JSA wrote:
vitus979 wrote:
Mobility is a Constitutional Right. While the right to bear arms is as well, concealed carry is not.
Except open carry isn't legal everywhere.
I think the "you have a right to bear arms but not necessarily concealed" is a bad argument. What gives a state a right to restrict bearing arms in that way in the first place- "Sure, you can bear arms, but only if they're displayed openly"? And like I said, there are plenty of states that don't allow you to open carry. In practical terms, open carry is frowned upon and socially unacceptable- and if people want it to remain that way, maybe they shouldn't try to limit CCW. You tell someone that they have a right to carry but only openly, you're going to be encouraging them to carry openly.
Not, it isn't. SCOTUS has never held the right to "keep" and "bear" arms existing outside of the home. The Bill of Rights grants the states the right to set firearms laws inside the state, so long as it does not impair the right to possess firearms within the home.
Wouldn't the 14th amendment (state actor doctrine) allow the federal gov't to intervene in cases where they feel a state is depriving a citizens any of the rights protected by the Bill of Rights? Wouldn't this simply be the first step in exercising the federal gov't 14th amendment right to protect state citizens?
"In the world I see you are stalking elk through the damp canyon forests around the ruins of Rockefeller Center. You'll wear leather clothes that will last you the rest of your life. You'll climb the wrist-thick kudzu vines that wrap the Sears Towers. And when you look down, you'll see tiny figures pounding corn, laying stripes of venison on the empty car pool lane of some abandoned superhighway." T Durden