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Right to Keep and Bear Arms Includes "Concealed Carry"
Posted: Tue Jul 01, 2014 7:51 pm
by Darryl E Berry Jr
The US Constitution says "the right of the people to keep and bear Arms, shall not be infringed." Then isn't kidnapping someone and stealing their gun (arresting them and claiming their weapon) if they have it concealed when they don't have a concealed weapon permit infringing those rights?
I'm looking for anyone who has challenged this. It seems very clear to me that this is meant to protect my right to keep whatever weapon I want, however I want to keep it - at home, in car, in my pocket, single shot, automatic, etc. Thoughts please.
Re: Right to Keep and Bear Arms Includes "Concealed Carry"
Posted: Fri Jul 04, 2014 6:45 am
by editor
I'm in complete agreement with you Darryl.
We've allowed our most basic rights to be infringed, and it's long past time to reverse the trend. Rights not exercised are deemed abandoned. This is the thinking behind the many groups around the country who are currently participating in open carry marches. It exercises those rights, and makes the public aware of the law.
Of course the laws the groups are following are already watered-down versions of the Second Amendment, but hopefully these actions can help preserve rights that are still recognized, and even reclaim those which have fallen into disuse.
It is important to tread carefully with this issue. By this I do not mean anyone should lay down and let his rights be infringed. But what we do not need is someone going into court unprepared, who loses a case which the progressives can use to claim a precedent.
Do any readers know of cases which might help Darryl?
Re: Right to Keep and Bear Arms Includes "Concealed Carry"
Posted: Sun Jul 06, 2014 1:07 pm
by notmartha
"People" have rights while "persons" have revokable privileges. Codes and statutes are written for
persons. Which are you? Your standing is important.
There have been many arguments made, most being in regard to persons trying to change the codes that apply to them.
The general consensus seems to be the same, as stated in
THIS case:
With respect to Peterson’s claims against the Denver sheriff, we conclude that the
carrying of concealed firearms is not protected by the Second Amendment or the
Privileges and Immunities Clause. In Robertson v. Baldwin, 165 U.S. 275 (1897), the
Supreme Court stated in dicta that “the right of the people to keep and bear arms is not
infringed by laws prohibiting the carrying of concealed weapons.” Id. at 281-82. More
recently, in District of Columbia v. Heller, 554 U.S. 570 (2008), the Court noted 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 explained that “nothing in our opinion should be taken to cast doubt on
longstanding prohibitions.” Id. at 626. In light of our nation’s extensive practice of
restricting citizens’ freedom to carry firearms in a concealed manner, we hold that this
activity does not fall within the scope of the Second Amendment’s protections.
Note that this case was in respect to Peterson, a person by virtue of residency and his request for a license.
Here are some more cases:
http://law.justia.com/cases/ohio/sixth- ... -1733.html
http://law.justia.com/cases/federal/app ... 12-11.html
http://law.justia.com/cases/colorado/su ... sc344.html
http://law.justia.com/cases/new-mexico/ ... /91f0.html
http://law.justia.com/cases/new-jersey/ ... 82-11.html
http://law.justia.com/cases/federal/app ... 07-08.html
http://law.justia.com/cases/california/ ... /1236.html
Are you sure you "
conceal" carry?
To conceal. A withholding of something which one knows and which one, in duty, is bound to reveal.
Re: Right to Keep and Bear Arms Includes "Concealed Carry"
Posted: Thu Jul 24, 2014 7:54 pm
by saulvation
The Second Amendment of the U.S. Constitution has been settled by the Supreme Court some time ago. I'll let you search the cases. It has been settled that the 2nd Amendment has to do with Militia, only. For private and individual use of firearms you would go to the 9th Amendment and simply exercise a right you already have and supported by the Constitution. Saul
Re: Right to Keep and Bear Arms Includes "Concealed Carry"
Posted: Sat Sep 06, 2014 7:50 pm
by saulvation
It it also important to regard "contracts" when dealing with the U.S. Government. Adhesion contracts are in effect when a "person" purchases a gun or some other firearm from a U.S.manufacturer or other international manufacturer of firearms. The contract between the manufacturer and the U.S. states that information and requirements be followed by third party clients, U.S. Citizens for example when purchasing a firearm. In essence when a "person" purchases a firearm from a manufacturer that has contracted with the U.S. Government, the policies and rules apply by "adhesion" to the third party (purchaser) without direct application by the third party. Saul
Re: Right to Keep and Bear Arms Includes "Concealed Carry"
Posted: Sun Sep 07, 2014 3:12 am
by editor
I try not to hang around with "persons." They are generally subject to far too many contracts.
Re: Right to Keep and Bear Arms Includes "Concealed Carry"
Posted: Sat Sep 13, 2014 1:48 am
by saulvation
Yes, and that is exactly why people are in trouble. The SSA of 1935. The application that was filled out. In law it created a specific entity. The entanglement ensued especially in contracts, because people do not know who they are, and so general partnerships are created. Nor do they know the party(s) in which they make agreements with. Saul
Re: Right to Keep and Bear Arms Includes "Concealed Carry"
Posted: Sat Sep 13, 2014 12:38 pm
by iamfreeru2
There are 4 organic laws;
The unanimous Declaration of the thirteen united States of America of July 4, A.D. 1776;
Articles of Confederation of November 15, A.D. 1777;
Northwest Ordinance of July 13, A.D. 1787;
Constitution of the United States of September 17, A.D. 1787.
The only organic laws to be embraced by the people are the
The unanimous Declaration of the thirteen united States of America and
Articles of Confederation, the other two should be rejected. The Constitution of 1787 has never been adopted as a Constitution of the United States. The United States Constitution is territorial under Art 4.3.2 and has nothing to do with the people of the perpetual Union. Neither the 2nd Amendment nor any of the Bill of Rights guarantee anything to the people of the perpetual Union. Once you really study the organic laws and what has taken place you will realize this. Of course you can just poo poo this or do what is necessary to uncover the truth.
I put up a video
http://lawfulpath.com/forum/viewtopic.p ... 1398#p1398 that you should watch. and also go to the following link to learn more:
http://organiclaws.org/
Re: Right to Keep and Bear Arms Includes "Concealed Carry"
Posted: Sun Apr 24, 2016 2:35 am
by ITSa341
saulvation
DC vs Heller directly recognizes the 2nd amendment right to bear arms is NOT limited to militia activties or membership in any way.