And the gun regulation crowd is in freak out mode. I should add that Gene Volokh is being pessimistic. Part of me wonders if he regrets not letting on someone with my background to the Volokh Circle Jerk, but I wouldn't join if he learned Ukrainian. Anyway...
A recap of my comment on the Giffords Facebook page with some additions:
"Like 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. See, e.g., Sheldon, in 5 Blume 346; Rawle 123; Pomeroy 152–153; Abbott 333. For example, 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. See, e.g., State v. Chandler, 5 La. Ann., at 489–490; Nunn v. State, 1 Ga., at 251; see generally 2 Kent *340, n. 2; The American Students’ Blackstone 84, n. 11 (G. Chase ed. 1884)."It doesn't take too much research to come up with precedent showing that the practice of carrying concealed weapons (as opposed to open carry) was not accepted. We had the statement of Then-NRA President and lawyer Karl T. Frederick from the NFA adoption hearings:
MR. FREDERICK: ... "I have never believed in the general practice of carrying weapons. I seldom carry one. ... I do not believe in the general promiscuous toting of guns. I think it should be sharply restricted and only under licenses"Some very good and serious researchers can come up with more than enough material denouncing concealed-carry practice as, among other things, "dangerous," "cowardly," "detestable and heathenish," and "provocative of violence and murder." There is a lot of disgust for the practice of carrying concealed weapons and expanding the right to "bear" is even crazier than what came out of Heller-McDonald.
People carrying concealed weapons were considered cowards because most frontier settlers believed it honorable to give foes "fair warning." Openly carried weapons were the accepted norm, with a holstered pistol being the recommended accoutrement for those bearing arms. Moreover, concealed weapons were perceived to perpetuate crime, "because persons becoming suddenly angered and having such a weapon in their pocket, would be likely to use it, which in their sober moments they would not have done, and which could not have been done had not the weapon been upon their person." Anyone familiar with me knows I am super at research, but I was being lazy here. Any clown who claims to be a scholar who want to push the idea of carrying concealed weapons is a fraud.
Any decision by the SCOTUS which find the practice of concealed carry was somehow "acceptable" or contemplated by the founders will run afoul of the Heller decision which said:
"nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms" And that list was in no way exhaustive."I wouldn't be too worried. Remember Heller's actual holding:
"In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment, as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights{1}, the District must permit him to register his handgun{2} and must issue him a license to carry it in the home [3}."I pointed out three measures which this holding finds Constitutionally permissible: 1 Background check2 registration 3 Licensing "Constitutional Carry" is a fantasy. So you're out of luck even if you want to carry an H&K SP5 pistol in your car at the ready if stopped by "peaceful protesters".
You're going to have to get a permit to do that.
