Is Open Carry my Constitutional Rigth


Javy

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Is Open Carry my Constitutional Right?

Please help me understand. If Open Carry is part of the 2nd Amendment, why is not legal in all states. What is the Federal AG opinion on this.

Kindly Advise.
 

The AG

Please help me understand. If Open Carry is part of the 2nd Amendment, why is not legal in all states. What is the Federal AG opinion on this.

Kindly Advise.
I think the Fed AG stand on open carry is not going to try to make things better for us in this situation considering he is trying to help unconstitutionally take guns away.
 
The question has been addressed by the federal circuit courts in NYS and MD. One liberal court ruled the second amendment doesn't give anyone the right to carry while the other ruled that it does. The issue is not settled and it doesn't matter what the AG believes.
 
Last year the 7th District Federal Appeals court ruled against Illinois' law banning concealed carry. The Illinois law basically states that your 2nd amendment rights end at your front door/property line. You must place you weapon in a locked case and keep the ammo separate. Only when you arrive at a shooting range or your hunting grounds can you unlock the weapon and have ammo readily accessible. Illinois has until 6/9/13 to place a law on the books addressing this infringement or they will be Federally mandated to allow open/concealed carry. The AG in Illinois is planning an appeal to the SCOTUS which will likely fail wasting more IL tax payer dollars in an already broke state. Three attempts at passing a law for allowing concealed carry have failed. Ironically the issue isn't whether to allow concealed carry or not, the reason they have failed is because the Dems and GOP in the state legislature can't agree on details. Only the Chicago Dems want to fight to keep the current ban in place. One more reason Illinois should push Chicago out to be it's own state.
 
Please help me understand. If Open Carry is part of the 2nd Amendment, why is not legal in all states. What is the Federal AG opinion on this.

Kindly Advise.

Where is it in the 2nd amendment that I can find anything about open carry?

The right to keep and bear arms shall not be infringed

the supreme court has ruled that reasonable restrictions can be within the scope of the 2nd amendment.
what the court didn't do is comment at all about exactly what is and isn't a reasonable restriction
 
The second amendment doesn't address how you bear the arms. Your right to keep and bear arms is an inalienable right given to you by God above, according to the Constitution. The second amendment just informs the Federal Government that they have no authority to infringe on that inalienable right.

Check this out and it will explain the Constitution and the Second Amendment better than you've ever heard, I'll bet: Absolutely Amazing & Eloquent Constitutional Law & Our History Shows Federal gun Control Is Unlawful - YouTube
 
The second amendment doesn't address how you bear the arms. Your right to keep and bear arms is an inalienable right given to you by God above, according to the Constitution. The second amendment just informs the Federal Government that they have no authority to infringe on that inalienable right.

I love that video, but the lady does seem to have a thing for a certain phrase in the Declaration of Independence...kind of disturbing :rolleyes:

But I also agree with "johnmed3" that this guy probably wouldn't let a billygoat cross his bridge.
 
Please help me understand. If Open Carry is part of the 2nd Amendment, why is not legal in all states. What is the Federal AG opinion on this.

Kindly Advise.

The 2nd Amendment doesn't mention open carry. Unless mine is just an outdated version or something
 
Please help me understand. If Open Carry is part of the 2nd Amendment, why is not legal in all states. What is the Federal AG opinion on this.

Kindly Advise.
Open carry is NOT part of the 2A. That's why some states have gotten away with some of the laws that they have concerning how a gun is carried.
 
Where does the 2nd Amendment state I shall be allowed to carry?

"...the right of the people to keep and bear Arms..." <--- where it says the word KEEP and right after says BEAR

Where does it say I can do it openly?

"... shall not be infringed." <----- right there

The problem arises when the Federal government and the State Governments started to not read the last part of the 2A where it says, "shall not be infringed".

They've been infringing and infringing and infringing. The permit system alone is an infringement. The set up of an FFL is an infringement. Magazine restrictions, infringement. Fully vs. semi auto, infringement.

If we really are to KEEP and BEAR arms so that a "well regulated militia" of the people is always in place, then all firearms shall be made accessible.

There is your 2A lesson.
 
I have to laugh at the thought of our attorney general knowing anything...lol...good one.

I have a hard time believing they could comprehend both "keep" and "bear" but that is just my experience..
 
Where does the 2nd Amendment state I shall be allowed to carry?

"...the right of the people to keep and bear Arms..." <--- where it says the word KEEP and right after says BEAR

Where does it say I can do it openly?

"... shall not be infringed." <----- right there

The problem arises when the Federal government and the State Governments started to not read the last part of the 2A where it says, "shall not be infringed".

They've been infringing and infringing and infringing. The permit system alone is an infringement. The set up of an FFL is an infringement. Magazine restrictions, infringement. Fully vs. semi auto, infringement.

If we really are to KEEP and BEAR arms so that a "well regulated militia" of the people is always in place, then all firearms shall be made accessible.

There is your 2A lesson.
great rant, there is only one HUGE flaw with it, the supreme court does not share your interpretations and since they are the final arbiters of what is and is not constitutional and they have ruled that some restrictions can be placed onto the ownership of firearms, you sir are just "whistling dixie", because your rant is just flat out wrong.
 
great rant, there is only one HUGE flaw with it, the supreme court does not share your interpretations and since they are the final arbiters of what is and is not constitutional and they have ruled that some restrictions can be placed onto the ownership of firearms, you sir are just "whistling dixie", because your rant is just flat out wrong.

Being that their voice is supreme over the land, in that, I will have to agree with you. However, this does not mean that I agree with what the Supreme Court has said in a number of things they have ruled on. I still hold firmly that the 2A is a very easy read, the fact that a bunch of lawyers turned SCOTUS don't seem to understand what "shall not be infringed" means does not make me wrong, it leaves me without a voice in the legal system. That, my friend, is wrong.
 
Bare arms, OC, not to bare arms CC. Webster's definition is: Uncover (a part of the body or other thing) and expose it to view: "he bared his chest". I OC/CC about 50% each. NC requires the other 50% to be licensed. Don't agree with it but it is what it is.......

Gee, kinda finalizes for me.
 
Bare arms, OC, not to bare arms CC. Webster's definition is: Uncover (a part of the body or other thing) and expose it to view: "he bared his chest". I OC/CC about 50% each. NC requires the other 50% to be licensed. Don't agree with it but it is what it is.......

Gee, kinda finalizes for me.

Thank you for finally demonstrating the length and breadth of your expertise on this issue. I guess your post count ain't all it's cracked up to be.
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Amendment II - 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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From Websters - (I have deleted the parts not applicable, because the word has SO MANY meanings...)

Definition of BEAR - transitive verb

1

a : to move while holding up and supporting (something)

b : to be equipped or furnished with (something)

c : behave, conduct <bearing himself well>

d : to have as a feature or characteristic <bears a likeness to her grandmother>

e : to give as testimony <bear false witness>

f : to have as an identification <bore the name of John>

g : to hold in the mind or emotions <bear malice>


Examples

— bear arms

1 : to carry or possess arms

2: to serve as a soldier

Bear - Definition and More from the Free Merriam-Webster Dictionary

Oh, mappow - it's Puddle Pirate, not puddle jumper.
 
Being that their voice is supreme over the land, in that, I will have to agree with you. However, this does not mean that I agree with what the Supreme Court has said in a number of things they have ruled on. I still hold firmly that the 2A is a very easy read, the fact that a bunch of lawyers turned SCOTUS don't seem to understand what "shall not be infringed" means does not make me wrong, it leaves me without a voice in the legal system. That, my friend, is wrong.

Yes sir. The supremes have been wrong more times than I can count in so many areas. Prayer in schools and nativity scenes at firehouses, land grabs (New London, CT), you name it. Just because they rule a certain way does not mean they're right. The verbiage of the Second Amendment is quite clear and concise and leaves no room for error in my opinion. What HAS been the bane of our Bill of Rights over the years is the concept of interpretation. That thing is subject to the whims of the times, not the original intent. If we last another 200 years, can you imagine what this nation would look like? I can't but I'm pretty sure it won't resemble anything like its founding.
 
Bare arms, OC, not to bare arms CC. Webster's definition is: Uncover (a part of the body or other thing) and expose it to view: "he bared his chest". I OC/CC about 50% each. NC requires the other 50% to be licensed. Don't agree with it but it is what it is.......

Gee, kinda finalizes for me.

Bear, in the context of of 18th century English, meant to carry on or about the person. This directly relates to the subject, "arms" which are weapons carried on or about the person. This phraseology still appears in our laws in my state, where it all started.

Another miscue people have regarding the Second Amendment is the phrase, "well regulated". At the time of the writing of our Bill of Rights, this had nothing to do with regular drills or field practice. What it meant was, "to keep and make regular". This means to have an arm(s) and to have them at the ready (regular).
 

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