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View Full Version : Buh Bye Concealed Carry



polski
02-25-2013, 09:21
In case you missed this ruling that came down last Friday from the 10th Circuit.

"The Second Amendment's guarantee of a right to bear arms does not extend to the right to carry a concealed weapon in public, a federal appeals court in Denver has ruled."


I bet dollars to doughnuts this opens the door for the radicals in Denver to move on this.


http://www.denverpost.com/breakingnews/ci_22648641/federal-court-no-second-amendment-guarantee-concealed-carry

d_striker
02-25-2013, 09:24
In case you missed this ruling that came down last Friday from the 10th Circuit.

"The Second Amendment's guarantee of a right to bear arms does not extend to the right to carry a concealed weapon in public, a federal appeals court in Denver has ruled."


I bet dollars to doughnuts this opens the door for the radicals in Denver to move on this.


http://www.denverpost.com/breakingnews/ci_22648641/federal-court-no-second-amendment-guarantee-concealed-carry


Shit.


What about open carry? I don't ever open carry but would be forced to if I couldn't CCW.

merl
02-25-2013, 09:26
open carry can already be banned.


show isn't over, just sets the stage for a SC ruling.

BPTactical
02-25-2013, 09:29
But yet the 7th Circuit in Illinois just ruled Illinois' ban on CC unconstitutional....

polski
02-25-2013, 09:39
Yep, looks like it'll eventually head to the SCOTUS. Hopefully sooner than later.

SA Friday
02-25-2013, 10:46
It should have been addressed in the DC v heller ruling, but they couldn't find their sacks.

Ronin13
02-25-2013, 11:00
That Peterson guy is a POS... It clearly states in CRS that you will be denied for CCW if you're not a resident. But despite that you go and sue... [goFyourself]
ETA: After reading the complaint info, unintended consequences at work here... You sue on grounds of unconstitutionality of a government official's decision (based on state law) and the courts rule on the lack of infringement of constitutional rights = shot to the proverbial foot of all gun owners here in the State.

OneGuy67
02-25-2013, 11:16
Here is the link to the decision in case you wish to read it.

http://www.ca10.uscourts.gov/opinions/11/11-1149.pdf

Skully
02-25-2013, 11:53
That Peterson guy is a POS... It clearly states in CRS that you will be denied for CCW if you're not a resident. But despite that you go and sue... [goFyourself]
ETA: After reading the complaint info, unintended consequences at work here... You sue on grounds of unconstitutionality of a government official's decision (based on state law) and the courts rule on the lack of infringement of constitutional rights = shot to the proverbial foot of all gun owners here in the State.

So right Ronin, the guy is not a resident and sued to say it was his "right," the original intent of his battle was not about the constitunality of CCW but CO would not let him carry here.

..............now this garbage sets a potential precendent for anti 2a to try and get CCW pulled all together.

Telling you, if they use this and keep pushing some people are going to get [handbags]

Kraven251
02-25-2013, 12:03
I don't see them coming after CCW because of this ruling, but I do see them using this to establish ccw bans at the municipal level and citing this.

It would just further my desire to avoid Denver. Though, I also think this will be a different fight once the attempt is made to apply this to CO citizens. I am waiting for the 2014 elections and hoping to get this state back on track.

SA Friday
02-25-2013, 12:44
I don't see them coming after CCW because of this ruling, but I do see them using this to establish ccw bans at the municipal level and citing this.

It would just further my desire to avoid Denver. Though, I also think this will be a different fight once the attempt is made to apply this to CO citizens. I am waiting for the 2014 elections and hoping to get this state back on track.
They will HAVE to come after the current CCW law USING this ruling. The current state law stands. They either have to get it found not legal by court ruling or overturn the law through another law. Considering the 11th's ruling for Illinois, flip a coin. This could go either way, but it will more than likely mean SCOTUS will hear the first appeal that gets to their level on the matter.

And this is why the election was so important. SCOTUS will impact this whole ball of wax, and this administration will do everything to stall any SCOTUS ruling until after they can restack the deck.

OneGuy67
02-25-2013, 13:25
It will only happen if Peterson decides to push the issue. The ruling doesn't automatically go to the SCOTUS, nor are they required to hear it. As it stands now, it is case law for the 10th Judicial District.

spqrzilla
02-25-2013, 14:14
I do not understand why people in this thread are excited about this ruling. It is almost meaningless.

It was always unlikely that anyone was ever going to get concealed carry itself viewed as a constitutional right. There is a long history of the fact that concealed carry was not viewed as a right going back to the 18th Century in this country. Even the Seventh Circuit's surprising opinion does not go that far if you read it, in Illinois it is the combination of no open carry and no concealed carry that is unconstitutional.

This ruling says that Colorado's statute as written is not unconstitutional. It is not the basis for attacking concealed carry in Colorado. What is the basis for attacking Concealed Carry in Colorado is our loss of control of the Colorado legislature to gun-grabbing liberals.

Sawin
02-25-2013, 14:54
Fox just did a video about this. http://video.foxnews.com/v/2188707945001/

josh7328
02-25-2013, 19:23
http://video.foxnews.com/v/2188707945001/do-americans-have-the-right-to-carry-concealed-weapons/ This is terrifying. I hope people will realize what this will mean.

BuffCyclist
02-25-2013, 19:42
Jeez, I don't even know how to comment on this, it would be absolutely horrible!

Is this already in SCOTUS or is it planned to be considered soon? Is there a bill for it or a case or person bringing it to their attention? (I honestly have no idea how SCOTUS works in matters like this, need to do research on it).

Circuits
02-25-2013, 19:45
nowhere near being there

what we have is a "conflict in the courts" where one court of appeals has ruled one way on a constitutional issue, and another appeals court has ruled the other way. This means it will almost certainly be reviewed, at some point in the future, by the SCOTUS. two to five year timeline would be my rough WAG.

blacklabel
02-25-2013, 19:45
Jeez, I don't even know how to comment on this, it would be absolutely horrible!

Is this already in SCOTUS or is it planned to be considered soon? Is there a bill for it or a case or person bringing it to their attention? (I honestly have no idea how SCOTUS works in matters like this, need to do research on it).

There's just speculation that the SCOTUS will hear it due to the contradictory state supreme court rulings.

Flatline
02-25-2013, 19:50
I would guess that if they decide against concealed carry as a second amendment right that the states would still have the right to allow carry. If they feel that it is a right then they will likely force shall issue or interstate reciprocity.

At least this is what I hope.

cysoto
02-25-2013, 19:53
... two to five year timeline would be my rough WAG.

Plenty of time for Obama to appoint another ultra-liberal Supreme Court Justice.

BuffCyclist
02-25-2013, 19:55
There's just speculation that the SCOTUS will hear it due to the contradictory state supreme court rulings.

Gotcha. Well thats what I figured is how the SCOTUS operated, reviewing cases that were ruled on by lower courts, but wasn't sure what the time line was, if there is one or if they were currently reviewing it. Guess I should have payed closer attention to the video than I did.

MarkCO
02-25-2013, 20:02
These were NOT state Supreme court rulings, they were Federal District Court rulings.

BuffCyclist
02-25-2013, 20:17
repost,

here is the original post from earlier TODAY. just add content to the original thread, dont start a new thread

http://www.ar-15.co/threads/91105-Buh-Bye-Concealed-Carry

DAMNIT PEOPLE! Quite being cute with your freaking thread titles! Someone already commented about this in another repost and frankly, this thread title makes so much more sense than that other one. I didn't start this thread, or the other one, but judging from the title of the other thread, I'd say that was about someone losing their rights to CC for some reason.

[facepalm][facepalm]

Yes, this gets two "faceslaps"...

BuffCyclist
02-25-2013, 20:22
And can you believe the number of people that have been derailing threads lately, its ridiculous!

Like that cat thread, people talked about dogs for almost a full page. And in here... [Sofa]