Supreme Court refuses to hear case challenging California conceal carry law

[Marine Cpl]

Yes but how does any of that have anything to do with the manner of carry?

It says bear. Bear means carry. Keep and bear means keep and carry. It doesn't say keep and bear openly or concealed.

So whether bearing concealed wasn't a popular thing back then and only done sometimes, it is a popular thing now and a protected right since it wasn't specifically written as keep and bear openly.

 

[nortatoga]

I have to go out now, will return!

 

[nortatoga]

It says bear. Bear means carry. Keep and bear means keep and carry. It doesn't say keep and bear openly or concealed.

So whether bearing concealed wasn't a popular thing back then and only done sometimes, it is a popular thing now and a protected right since it wasn't specifically written as keep and bear openly.

You are right it doesn't say " bear openly or concealed" But when most people at the time carried openly and shunned concealing (all weapons) prohibiting concealing weapons was not an infringement they still had their "Arms"

Now something I just found changes the dates a bit about this discussion, History matters!

"Bear in mind, prior to the passage of the 14th Amendment in 1868, the Bill of Rights was legally held as a restriction upon only the FEDERAL government. States were free to do as they saw fit. Indiana certainly did. Their Constitution still reads today "The people shall have a right to bear arms, for the defense of themselves and the State," wording not too far different from Kentucky's. But in 1831 the state legislature passed a statute similar to Kentucky's: "That every person, not being a traveller, who shall wear or carry any dirk, pistol, sword in a sword-cane, or other dangerous weapon concealed shall upon conviction thereof, be fined in any sum not exceeding one hundred dollars." This was challenged in State v. Mitchell in 1833. Mitchell was a defendant charged under that law who appealed all the way to the state Supreme Court. That court's entire decision reads:

It was held in this case, that the statute of 1831, prohibiting all persons, except travelers, from wearing or carrying concealed weapons, is not unconstitutional."

Which makes this article more understandable.

The History of Concealed Carry in the United States - USA Carry


49 States issue CCW license's 45 States recognize Open Carry ( some may be Constitutional carry now)

Let me ask you this when State's started issuing CCW's in the 70's (Liberal States too) Why do you think it happen?

 

[Marine Cpl]

You are right it doesn't say " bear openly or concealed" But when most people at the time carried openly and shunned concealing (all weapons) prohibiting concealing weapons was not an infringement they still had their "Arms"

Now something I just found changes the dates a bit about this discussion, History matters!

"Bear in mind, prior to the passage of the 14th Amendment in 1868, the Bill of Rights was legally held as a restriction upon only the FEDERAL government. States were free to do as they saw fit. Indiana certainly did. Their Constitution still reads today "The people shall have a right to bear arms, for the defense of themselves and the State," wording not too far different from Kentucky's. But in 1831 the state legislature passed a statute similar to Kentucky's: "That every person, not being a traveller, who shall wear or carry any dirk, pistol, sword in a sword-cane, or other dangerous weapon concealed shall upon conviction thereof, be fined in any sum not exceeding one hundred dollars." This was challenged in State v. Mitchell in 1833. Mitchell was a defendant charged under that law who appealed all the way to the state Supreme Court. That court's entire decision reads:

It was held in this case, that the statute of 1831, prohibiting all persons, except travelers, from wearing or carrying concealed weapons, is not unconstitutional."

Which makes this article more understandable.

The History of Concealed Carry in the United States - USA Carry


49 States issue CCW license's 45 States recognize Open Carry ( some may be Constitutional carry now)

Let me ask you this when State's started issuing CCW's in the 70's (Liberal States too) Why do you think it happen?

Yes. You are correct and that law was unconstitutional just like the laws being passed now. You don't want to to understand the point that Scotus can rule unconstitutionally based on emotions.

If in 1898 they ruled for argument's sake that you cannot protest a sitting President within 100 yards of a campaign speech for reelection, would you be on here saying that it's good to go and constitutional because a politician signed it into law and Scotus affirmed it?