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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #801  
Old 10-21-2018, 7:49 PM
TruOil TruOil is offline
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Originally Posted by Peaceful John View Post
If we're voting, I think the preferred conclusion would be that open carry is the enumerated right. We've seen much mischief in Florida when a sidearm is inadvertently exposed. On the other side, it's reasonable to believe that if open is the right, concealed cannot be far behind.
Concealed carry will follow close on only if the politicians determine that shaming and SWATting are insufficient to discourage people from exercising their right to open carry, and that it is preferable, in the interest of public safety, to allow for shall issue CCW. Best not to scare the sheep.

Personally, I think that SCOTUS should decide that "carry" is the right, and give states the choice (on a shall permit basis) on the manner in which carry, open only, concealed only, or both, will be regulated.
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  #802  
Old 10-21-2018, 8:24 PM
mrrabbit mrrabbit is offline
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Originally Posted by TruOil View Post
Concealed carry will follow close on only if the politicians determine that shaming and SWATting are insufficient to discourage people from exercising their right to open carry, and that it is preferable, in the interest of public safety, to allow for shall issue CCW. Best not to scare the sheep.

Personally, I think that SCOTUS should decide that "carry" is the right, and give states the choice (on a shall permit basis) on the manner in which carry, open only, concealed only, or both, will be regulated.
SCOTUS in Heller, and all previous precedent cases it referenced and/or cited have already established KEEP (own/possess) AND BEAR (carry) as part of the right.

And they made it crystal clear, OC is the mode of exercise, CCW can be prohibited. But they also made it crystal clear the right can be regulated - that means its PARTICULARS as well.

Again, read Heller v. DC, read the list of precedent cases it references, pull up a dozen or so from the Guncite website...read 'em yourself.

Problem is, some states just don't care, (Florida and California) . . . SCOTUS enforcement power is only as good as the willingness of the system to respect their decision.

As I have stated many many times before - key politicians have to be booted out of office, key bureaucrats have to be fired/released before the rest return to their proper place.

That's the preferred revolution, . . . we'd rather not have the other kind.

=8-|
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Justice Thomas: " I find it extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen. "
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