Federal Appeals Court: There Is No Second Amendment Right To A Concealed Firearm
By Ian Millhiser on Feb 27, 2013 at 10:30 am
A panel of the United States Court of Appeals for the Tenth Circuit, which included a Reagan and a George W. Bush appointee, held unanimously on Friday that the Second Amendment does not protect a right to carry a concealed firearm: [ http://www.ca10.uscourts.gov/opinions/11/11-1149.pdf ]
The Heller opinion notes that, “[l]ike most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” As an example of the limited nature of the Second Amendment right to keep and carry arms, the Court observed that “the majority of the 19th-century courts to consider the question held that prohibitions on carrying concealed weapons were lawful under the Second Amendment or state analogues.” And the Court stressed that “nothing in our opinion should be taken to cast doubt on longstanding prohibitions.”
There can be little doubt that bans on the concealed carrying of firearms are longstanding. In Heller, the Supreme Court cited several early cases in support of the statement that most nineteenth century courts approved of such prohibitions. We note, however, that this view was not unanimous. Nevertheless, “[m]ost states enacted laws banning the carrying of concealed weapons” in the nineteenth century.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.