by Big Dog on Feb 13, 2014 at 16:22 Second Amendment
The Ninth Circuit Court (of all courts) recognized the Second Amendment as applying to carrying (bearing) a firearm outside the home. The case was from San Diego County where people have to show a good reason to get a concealed carry permit (like in Maryland). The Court stated that a review of the history of the nation found ample evidence that supports the right to carry a firearm outside the home.
The Court specifically stated that a state does not have to grant a permit for concealed carry for self defense but elaborated to say that the Second Amendment does require the states to allow some form of carry outside the home.
If a state does not allow concealed carry then it must, by default, allow open carry.
I am sure this is not over because the gun grabbers will continue to fight. But if a fairly liberal Court has looked at our history and affirmed the right to carry a firearm outside the home then it will be up to the Supreme Court to decide any case that is brought regarding this issue. There are several Circuit Courts that have ruled the other way so the SCOTUS will have to decide this one.
Maryland requires a good and substantial reason to get a concealed carry permit and does not allow open carry. The law does not say what a good and substantial reason is but the Maryland State Police, who decide on permits, has determined that people need to carry valuables as part of a business or have documented threats (through police reports). Showing the dangerous environment in the state and stating the permit is for self defense will not get it approved.
With this ruling Maryland will be pressed by pro firearm groups to approve concealed carry permits or allow open carry.
The Ninth made it clear that law abiding citizens have a Constitutionally protected right to carry a firearm outside the home.
Now it will be up to states like Maryland to decide if they want that to be open carry or concealed carry.
This is a big win from an unexpected place.
It would, I might add, be refreshing if all the courts looked at history and what the people who wrote the Second Amendment actually said on the subject. There would be no doubt that the right to keep and bear arms (in or out of the home) is all encompassing and not subject to the whim of some political entity.
I will not hold my breath waiting for the anti Constitutional politicians in Maryland to change the law. They will only do so when pushed by the legal system.
And even then there is no guarantee the state will follow the law…
Keep in mind that gun grabbers only dislike firearms if YOU have them. They have no problems if they decide to own or carry a firearm or to be protected by people with them. If you are part of the political elite you can break the law and then get a waiver or permit when your lawbreaking is discovered.
Never surrender, never submit.
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