional, but allowing open carry satisfies that. Of course, if Hillary appoints three or four justices to the Supreme Court, it may find that "common sense" regulations disarming United States civilians are lawfully justified by some emanation from some penumbra. McDonald at 20-21:
Heller makes it clear that this right is “deeply rooted inthis Nation’s history and tradition.” Glucksberg, supra, at 721 (internal quotation marks omitted). Heller explored the right’s origins, noting that the 1689 English Bill of Rights explicitly protected a right to keep arms for self defense, 554 U. S., at ___–___ (slip op., at 19–20), and that by 1765, Blackstone was able to assert that the right to keep and bear arms was “one of the fundamental rights of Englishmen,” id., at ___ (slip op., at 20). McDonald at 39-40:
It is important to keep in mind that Heller, while striking down a law that prohibited the possession of handguns in the home, recognized that the right to keep and bear arms is not “a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” 554 U. S., at ___ (slip op., at 54). We made it clear in Heller that our holding did not cast doubt on such longstanding regulatorymeasures as “prohibitions on the possession of firearms by felons and the mentally ill,” “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.” Id., at ___–___ (slip op., at 54–55). We repeat those assurances here.Despite municipal respondents’ doomsday proclamations, incorporation does not imperil every law regulating firearms. McDonald at 40:
Municipal respondents suggest that the Second Amendment right differs from the rights heretofore incorporated because the latter were “valued for[their] own sake.” Id., at 33. But we have never previously suggested that incorporation of a right turns on whether it has intrinsic as opposed to instrumental value, and quite a few of the rights previously held to be incorporated—for example the right to counsel and the right to confront and subpoena witnesses—are clearly instrumental by any measure. Moreover, this contention repackages one of the chief arguments that we rejected in Heller, i.e., that the scope of the Second Amendment right is defined by the immediate threat that led to the inclusion of that right in the Bill of Rights. In Heller, we recognized that the codification of this right was prompted by fear that the Federal Government would disarm and thus disable the militias, but we rejected the suggestion that the right was valued only as a means of preserving the militias. 554 U. S., at ___ (slip op., at 26). On the contrary, we stressed that the right was also valued because the possession of firearms was thought to be essential for self-defense. As we put it, self-defense was “the central component of the right itself.” Ibid.
#4. To: nolu chan (#2) "The earliest concealed carry laws appear to have cropped up in 1813 in Kentucky and Louisiana" And I believe those laws were against concealed carry, since the only reason to conceal a weapon was evil intent (or some such reasoning).
#7. To: misterwhite (#4) Georgia had a statute of 1837 overturned by the Georgia Supreme Court in 1846. Here the court found banning concealed carry was acceptable, but banning open carry was not. The Georgia case involved both the Federal and State constitutions.
A law which merely inhibits the wearing of certain weapons in a concealed manner is valid. But so far as it cuts off the exercise of the right of the citizen altogether to bear arms, or, under the color of prescribing the mode, renders the right itself useless, it is in conflict with the Constitution, and void.
#8. To: nolu chan, misterwhite, roscoe, Y'ALL --- Three Amigos against our gun rights... (#7) nolu chan (#2) --- "The earliest concealed carry laws appear to have cropped up in 1813 in Kentucky and Louisiana" And, of course, the Constitution last mentioned above in Nunn, ---- was the US CONSTITUTION. Which infuriates you three amigos, who advocate that States can infringe on our gun rights.
#11. To: tpaine, misterwhite, roscoe (#8)
And, of course, the Constitution last mentioned above in Nunn, ---- was the US CONSTITUTION. Of course, Nunn found it constitutional to ban concealed carry. And, the Georgia state court in 1846 cannot overrule the precedent set, and still in effect, by the unanimous U.S. Supreme Court in 1833. To the extent that Nunn is in conflict with Barron, it is null and void. I was well aware of this statement in Nunn and was just waiting for you to demostrate your ignorance. Thanks for playing, loser. Barron v. Baltimore, 32 U.S. 243, 247-48 (1833) Opinion of the Court, Chief Justice Marshall (7-0) https://supreme.justia.com/cases/federal/us/32/243/case.html
U.S. Supreme Court There is no doubt about what Barron said. Montañez v. State Ins. Fund, 91 F.Supp.3d 291 (D.P.R. 2015)
The Fifth Amendment's Due Process right stems from the following provision: “[n]o person shall be ... deprived of life, liberty, or property, without due process of law ...” U.S. Const. amend. V. However, the Supreme Court interpreted the first ten amendments of the constitution (the Bill of Rights) to be enforceable only against the federal government. Barron v. City of Baltimore, 32 U.S. 243, 7 Pet. 243, 8 L.Ed. 672 (1833) (“The constitution was ordained and established by the people of the United States for themselves, for their own government, and not for the government of the individual states.”). Subsequently, the Fourteenth Amendment—which contains its own Due Process clause—was enacted. The Fourteenth Amendment provides that “[n]o state shall ... deprive any person of life, liberty, or property, without due process of law.” (emphasis provided). U.S. Const. amend. XIV, § 1.
#13. To: nolu chan (#11) "Mr. Chief Justice MARSHALL delivered the opinion of the court." Lest we forget, John Marshall was one of the Founding Fathers. He would know what he's talking about.
Replies to Comment # 13. #14. To: misterwhite, Y'ALL (#13) Mr. Chief Justice MARSHALL delivered the opinion of the court." John Marshall was a founding father who insisted that States could ignore our individual rights as outlined in the Constitution. And lest we forget, misterwhite insists that States can ignore our right to bear arms.
#19. To: misterwhite (#13)
Lest we forget, John Marshall was one of the Founding Fathers. He would know what he's talking about. In Congressional debate in 1789, even the congressmen said the then-proposed amendments applied only to the Federal government. One hopes that at least a couple of them knew what they were talking about. The Congressional Register, First Congress, 2nd Ed., Vol. 2 (1790), In context, in all cases when reference was made to "the government," the Federal congressmen referred to the Federal government, and not to the several State governments, as is clear when one considers Mr. Hartley's statement "that all the rights and powers that were not given to the government, were retained by the states and the people thereof...." In its final version, this appeared as Amendment Nine, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." August 15, 1789 Page 194:
The house then resolved itself into a committee of the whole on the amendments to the constitution. Page 197:
The next clause of the 4th proposition was taken into consideration, and was as follows: "The freedom of speech and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances shall not be infringed." Page 197:
Mr. BENSON. Page 198:
Mr. HARTLEY Page 203:
Mr. GERRY
= = = = = = = = = = John Marshall in the Convention debating the BOR Amendments. http://www.constitution.org/rc/rat_va_13.htm MONDAY, June 16, 1788.[1] The Convention, according to the order of the day, again resolved itself into a committee of the whole Convention, to take into further consideration the proposed plan of government. Mr. WYTHE in the chair. [The 8th section still under consideration. See page 378.] [1. Elliot misprinted this as Monday, June 14, 1788.] [excerpt]
Mr. JOHN MARSHALL = = = = = = = = = = James Madison letter to Thomas Jefferson of October 17, 1788, excerpt.
It is true nevertheless that not a few, particularly in Virginia have contended for the proposed alterations from the most honorable & patriotic motives; and that among the advocates for the Constitution there are some who wish for further guards to public liberty & individual rights. As far as these may consist of a constitutional declaration of the most essential rights, it is probable they will be added; though there are many who think such addition unnecessary, and not a few who think it misplaced in such a Constitution. There is scarce any point on which the party in opposition is so much divided as to its importance and its propriety. My own opinion has always been in favor of a bill of rights; provided it be so framed as not to imply powers not meant to be included in the enumeration. At the same time I have never thought the omission a material defect, nor been anxious to supply it even by subsequent amendment, for any other reason than that it is anxiously desired by others. I have favored it because I supposed it might be of use, and if properly executed could not be of disservice. I have not viewed it in an important light—1. because I conceive that in a certain degree, though not in the extent argued by Mr. Wilson, the rights in question are reserved by the manner in which the federal powers are granted.
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