Federal court finds no constitutional right to carry A concealed weapon — we explain the decision

While gun rights supporters might like to think the Second Amendment to the United States Constitution is an absolute guarantee against government interference, according to at least one (relatively conservative) appeals court, they are severely mistaken. In fact, according to that same court, when it comes to carrying concealed weapons, the Second Amendment is basically irrelevant.

Last Friday, the Tenth Circuit Court of Appeals handed down its decision in the case of Peterson v. Martinez, a case involving the question of whether a state has an obligation to provide a concealed carry license to anyone who has been granted such a license in another state. Their answer was, to put it mildly, “no.”

In fact, the court adopted a fairly novel approach in explaining why the right to keep and bear arms didn’t apply in this case: Rather than rely solely on precedent that restricted gun rights, they built most of their analysis on language from cases that expanded gun rights, but still made clear that there were limits, of which concealed carry was certainly one. As Lawyers.com’s Larry Bodineput it, “To bullet-proof the ruling against an appeal to the U.S. Supreme Court, the 10th Circuit recounted numerous court rulings and state laws dating back to 1813, and based its ruling on prior U.S. Supreme Court cases.”

Still, given which judges ended up deciding the case, this approach may be less surprising than it first appears. While the decision was written by Judge Carlos Lucero, a Clinton appointee, all three judges voted unanimously against the right to concealed carry, which may surprise some, given that one (Judge Bobby Ray Baldock) was a Reagan appointee, and the other (Judge Harriz Hartz) was a nominee by the second President Bush, neither of whom were presidents known for nominating liberal judges.

Read more at The Blaze

Comments

Comments

  1. Roger Mitchell says:

    Well I feel that any state that would totally outlaw my ability to just strap a gun on my hip to carry openly should have their ideas in court Like N.J and N.Y Ct. Mass. In Va. we have the right to carry openly not a problem if you want to carry concealed then you need a permit.. I myself have a C.C and I prefer to carry openly thats a deterrent.. The second I read says So I have the right to keep and bare arms seems the federal law does not trump state law on this . But

    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 , But try to pick and choose what any state would want to use from the 14th amendment and it would be total war.. But again this shows what the feds feel about equal protection under the law.. Only if they feel you deserve it then you shall have it.. this is the main reason for the 2nd in the first place .. They will take them one at a time if they can ever tear up the 2nd amendment then its a matter of time before they tear them all down

Polititainment

Foxx talks dancing with Christie, McCain
Who could possibly forget this epic photo? Late night host Jimmy Kimmel certainly hadn’t, so when he had the chance to interview actor Jamie Foxx Wednesday night, he simply had to get the back story. Foxx has been the host of this annual charity event for several years. “What’s interesting is that every year that […]
Jon Stewart on Christie's 'pig problem'

Jon Stewart got into Chris Christie’s “pig problem”—which wasn’t quite what Stewart thought it was at first.

Rogen: 'Amazing' to smoke in White House

Seth Rogen told The Hill in a recent interview that he believes he is now on a "list" of individuals banned on from President Obama's residence because of his recent tweet expressing his desire to smoke marijuana in the White House.

Kimmel's insightful e-card rant

Kimmel's broadside against e-cards raises an interesting point about the way Democrats have encouraged their followers to pass along birthday well-wishes to their party's elected officials and leaders.

Stewart hits Pelosi for hypocrisy
Jon Stewart hit Rep. Nancy Pelosi (D- Calif.) hard Tuesday night for her hypocrisy in a recent voting decision. “You are a recognized champion of women and voter rights,” Stewart started off, playing clips of her oft-repeated speeches on the topics. “Your voting and lady bonafides are unmatched.” So lucky for Rep. Tammy Duckworth (D- Ill.), […]

White House

After multiple hacks, the federal government’s cybersecurity plan remains on hold

The federal government is not having the best time with cybersecurity of late.

Obama to announce executive action on immigration Thursday

President Obama announced Wednesday afternoon that he will unveil his unilateral plan for immigration reform to the nation in a primetime address Thursday.

Reports: Obama could unveil amnesty for illegal immigrants within days

President Obama is set to unveil a comprehensive, unilateral plan for immigration reform that includes amnesty as soon as next week, according to a report Thursday.

Obama on ‘Face the Nation': Congress still has time to act on immigration
After warnings from Sen. Mitch McConnell and Rep. John Boehner, President Obama claimed on Sunday’s “Face the Nation” that Congress still has time to act on immigration before his executive order comes down. “I’d prefer and still prefer to see it done through Congress, but every day that I wait we’re misallocating resources. We’re deporting […]
Obama sings ‘On the Road Again’ with Willie Nelson
Attention: This is not one of Jimmy Fallon’s lip dub videos. President Barack Obama really did take the stage and sing with Willie Nelson Thursday. Obama’s performance was a part of a concert for the troops at the White House was hosted Thursday and broadcast on PBS on Friday night. Obama closed out the hour-long […]

Congress

Rand suggests a wardrobe change for 'King' Obama
Sen. Rand Paul (R- Ky.) took to Facebook to suggest an Obama wardrobe change following the president’s comments that he will use the executive branch to push his immigration agenda. Post by Rand Paul. “This isn’t about immigration reform. This is about his usurping of power that the Constitution didn’t give him,” Paul said in an interview […]
Senator: 'There could be violence'

Retiring Oklahoma Sen. Tom Coburn has issued a stark warning about the fallout from President Obama's immigration plan.

Pro- and anti-NSA Republicans vote down reform

Senate Republicans banded together to kill a National Security Agency reform bill, but some did it for entirely opposite reasons.

The House hires an Obama voter to sue Obama

In an act that belongs in the trolling hall of fame, the House of Representatives has retained a lawyer who voted for President Obama and supports "national health care" to sue President Obama over Obamacare.

Boehner gets Twitter shade for his 65th birthday
Sorry Mr. Speaker. It looks like all you are getting for your birthday from your Democrat colleagues is a heap of Twitter shade. Rep. Nancy Pelosi (D-Calif.) and Democratic National Committee Chairwoman Debbie Wasserman Schultz both tweeted at House Speaker John Boehner to wish him a “Happy 65th Birthday!” Of course, they couldn’t resist the […]