Monday, October 14, 2013
Does the Second Amendment Cover the Right to Carry Concealed?
Towards the end of the video, we have two references to lower-court decisions. Naturally, our pro-gun commenters often mention the one but never mention the other.
The Tenth Circuit said the Second Amendment conveys no right to concealed carry of a firearm. That's the one our lying friends ignore.
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They also neglect that Judge Posner wrote an article which was critical of the Heller decision called in Defence of Looseness.
ReplyDeleteIts interesting that there are two conflicting decisions both using Heller to to support its decision. Perhaps someone more learned than me can share what happens in these cases? Are these decisions relegated to be ammunition for those like us that throw opposing legal precedents at each other?
ReplyDeleteI'm going to assume that its just a matter of timing that Moore vs Madigan wasn't mentioned, though considering the automatic weapons fire in the video, it might just be wishful thinking.
Laci, I'm not sure if you intended to include a link to Posner's article or if the blog gods just threw it in there. But the link there doesn't go anywhere.
I haven't read the cases, but my understanding is that it is a standard circuit split--these typically drag on until the circuits on one side or the other change in makeup or the Supreme Court takes up the issue and makes its position clear.
DeleteUntil then, these decisions are the rule in their respective circuits and both can be tossed out as persuasive but not binding in other circuits that haven't dealt with the issue yet.
By "respective circuits" do you mean a geographic designation?
DeleteYes. Each circuit has its own territory where it's decisions are the rule unless contradicted by a later decision of the circuit court or the Supreme Court.
DeleteThe courts have been split on a right to carry. It's probably heading to the SC someday. Will you have your five liberals when it does?
ReplyDeleteThat's the big question, isn't it?
DeleteHorwitz of the Coalitition to Stop Gun Ownership insists that his favorite restrictions have been ruled constitutional, but that's simply not true. The rulings said that some might be found acceptable, but what specifically wasn't decided. But it's amusing to watch you control freaks try to explain why "bear" doesn't mean what the average speaker of the English language thinks it means.
ReplyDeleteAnd by the way, if you call me a liar, you're not my friend.