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Your right to armed self-defense
Posted: Tue Jun 29, 2010 1:08 pm
by rob845
OK, other threads are talking about the decision....
http://online.wsj.com/article/SB1000142 ... 09426.html" onclick="window.open(this.href);return false;
"WASHINGTON—The Supreme Court Monday extended nationwide the
right to armed self-defense, a historic conclusion to an age-old battle over the meaning of the Second Amendment........."
To me I think that this will be a very touchy part.... If everyone has the right to armed self-defense do we need a license to CC? what about open carry? will it become legal to open carry and you need a license to CC? as we all know self-defense do not only happen in the home, it can happen at Walmart, your local mall, leaving the late showing of a movie.... etc... so if its our legal right, will we need a licence to carry?
Mt CHL does not expire for ~3 years so it will be with me at all times....
Re: Your right to armed self-defense
Posted: Tue Jun 29, 2010 1:13 pm
by Purplehood
I think that the most immediate impact is that reciprocity is going to gain widespread acceptance, and I mean that for all sorts of gun related issues not just licensing.
Re: Your right to armed self-defense
Posted: Tue Jun 29, 2010 1:26 pm
by seniorshooteress
I don't mind having to get the license part. Just wish the license would last 10yrs (like a passport) before having to renew. No ones fingerprints change; weight , hair color and address might. If we have to renew every 4-1/2 years at least we should be able to do it like with driver license renewal - on line. Just pay the required amount and wait for it to come in the mail. Does anyone know what all the CHL fee's, collected by DPS, are spent on?
Re: Your right to armed self-defense
Posted: Tue Jun 29, 2010 3:15 pm
by A-R
rob845 wrote:OK, other threads are talking about the decision....
http://online.wsj.com/article/SB1000142 ... 09426.html" onclick="window.open(this.href);return false;
"WASHINGTON—The Supreme Court Monday extended nationwide the
right to armed self-defense, a historic conclusion to an age-old battle over the meaning of the Second Amendment........."
To me I think that this will be a very touchy part.... If everyone has the right to armed self-defense do we need a license to CC? what about open carry? will it become legal to open carry and you need a license to CC? as we all know self-defense do not only happen in the home, it can happen at Walmart, your local mall, leaving the late showing of a movie.... etc... so if its our legal right, will we need a licence to carry?
Mt CHL does not expire for ~3 years so it will be with me at all times....
I think these questions and many more will be answered in the giant pile of new lawsuits rolling down the hill that will all be based on this ruling.
I just hope no one over reaches trying to get an absolutist ruling (any person any gun any time anywhere, to quote Brady bunch leader Helmke) and ends up costing us already established rights. Still working all this out in my head so don't have a firm example of my fear in this area, but something like a case of someone trying to make all machine guns legal and ends up with a ruling saying machine guns or any gun that can be made to fire full automatic are subject to regulation as the states see fit, which would give the states permission to ban ARs and AKs etc.
Totally non-expert crystal ball: I think the next few rulings will be "smaller" - the South Carolina disaster gun grab for instance, and repealing assault weapon bans and "hi-cap" magazine bans in places like Kalifornia, NY, and Mass.
But I do hope in the not to distant future someone pushes to expand Heller/McDonald rulings to apply to ANY PUBLIC AREA, meaning you have the right not only to possess (to "keep" in terms of 2A wording) but also to carry (to "bear" in 2A wording) firearms for self defense in any publicly accessible portion of this country .... even if only applied to "Federal property" like Heller, this could be a huge win for us ... no more problems carrying in post offices or other "Federal" property (COE lakes etc).
I don't really care much whether the right to carry is ultimately defined as concealed or not, but I think it makes more sense under 2A to say that open carry is legal or that ANY carry is legal, open or concealed. Wouldn't make sense to define the 2A right to "bear arms" as ONLY concealed carry.
Re: Your right to armed self-defense
Posted: Tue Jun 29, 2010 3:48 pm
by ELB
rob845 wrote:OK, other threads are talking about the decision....
http://online.wsj.com/article/SB1000142 ... 09426.html" onclick="window.open(this.href);return false;
"WASHINGTON—The Supreme Court Monday extended nationwide the
right to armed self-defense, a historic conclusion to an age-old battle over the meaning of the Second Amendment........."
To me I think that this will be a very touchy part.... If everyone has the right to armed self-defense do we need a license to ...
In
Heller, all nine justices agreed on (at least) two things: 1)the 2A protects an individual right, and 2) that right may be regulated. (They disagreed on one specific aspect of the regulation: whether handguns could be banned or not. That's where the 5-4 came from. ) I haven't had time to read all of McDonald, but I doubt anyone changed position on any of these things.
So no, you are not going to see the end of licenses and such, at least not from Heller and McDonald, and not any time soon in any case. Banning handguns is not constitutional...regulating them to some degree is.