There's A Right To Bear, Not Just Keep, Arms

By Amy Alkon


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from Advice Goddess Blog.

There’s A Right To Bear, Not Just Keep, Arms
Walter Olson writes at Cato that the Ninth Circuit Court just recognized the right to actually bear arms:

California law forbids the carrying of firearms in public places without a license and provides that the issuance of such a license requires “good cause.” San Diego County, as part of its implementation of that law, has set a number of restrictive policies on what it will consider good cause, which must be exceptional circumstances (“distinguish[ed]… from the mainstream”), and it specifies that concern for “one’s personal safety alone is not considered good cause.”

That’s a policy in considerable tension with the language of the Second Amendment, which protects individuals’ right not only to “keep” arms, but also to “bear” them. What does the verb “bear” mean in this context? That has given rise to considerable dispute, and some federal courts, such as the Third Circuit U.S. Court of Appeals, appear to believe that it provides very little protection for individuals’ right to possess guns outside the home.

The Ninth Circuit says that the bearing off arms can’t be relegated to a “second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees that we have held to be incorporated into the Due Process Clause.”

UPDATE: Eugene Volokh on “Turning San Francisco Into San Antonio” hysteria:

Now it might well be that the court will rehear the case, but I think it’s important to realize that shall-issue isn’t just a “San Antonio” matter. One could as easily say “turning San Francisco into Portland,” “turning San Francisco into Seattle,” or “turning San Francisco into Burlington, Vermont.”

In Oregon, pretty much any law-abiding adult can get a license to carry concealed. In Washington State, this has long been the rule. And in Vermont, people have pretty much always been able to carry concealed guns even without a license.

Perhaps I’ve missed the news, but I don’t think people are gunning each other down in the streets in these places.

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Source: Donkeyrock_BlurBlog

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