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Concealed Carry: Gun Control Cases

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INTRODUCTION Guns. It is a topic that the Supreme Court hasn’t dealt with since Heller v. District of Columbia in 2008, and they have not looked poised to take it on anytime soon. However, a new case has found it’s way into the 9th Circuit: Peruta v. San Diego County. Due to the duration of time between Heller and Peruta the courts have been forced to rule on Second Amendment cases without the guidance of the Supreme Court. Peruta is now forcing the courts to begin examining the Second Amendment again and looking into what rights American citizens are given from it. This case has risen several questions that concerned citizens want the court to finally answer: What will happen to gun rights around the country if the case is ruled in favor of …show more content…

The review expanded from pre-Second Amendment times in England and up through the 1800’s America. From their historical review, the court determined that beneath English laws concealed carry has been regulated and prohibited since the mid 1500’s. The court viewed the Second Amendment narrowly, taking note that the Second Amendment does not explicitly say that citizens have the right to “carry concealed.” Due to the consistency of state courts ruling on the Second Amendment and concealed carry the en banc court held that the Second Amendment does not, to any degree, guarantee any citizen the right to carry concealed firearms in …show more content…

Four dissenting judges believed that the full legal context of the Second Amendment should have been reviewed. Heller v. District of Columbia was brought into question for the dissent and how it addressed concealed carry restrictions. According to the dissent the Heller case ensured that the government was not to deprive its citizens of a constitutional right to carry firearms and that concealed carry extended beyond private property. In a separate dissent, Judge Silverman and Judge Bea argued that the near complete refusal of certain counties to administer concealed carry permits would fail to pass any form of scrutiny. The dissent also stated that, while statistically insignificant, concealed carry may not reduce the violent crime rates; however, they do not contribute to more of it. For the dissent, Peruta is not necessarily about just the right to conceal carry but instead the full context of the Second Amendment which states the people have the right to bear

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C. Precedent The law is unconstitutional not only due to the meaning of the text itself, but also from many cases of precedent. District of Columbia v. Heller, 554 U.S. 570 (2008) and McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) have already established the importance of the Second Amendment, but there are other cases as well that back up the courts decision claiming the ban on carrying a concealed weapon is unconstitutional. In Bliss v. Commonwealth, 2 Litt. 90, (KY 1822), established that the right to bear arms was for defense against themselves and the state. This case consisted of a man carrying a concealed weapon in his cane and it is similar to the one in which we face today.

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This law is a clear violation of the fundamental right to keep and bear arms. The wording of the Second Amendment is clear and does not mention anything regarding regulations. We as the court must ignore the

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Why 2nd Amendment Is So Popular Background Information The second amendment is probably the most controversial amendment in the Bill of Rights. The second amendment is stated in the Bill of Rights as, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed"(“Second Amendment”) This could mean that you have the right to possess a small gun for self-defence purposes only, but the real meaning is a very controversial argument. Focusing on this amendment is important because it is a very disputed amendment still debated today.

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David E. Vandercoy’s 1994 article, “The History of the Second Amendment,” appeared originally as 28 Val. L. Rev. 1007-1039 in Valparaiso University Law Review. Long overlooked, the Second Amendment has become the entity of some study and much discussion. The United States is the first country of its kind because of strong minded men and women who fought against all odds David E. Vandercoy (1994) addresses the history of the Second Amendment and attempt to define its original intent; not suggesting it is controlling. He quotes George Washington about how in order to preserve the rest of liberty, depending on the situation and circumstance, individuals entering into society must give up a share of it.

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Justices Breyer, Ginsberg, Souter, and Stevens were those who dissented. I found the dissent opinion written by Breyer to be very interesting. Justice Breyer concluded, “a sounder approach would be a “balancing test” that focuses on “practicalities” (Rose, August 20, 2010, Pg. 1). To me this sounds as if government agents would have the right to determine how practical a citizen’s constitutional rights are and limit those rights by their will. Furthermore, Breyer believe that by taking account of the evidence of gun crime and gun violence relative to location the ban would be constitutional.

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Today, on March 18th, 2008 we are discussing whether the District of Columbia’s has violated the Second Amendment with laws that prohibit handguns. I contend that these restrictions are not a violation of the Second Amendment. Specifically, I will address how the constitution relates to Dick Heller and the restrictions. The District of Columbia’s restrictions prohibit handguns from being licensed and brought into any home. In addition, if the firearm is licensed it must be “unloaded and disassembled or bound by a trigger lock unless they are located in a place of business or are being used for lawful recreational activities”.

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Hamilton’s case, we notice that if the court deems the “good cause” law a presumptively constitutional statute she will have no Second Amendment protection afforded to her. Furthermore, if this case is followed as precedent the court may deem that the “good cause” requirement may pass the appropriate level of scrutiny. The court may search for a clear and substantial government interest that justifies the good cause requirement as the court did in Drake. In addition, the court may rule that the Second Amendment does not apply to concealed carry outside of the home, thereby dissolving any argument that Ms. Hamilton could produce.

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Article III of the United States Constitution delineates the role of our Judicial Branch of Government to afford justice to all people. Indeed, ”To the letter of the law” leaves many in the legal system scratching their heads over their obligations to translate, as well as, deliver justice. Unfortunately, as society evolves, the parameters of any written laws may be construed differently and our judicial system is put to task in arbitrating the rights and restrictions of citizens. One such case, McDonald v. Chicago, captivated the nation in 2010 regarding the 2nd Amendment to the constitution. Clearly stated, the 2nd Amendment reads, “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”.

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The Concealed Carry Reciprocity Act of 2017 Concealed Carry is something that many people in today’s society think is a bad thing, but it is really not as long as the user uses it responsibly and correctly. This paper will examine first off what is Concealed Carry; Concealed Carry is the concealment of a firearm that is carried by a person in public and is only to be used if necessary. Currently every eligible man and woman is allowed a Concealed Carry License. These laws should remain in place because people need to be able to protect themselves, their family, and others; it also deters crime, and is the right given to the Citizens of the United States by the Second Amendment. The H.R. 38: Concealed Carry Reciprocity

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The question on whether the 2nd Amendment in the U.S. should be changed or not has become a widely discussed and argued topic as of recent, due to recurring incidents of shootings occurring on U.S. soil by its own inhabitants. While many would be in support of the right to bear arms, including myself, I do believe that the current gun laws need to be made more restrictive than they are in their current state, for the sake of the country and the safety of its people. I’m well aware that I am not a U.S. citizen and that I have no say in what decisions are made there regarding the country’s constitution, but I feel that what I have to say is shared by many of America’s people and that it’s not only Americans that are affected by guns but also those who are visiting the country from abroad. There are many problems regarding America’s very unrestrictive gun laws at present, whether it’s the fact that there is no federal minimum age for possession of a long gun, or the fact that individuals don’t

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The Supreme Court has ruled that concealed carry is in fact covered under the second amendment as a form of protection and crime deterrent. Concealed carry is a very controversial topic, but the idea that it should be legal is the obvious, and most common thought, among many Americans. There are many good reasons why the concealed carry of legalized firearms should be allowed; for example, people would have better protection from criminals, and the fact that crime rates have been proven to decrease. While there are many strong reasons that concealed carry should be lawful, one that serves as an extreme benefit to society would be the notion that being armed would better help to keep people safe from the ones who do not abide by the laws. On connectusfund.org, an article entitled “8 Significant Pros and Cons of Concealed Carry” stated that “This [fact] is further supported by statistics based on a 2000 analysis by John Lott that showed a decrease in murders, rapes and aggressive assaults by 8.5%, 5% and 7%, respectively in states that allow concealed carry.”

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The Second Amendment of the U.S. Constitution states, “A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” The forefather’s intention in giving this right to the citizens of the United States was to protect and ensure that one was capable to defend himself from the government and be free of the military and keep the government in check if it were to try to control its people. The right to keep and bear arms was given because at the time the British government had outlawed the possession of arms by citizens so that the British military could control the citizens and the forefathers knew that to keep the government in check and prevent total control by the military the citizens must have the right to keep bear arms. Many Colorado and other U.S. citizen’s feel their constitutional right was infringed on when the State of Colorado outlawed the possession, sale or transfer of a large capacity magazine in 2013. This law was enacted specifically to individuals possessing (owners of such magazines prior to July 1, 2013 were grandfathered in and allowed to keep and possess magazines with 15+ rounds), selling or transferring any magazine that could hold over 15 rounds of ammunition

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The right to bear arms has been a controversial issue ever since James Madison established it as the second amendment of the constitution. The second amendment states, “A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed” (US Const. amend. II). Those in favor of the second amendment, believe that arms are used for protection, dangerous situations, and sports.

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