U.S. Appeals Court Issues Ruling That Guns Can Be Carried In Public
The 9th U.S. Circuit of Appeals has ruled today that a gun owner can carry a gun in public for self defense because the Constitution protects that right. This issue will definitely be heading to the U.S. Supreme Court for a final decision.
I disagree with this originalist view of the Constitution because there are so many restrictive Federal and State laws in effect toward gun ownership in 21st century America.
Where in the Constitution does the Second Amendment mandate that someone needs a permit to own a gun? Why can't someone bring a gun into a courtroom or into a stadium? Why do businesses have signs on the outside reading , "No Firearms Allowed?" Why can't someone pack a gun in his/her suitcase at an airport for self defense? The list can go on and on of how laws at the Federal and State level have altered the initial meaning of the Second Amendment.
Your 3rd paragraph is so correct. Nowhere in the Constitution or the 2nd amendment itself does it require someone to have a permit to own a gun. What it does state is "the right of the people to keep and bear Arms, shall not be infringed." "Shall not be infringed" seems perfectly clear to me.
Laws cannot change the constitution- only amending it can.
A three-judge panel of the Ninth Circuit has just ruled that the right to openly carry a firearm for the purpose of self-defense is a protected activity under the Second Amendment. The case is Young vs. Hawaii and the lawsuit challenges a Hawaii law, which says A concealed carry or open carry permit is only issued once you’ve convinced the local police chief that you are engaged in an activity “[w]here the urgency or the need has been sufficiently indicated” and the applicant “is engaged in the protection of life and property.”
If the Supreme Court rules in favor that under the Second Amendment, a gun owner has the right to carry a gun in public, I know a Pandora's box will have been opened. For example, guys at a tavern carrying guns is not a good idea. The potential for gun violence due to having firearms permitted with heavy drinking going on in that establishment is pouring gasoline on a fire.