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Federal court: No Second Amendment guarantee for concealed carry
Denver Post, by Karen Auge
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Original Article
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Posted By:BaseballFan, 2/23/2013 2:57:59 PM
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| 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. "We conclude that the carrying of concealed firearms is not protected by the Second Amendment . . ." Justice Carlos Lucero wrote on behalf of a three-judge panel of the 10th U.S. Circuit Court of Appeals. Lucero cited case law dating to the 1800s that put restrictions on walking around in public with a gun. "In light of our nation's extensive practice of restricting citizens' freedom to carry firearms in a concealed manner,
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Comments: After the ´win´ in Illinois, now this. Some bizarre logic by Judge Lucero, in my opinion...citing a 19th century case law against OPEN carry ??
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Reply 1 - Posted by:
craige, 2/23/2013 3:10:24 PM (No. 9192643)
Freedom of Assembly now requires a permit, also. In Eminent Domain, ´public use, is now government convenience. Priests and pastors may not exercise freedom of speech, without income tax consequences.
Pigs are known to be smarter than Sheep.
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Reply 2 - Posted by:
ColoWapiti, 2/23/2013 3:11:47 PM (No. 9192644)
Setting the table to knock down the second amendment by eroding at the edges. No conceal carry, can´t have certain types of weapons, universal background checks to build a back door registration database, permits to buy ammo, and so on.
Eventually, you will only have the right to a single shot .22 that only holds .22 shorts with rubber bullets.
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Reply 3 - Posted by:
curious1, 2/23/2013 3:15:54 PM (No. 9192647)
Clinton appointee. This is America, not Mexico, Carlos. Better read up on the founders history and their statements about bearing arms. If you carry one in your pocket that´s considered concealed, and one of the founders is on record recommending just that very thing. So tell me again how, "shall not be infringed" means except if it´s concealed?
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Reply 4 - Posted by:
kenecarroll, 2/23/2013 3:19:28 PM (No. 9192652)
Guarantee justice carlos lucero is a demoncrat and by the looks of the name was at one time an illegal one at that.
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Reply 5 - Posted by:
JimS, 2/23/2013 3:26:58 PM (No. 9192654)
This will be overturned by SCOTUS. Colorado is within its rights to require that permits be obtained in order to CC, such that they can effectively manage the process and prevent felons from CC. BUT, denial of CC for no good reason (in this case because the applicant is a non-resident) will not hold up. That is clearly infringing on the 2nd Amendment. Many private investigators and security company personnel have CC permits for multiple states of which they are not residents. Judge Lucero clearly erred
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Reply 6 - Posted by:
KTWO, 2/23/2013 3:27:15 PM (No. 9192655)
I disagree. The people had the right to keep and bear before the Constitution. was written. And they could carry them concealed.
The 2nd says "not be infringed". If you can´t carry concealed then the right has been infringed. i.e. it has been reduced or diminished.
Concealed carry wasn´t an issue when guns were big and awkward. But it was a right.
The 2nd and more modern weapons do pose problems. But "adjusting" meanings won´t solve those.
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Reply 7 - Posted by:
Ida Lou Pino, 2/23/2013 3:30:34 PM (No. 9192658)
Yo, Carlos - - do you know how to spell "O-V-E-R-T-U-R-N"?
There - - just in case you didn´t.
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Reply 8 - Posted by:
capt scurvey, 2/23/2013 3:54:40 PM (No. 9192680)
Is English not this clowns primary language?
What part of "shall not be infringed" is confusing you, essay?
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Reply 9 - Posted by:
rael, 2/23/2013 4:14:20 PM (No. 9192701)
war is coming. Why else did DHS buy 1.6 billion bullets?
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Reply 10 - Posted by:
Evocatus, 2/23/2013 4:29:57 PM (No. 9192717)
From the article:
James Spoden, CBI´s background check data supervisor, stated in his affidavit that, "It is virtually impossible to evaluate a non-resident applicant´s background thoroughly enough to determine that the applicant, if granted a [concealed carry license] will not be a danger to himself or the community."
This is complete and utter buulshat. Ever hear of NICS? What about the backround checks from the other states?
Bureaucrat.
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Reply 11 - Posted by:
bkt23, 2/23/2013 4:30:21 PM (No. 9192719)
Well, 2A clearly acknowledges we may keep (own) and bear (carry) arms. So if concealed carry is OK, this ruling must make open carry implicitly legal, right?
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Reply 12 - Posted by:
BarryNo, 2/23/2013 4:39:59 PM (No. 9192727)
Don´t rely on the high court to save the Constitution. They failed with Obamacare. And I wonder what Obama has on Roberts? Wanna bet he´d see the Heller case differently these days?
Gather together. Confirm the allegiance of your comrades. Vote for State-level politicians who would be willing to secede. If an individual goes after these guys it will be seen as domestic terrorism. If a State is willing to stand up to them, it is war. And there is a very real difference in the eyes of the Law - the greater Law that just people serve.
Obama is betting we don´t have the guts for War.
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Reply 13 - Posted by:
ScarletPimpernel, 2/23/2013 5:20:40 PM (No. 9192761)
Chip, chip, chip.......
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Reply 14 - Posted by:
curious1, 2/23/2013 5:27:41 PM (No. 9192764)
#5, since the 2nd applies to states as well, a right delayed is a right denied.
#6,back then they also had pocket pistols, which one of the founders relatives was advised to carry with him at all times in his pocket.
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Reply 15 - Posted by:
hamrman, 2/23/2013 5:40:16 PM (No. 9192772)
Judicial Activism at its best...go back to the basics, three parts to government for "checks & balances"!
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Reply 16 - Posted by:
NYbob, 2/23/2013 6:18:17 PM (No. 9192802)
We are all criminals to the elitists. I wonder if there will be true justice in my lifetime.
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Reply 17 - Posted by:
veritas, 2/23/2013 6:32:11 PM (No. 9192814)
Absurd opinion.
#6 clearly understands what the Judge "doesn´t." Poster KTWO writes: "If you can´t carry concealed then the right has been infringed. i.e. it has been reduced or diminished." Judge Lucero, however, is obviously lying. He understands it´s infringement [unless he´s green-plant/box-of-rocks-stoopit], but prefers to create a "legal decision" that supports his bias and agenda, not the law and his oath.
Which I guess means he should be impeached immediately.
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Reply 18 - Posted by:
Coy860, 2/23/2013 6:33:31 PM (No. 9192815)
If we have to leave the gun home in the gun safe, we do not have our Constitutional right to be well armed when we are downtown. Government has gone too far already.
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Reply 19 - Posted by:
Scribelus, 2/23/2013 6:44:26 PM (No. 9192822)
Yo, Carlos! How does this diktat NOT infringe my constitutionally guaranteed right to bear arms?
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Reply 20 - Posted by:
srhcb, 2/23/2013 6:50:48 PM (No. 9192829)
Some two-bit political hack judge gets his 15 minutes of fame before being body slammed by a higher Court.
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Reply 21 - Posted by:
trappedinmn, 2/23/2013 7:11:01 PM (No. 9192843)
The constitution (law o the land) says it is so. If the "supreme court" says it isn´t, how does that change anything? We have to start thinking differently. "Shall not be infringed" sounds pretty clear to me. The fact that the court of politically chosen appointees gets final say on this interpretation is pure bull. They won´t enforce all the laws that the current administration breaks daily so who says we have to follow along?
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Reply 22 - Posted by:
Jethro bo, 2/23/2013 7:21:12 PM (No. 9192854)
This guy held permits in two other states. The issue isn´t the right to concealed carry but the little nonsense in the constitution that sates states must honor other states license. Does one states license to carry have the protection of the constitution? If not, then homosexual marriage is dead in most states in the union. If states don´t have to honor another state´s licenses, that would include homosexual license. I´m sure the DA judge never realized he was killing the sacred homosexual cow by killing a clear limitation on goobernment in the constitution.
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Reply 23 - Posted by:
weirdone, 2/23/2013 7:22:13 PM (No. 9192855)
#9 According to my Republican Senator and Congressman the 1.6 billion rounds will be used by 60,000 government employees for training and qualification. That is 2.6 million rounds per each of those 60,000 employees. I wonder what else they will have time to do???
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Reply 24 - Posted by:
sw penn, 2/23/2013 8:19:47 PM (No. 9192893)
"Lucero cited case law dating to the 1800s that put restrictions on walking around in public with a gun."
So, if the government does an un-Constitutional thing long enough...
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Reply 25 - Posted by:
veritas, 2/23/2013 8:39:05 PM (No. 9192910)
#21: The point to remember is that "inalienable rights" exist before, beyond, and above any government the sovereign people may choose to form, and before, beyond, and above any law such government may pass.
Many conservatives go astray and incorrectly believe that such rights are "within" the Constitution, implicitly putting them within reach off the gov´t. They are not, as demonstrated.
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Reply 26 - Posted by:
M Stuart, 2/23/2013 8:56:45 PM (No. 9192923)
#12 0bama is PREPARING for war against the citizens.
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Reply 27 - Posted by:
Boneshaker, 2/23/2013 9:33:28 PM (No. 9192946)
Open carry is better anyway, and I don´t see any restriction in the constitution against it.
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Reply 28 - Posted by:
wsdiego, 2/23/2013 9:33:37 PM (No. 9192947)
Then we will wear them in sight!
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Reply 29 - Posted by:
Twiggy, 2/24/2013 1:27:30 AM (No. 9193040)
#23 - that ammo must be for those kids he´s training for the FEMA camps here.How is this legal???
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