Federal Court Rules you do NOT have right to carry firearms

29 Nov
Federal Court Rules you do NOT have right to carry firearms

That’s right.  The 2nd and 4th Federal Court of Appeals have heard arguments dealing with the carrying of firearms outside of the home and one has ruled it is NOT a constitutionally guaranteed right.

In both New York and Maryland, where the lawsuits were brought, the states have enacted draconian permit systems that favor the wealthy and well connected.  While the rest of us must ASK to exercise our constitutional right a la Oliver Twist.

In Maryland, in order to be allowed to carry a weapon outside of your home you must provide the overlords issuing authority with evidence to “verify threats occurring beyond their residence”.  Apparently, the state of Maryland only allows psychics to carry outside of the home.  Or maybe criminals in Maryland have begun to send their victims correspondences ahead of time.  I mean, it’s not like random crime ever happens in Baltimore.

This requirement is not only unconstitutional but also bigoted and insulting.  In the eyes of Maryland, the easiest way to verify these future threats is to be rich or famous or a public figure.  It’s pretty much a tough luck attitude with regards to us everyday Joes and Jills who just want to protect ourselves from a mugger or a rapist.

The 4th Circuit Court of Appeals is set to render a decision within the next month or so.

With New York and the 2nd Circuit Court of Appeals, the case covered the same issue, the need for a “verifiable threat” before being issued a CCW.  Since New York is also a “may-issue” state the level of threat is left to the issuing authority.  While in most of New York the difficulty to get a CCW is on par with Maryland, in New York City it is nigh impossible to do so.

Unless you are buddy buddy with hypocrite Mayor Bloomberg or a mega millionaire that is.  In a city of 8 MILLION people, the number of permits to carry (as a private citizen – non business) awarded annually is in the dozens.  I won’t even do the math to point out how ridiculous that number is, based on the total population. Plus, you need to pay the $400+ that is non-refundable when they deny you.

The main issue of the suit was New York’s Sullivan Act which, when passed 101 years ago, which made New York State a may issue state to begin with.

The 2nd Circuit Court wasted no time in hurrying their decision stating that based on the Supreme Court ruling in Heller that the 2nd Amendment’s core right is within the home and that any infringement that can be placed on carrying outside of the home may be done so.  In other words, the de facto ban that New York City has in place is allowed to stand.

Now, both of these cases will undoubtedly go before the Supreme Court to be decided definitively.  To all the readers who claim they are pro gun, yet voted for Obama I wonder if you will be hoping as much as I, that the high court hears these cases before one of the Heller Five steps down.  I mean, you keep telling me that Obama is so pro gun, I wonder if you would like the fate of the Second Amendment to rest in the hands of Kagan or Sotomayor?


Posted by on November 29, 2012 in Uncategorized


43 responses to “Federal Court Rules you do NOT have right to carry firearms

  1. Marcus

    November 29, 2012 at 11:44 am

    “This requirement is not only constitutional but also bigoted and insulting”, shouldnt that be uncontitutional?

    • Tony Oliva

      November 29, 2012 at 11:51 am

      Good catch, thanks Marcus. Liberal leaning Spellcheck run amok.

  2. Grey Wolf

    November 29, 2012 at 12:01 pm

    hope you all that voted for this enjoy not being able to defend your self…thank god i have more ways than just my guns…but those are also going to be used as they cant get to mine…..

    • MarksmanQ

      November 29, 2012 at 4:36 pm

      I will still use guns…legally or illegally. If my life is on the line, I won’t think twice about the law.

  3. johngalt

    November 29, 2012 at 12:10 pm

    Reblogged this on YouViewed/Editorial.

  4. Harry the Horrible

    November 29, 2012 at 12:15 pm

    It is important to remember that the Sullivan Act was orginally passed to protect Irish criminals from their intended victims, who were developing a disconcerting tendency to shoot back.

    Protecting criminals from their victims – this is what these courts are upholding.

  5. Eli Cvetic

    November 29, 2012 at 12:27 pm

    Robert DiNiro the actor has a ccw permit in NY. Oh I believe it a millionaires perk.

  6. Lisa Hawkins

    November 29, 2012 at 12:36 pm

    I live in Texas, this ^^ is not a problem here.

    • Duke

      November 29, 2012 at 4:51 pm

      Texas gun laws suck compared to New Mexico.

  7. James

    November 29, 2012 at 12:49 pm

    Go to the court wearing a shirt that says, “I have $10,000 in cash on my person.” Tell the court you are afraid that you are going to be mugged. Furthermore, it is a violation of your 1st amendment rights for them to tell you not to wear the shirt…

    • Tony Oliva

      November 29, 2012 at 12:56 pm

      Hahahaha…brilliant James.

  8. Terran Houston

    November 29, 2012 at 1:25 pm

    Texas its just a matter of time before you are NEXT!

  9. Gene Paradis

    November 29, 2012 at 1:27 pm

    The next person that gets mugged can sue the Federal Government for restitution for disarming them…!

  10. Ken Marquardt

    November 29, 2012 at 2:11 pm

    the article was ok until you got to the heavy handed anti obama segment at the end. way to pull a bait and switch there author. i think i’ll just skip this blog from now on.

    • Eric

      November 29, 2012 at 2:28 pm

      bye Ken

    • Tony Oliva

      November 29, 2012 at 2:54 pm

      Heavy handed? Obama has appointed 2 supreme court justices who are openly hostile to the Second Amendment being an individual right. What you call heavy handed are in truth, facts. And if Obama can appoint a majority to the Supreme Court with the ideology of Sotomayor then the 2nd Amendment will be redefined as something the founding fathers never intended.

      If you want to bury your head and ignore the danger that Obama’s appointees pose to the 2nd then feel free to skip my blog because you are obviously unwilling to hear the truth of such matters. But don’t feel bad, I promise I am not going to lose any sleep over it 🙂

    • Terry D. Waters

      November 29, 2012 at 2:58 pm

      Don’t let the door hit ya Ken.

    • Frank

      November 29, 2012 at 4:25 pm

      Let me get the door for you Ken. Moron

    • John

      November 30, 2012 at 2:14 pm

      Ken… I completely agree!

    • Former_Coach

      December 3, 2012 at 11:50 am

      Typical libtard comment. Did you get your feelings hurt? Want me to call a wahmbulance? You obviously have not paid attention to Hillary and Barack as they try to push the U.N. gun ban on us. Go back to your lying liberal blogs before you wet yourself.

  11. Kat

    November 29, 2012 at 2:12 pm

    This is not just a MARYLAND OR NEW YORK problem this stuff is spreading like wildfire—We must stay alert and informed—I know several people who are just fine with CCW and voted for Obama–When asked about how they feel about his gun philosophies they really do believe that he will not take them!!! Ignorant morons!!!

    • John

      November 30, 2012 at 2:18 pm

      You’re just as much of a moron 2 think you know *WHAT* he’ll do.

  12. Eric

    November 29, 2012 at 2:27 pm

    My forefathers lived in this country pre revolution days. I’ll be damned if I’ll surrender ANY of my guns to ANY government, with out a fight.

    • George Payne

      November 30, 2012 at 5:00 pm

      As did mine and my guns will only be handed over muzzle first.

  13. msalzbrenner

    November 29, 2012 at 2:58 pm

    Anyone who supports Obama probably doesn’t have any good reason for reading these articles in the first place. So, if you are offended then don’t let the door hit ya. I will admit that Obama is not the problem, but he is a portion of it. The other portions being made up of other segments of the population. Some in Senate. Some in Congress. Some in the population at large. The problem is everyone that REFUSES to learn from history, and instead takes harbor in their delusions of utopia. So if you choose to deny reality then so be it. Don’t let the rest of us dissuade you. Enjoy your ignorance is bliss as long as you can. Doesn’t change the fact that sooner or later someone will do something that effects YOU. And only then will you care. Too bad by that time it will be too late. What you have to understand is we are simply asking for the right to do as we choose, and you in turn can do as wish as well. Those of you whom support Obama, are demanding the right to FORCE OTHERS to do as YOU choose. I will never understand the inherent need to control another persons life. Rich people already have everything why is it so important that they control what the rest of the population does? Why does the government feel that they should “dictate” the course of the lives of its citizens? Why does anyone else feel the need to tell me that I can or cannot do something? What does it gain them. What do they “think” they are going to win from doing so? All I want is for the rest of you to leave me the hell alone, and I will kindly return the favor. But it is what it is. And the human race is damned by the curse of greed. So I am left with only one option. Defend myself. And to that end I will do WHATEVER it takes to preserve MY OWN way of life. Is taking that away from me worth dieing for? You better make sure you have total faith in you answer to that question before you infringe on my life, and be sure to pray to whatever god you choose to welcome you to his humble abode. I am one FREEDOM loving, LIBERTY dedicated, US American citizen that will take pleasure in personally introducing you to your higher power. My gods will welcome me. Will yours?

    • John

      November 30, 2012 at 2:25 pm

      I don’t agree w/ the “Obama thing” but that was probably 1 of the most PROFOUND & REALISTIC statements I have EVER heard. *high 5*

  14. John Millican

    November 29, 2012 at 3:25 pm

    There is a simple fix: MOVE! Boycott anything associated with the wealthy bigshots. Movie stars: don’t go to their movies. Sports figures: don’t go to their games or buy their merchandise. Fight them with your pocket book/wallet.

    • Owen Minnis

      November 29, 2012 at 3:40 pm

      That only works for so long. People like Bloomturd, Obummer, and Feinstein, deep down don’t want ANYONE but their own goons to have any firearms at all. If we allow these people one inch, eventually they will come for the pro-gun states too unless they secede first. And according to my research, there is nowhere else on left to go internationally.

    • Freedom Barbie

      November 30, 2012 at 8:43 am

      You are absolutely right…… our dollars are the silent vote that more patriots need to consider. I know you might have to search for items that don’t support the leftest agenda and aren’t willing to stop going to movies. But until we take our money and support the people who believe in Freedom, our lives will continue to controlled by the very people your dollars support. Any one remember Chick-fil-A….. i know you are out there…….. We can change things if we would remember our dollars matter

  15. Ramon Rodriguez

    November 29, 2012 at 3:46 pm

    You all honestly believe that our guns will be taken away??
    Do you have any Idea how old that thought is ?
    The only way for our guns to be taken away is if we lose who we are to ourselves.!
    Are we Americans or are we cowards.!!
    It seems to me that the states where complacency is the norm and cowardliness sets in is where the rights of the citizens are being infringed.!
    Any other explanation?
    Are we to actually believe that the biggest armed citizenry of the world will succumb to a few anti gun slime bags?
    Please get over it already .
    The only reason that our rights are being attacked is because of the inactivity from the same people that are complaining constantly and don’t do a thing about it.
    All I have to say to all that think our guns are going to be taken away is FIRE IN THE HOLE…!!!!!

    • Tony Oliva

      November 29, 2012 at 4:06 pm

      Passionate speech Ramon. But I want to dispel the notions that we have had this great Second Amendment utopia since the founding. Sure, it was founded with “Shall Not Be Infringed” clearly understood and it stayed that way for a very long time. But around 100 years ago or so, with the rise of Progressives, we started losing that right. Things like the Sullivan act of 1911, the Gun Control Acts of 1934, 1968, 1986 and the Assault Weapons Ban of 1994.

      We HAVE lost our guns…not all of them, but they have been taken away one by one over the years. Even MORE interesting is that the United States Government didn’t even officially recognize the 2nd Amendment as an individual right to keep and bear arms until 2008.

      And since this article was about carrying your firearm I want to direct you to this link which shows a map how many states allowed the carrying of firearms from 1986 until today:

      15 NO ISSUES and 26 may issues.

      30% of the COUNTRY did not allow the carrying of firearms.

      Some people think that the rightt to bear arms that we enjoy today was always there but it wasn’t. People have had to fight for it in the past. People like Gun Owners of America. And it is because we do our part to shine the light of day on machinations gun grabbing politicians would prefer to keep hidden that the right is still recognized.

      Obama hopes that apathy will lull us into sleep and he can operate under the radar. I will not let him. But that doesn’t mean he still isn’t going to try.

      • Ramon Rodriguez

        November 29, 2012 at 5:42 pm

        The second Amendment was adopted to the Bill of rights on December 15, 1791.
        Before that it was the natural norm to bear arms there was no need to have a second amendment .

        The only reason the second amendment was adopted was to establish an already known fact that we are endowed by our creator with certain unalienable Rights that no man can take away and some of them are the right to be able to defend your self, your family and your country Life, Liberty and the pursuit of Happiness.

        There is no court on our land needed to confirm any of the above it is the negligence of the bearers of the truth that have allowed oppressors to install their own rule of thought upon the people of the U.S.A. our people..

        Why should anyone who is not a threat and a law abiding citizen not be given permission to something that is righteously already owned , the right to self defense and bear arms to do so..

        When people allow themselves to be constantly restrained and misinformed of their God given rights is when all adversaries of humanity will attack any and all possibilities of men and women arming themselves to defend and protect that which is theirs.

        It is up to the people to learn and be well informed and be of responsible requirement enough to stand up to all who would be their conquerors ,

        The problem is that the people have laid down and allowed others to do for them without checking the alternate results that it can bring to their freedoms.

        It is not up to any Organization, or Club , or Group or Elected Official to fight for rights that already are in the books ,,, it is up to the people to stand and rise above any and all oppressing rule of the land and elect those that would abide by the Constitutional Oath and protect it.

        It is and has always been the mishandling of Government by the people that has suspended or obscured their paths to freedom and that includes the right to keep and bear arms.

        The original intent and purpose of the Second Amendment was to preserve and guarantee, not grant, the pre-existing right of individuals to keep and bear arms

        The real reason the right to keep and bear arms has been always under attack by traitors in government is and has always been that, insurrections may occur from time to time and it is the militia’s (us ) duty to suppress them.

        Our founders realized that however remote the possibility of usurpation was, the people with their arms, had the right to restore their republican form of government by force, if necessary, as an extreme last resort.

        This reason is the ultimate answer to the question of bearing arms,
        If we allow through rigged elections or any other means the usurpation of our government we are guilty of treason for we would have then become part of their conspiracy for remaining silent.

        It is everyone’s duty to read The Constitution of The United States of America and learn the history that created who we are .
        It is also everyone’s duty to make sure that what has been fought for and blood shed for in the sacrifice of so many patriots never goes undone.

        All these gun grabbing politicians where did they come from?
        All these anti gun legislatures where did they come from?
        All these elected officials how did they get there ?
        All the people that voted ..did they make sure the elections were not rigged?

        How can over 300 million people in the U.S.A be lied to and not one single voice be heard in opposition.

        217 eligible voters 127 million voted 90 did not???
        My point with the example above is that if the people are not aware of the circumstances they will lose their rights but if they are made aware of the true events and the consequences they will never be conquered.

        People educated and willing and able to stand against tyranny will never be in chains.

        Now as far as our great civilian army , I believe they are educated , I believe they are not ignorant , and I know they will rise and stand against any and all odds ,,that would bring the suspension or termination of their right to self defense or their right to bear arms..

        As of now all I see is a great many politicians barking and trying to convince the crowds that they are right and we are wrong.

        So I say just put a muzzle on them to make them stop barking and kick them off their seats, replace them with some good people willing to step up to the plate and rule with righteousness.

        I think this is an easy job to do , just got to get the people to unite and do it .

        There is nothing Obama can do to hurt us unless we allow it to happen.
        All these liberals and progressives that have been allowed to be in strategic places to control government , well who put them there, and who is allowing them to be there? and just look at what they have been trying to do and can’t.

        It is time to make all accounted parties aware that we will not allow anything short of what is in our unalienable rights to be taken or mocked anymore .

        Trust me the day that they come for our guns I know mine and yours will be empty before we give it up.and I still wonder about that cause we have slingshots,bows and arrows and many more different kinds of weapon,,, what will be next on the agenda us? cause our bodies ( we)are a lethal weapon ?

        The second day the blood will be knee high all around the Nation and the usurpers will be no more.

        Legislation needs to be the in accordance to the Constitution otherwise it sahll be nulled .
        That is also written in our Constitution .

        I am all for you and for all that fight the good fight do not think for a minute that I am not on your side.
        The people need to rise and be the ones heard not just you and me and any organization in our country.

        Woee.!! I think I wrote too much.!! oh well I always do .
        Just got carried away.. again.
        My fingers are in sync with my thoughts.

        You are doing good Tony don t think for a second I am not on your side.
        Keep up with your posts and with everything else you do.

        Preaching the truth to the people is not easy.

  16. RetMSgt

    November 29, 2012 at 4:07 pm

    I crunched some numbers recently. In Pennsylvania one does not need a license to own a handgun, nor to carry it openly, but a license is required to carry it concealed.

    In New York City, one needs a license (not an inexpensive process) in order to do both, with carrying it permission being almost impossible to obtain.

    Pennsylvania’s Lehigh County, with merely 4.25% of New York City’s population, has more people licensed to carry concealed than all of New York City’s licenses just to own a handgun.

  17. Karl Schmidt

    November 29, 2012 at 4:39 pm

    We have been under military rule EVER since the COMMANDER AND CHIEF GEORGE WASHINGTON swore on a MASONIC bible as a MASON .We have been a nation without a de jure president or government from the very begining…yea ,they included in the “constitution” a clause that states what we knew as an unalienable right WITHOUT having to utter it aloud .Truth or FACT is what part of “infringe” doesn’t EVERYBODY understand ? Yeah , you will have to fight to exercise your RELIGION AND your tools for protecting that right and religion. Truth and FACT is , there can be NO regulation or Ex Post Facto law to take away your gun . I suggest reading Michael Halsey Brown’s “The Drug Defendants BIBLE” if you can get your hands on one. I was lucky to get 1 of the last three that the Erwin Rommel School Of Law had. They are no longer in print as far as I know. Another that is in print and is still available is “The Criminal Defendants Bible” @ the Rommel School Of Law . ….I do not receive ANY money whatsoever by endorsing the Rommel website…I only want to share the knowledge I have gained from reading the LAW BOOKS I have purchased myself for defending MY right both enumerated and those that aren’t. Journey well……

  18. Cody

    November 29, 2012 at 6:43 pm

    Well, Karl sort of correct. These cases are fought within the context of 14th Amendment citizenship. US citizens do not have the protection of the Bill of Rights. So, if your state does not have a RKBA provision in it’s constitution as a US citizen you don’t have that ‘right’.

    So, either the 14th Amendment must be amended to include the Bill of Rights, or your state have an RKBA provision or the 14th Amendment must be abolished.

    I’m not denying the natural right to self-defense does not exist. However, the 14th Amendment is not about natural rights. The below case should be require reading for anyone that wants to remedy the feds abuse of power.

    • Cody

      November 29, 2012 at 6:44 pm

      *denying the natural right to self-defense exists.

  19. Duffy Spies

    November 30, 2012 at 8:07 am

    Any and ALL persons who advocate gun control in any form are guilty of either violating or conspiracy to violate the Dick Act of 1902, and need to be immediately arrested.

    The Dick Act of 1902 also known as the Efficiency of Militia Bill H.R. 11654, of June 28, 1902 invalidates all so-called gun-control laws. It also divides the militia into three distinct and separate entities.


    The three classes H.R. 11654 provides for are the organized militia, henceforth known as the National Guard of the State, Territory and District of Columbia, the unorganized militia and the regular army.

    The militia encompasses every able-bodied male between the ages of 18 and 45. All members of the unorganized militia have the absolute personal right and 2nd Amendment right to keep and bear arms of any type, and as many as they can afford to buy.

    The Dick Act of 1902 cannot be repealed; to do so would violate bills of attainder and ex post facto laws which would be yet another gross violation of the U.S. Constitution and the Bill of Rights.

    The President of the United States has zero authority without violating the Constitution to call the National Guard to serve outside of their State borders.

    The National Guard Militia can only be required by the National Government for limited purposes specified in the Constitution (to uphold the laws of the Union; to suppress insurrection and repel invasion).

    These are the only purposes for which the General Government can call upon the National Guard.

    Attorney General Wickersham advised President Taft, “the Organized Militia (the National Guard) can not be employed for offensive warfare outside the limits of the United States.”

    The Honorable William Gordon, in a speech to the House on Thursday, October 4, 1917, proved that the action of President Wilson in ordering the Organized Militia (the National Guard) to fight a war in Europe was so blatantly unconstitutional that he felt Wilson ought to have been impeached.

    During the war with England an attempt was made by Congress to pass a bill authorizing the president to draft 100,000 men between the ages of 18 and 45 to invade enemy territory, Canada.

    The bill was defeated in the House by Daniel Webster on the precise point that Congress had no such power over the militia as to authorize it to empower the President to draft them into the regular army and send them out of the country.

    The fact is that the President has no constitutional right, under any circumstances, to draft men from the militia to fight outside the borders of the USA, and not even beyond the borders of their respective states.

    Today, we have a constitutional LAW which still stands in waiting for the legislators to obey the Constitution which they swore an oath to uphold.

    Charles Hughes of the American Bar Association (ABA) made a speech which is contained in the Appendix to Congressional Record, House, September 10, 1917, pages 6836-6840 which states:

    “The militia, within the meaning of these provisions of the Constitution is distinct from the Army of the United States.” In these pages we also find a statement made by Daniel Webster, “that the great principle of the Constitution on that subject is that the militia is the militia of the States and of the General Government; and thus being the militia of the States, there is no part of the Constitution worded with greater care and with more scrupulous jealousy than that which grants and limits the power of Congress over it.”

    “This limitation upon the power to raise and support armies clearly establishes the intent and purpose of the framers of the Constitution to limit the power to raise and maintain a standing army to voluntary enlistment, because if the unlimited power to draft and conscript was intended to be conferred, it would have been a useless and puerile thing to limit the use of money for that purpose.

    Conscripted armies can be paid, but they are not required to be, and if it had been intended to confer the extraordinary power to draft the bodies of citizens and send them out of the country in direct conflict with the limitation upon the use of the militia imposed by the same section and article, certainly some restriction or limitation would have been imposed to restrain the unlimited use of such power.”

    The Honorable William Gordon

    Congressional Record, House, Page 640 – 1917

  20. James

    November 30, 2012 at 1:07 pm

    There are a few problems. 1) The document written to limit the government’s authority is interpreted by government authorites. (Fox guarding the henhouse)
    2) With freedom of speech and assembly the Constitution protects those rights on government property, but with “bearing arms” government property is off limits. (Double standard)
    3) With the “free press” the liberals praise the court for interpreting T.V. and Movie as “press,” however they would be happy to interpret “arms” as flintlock and primitive muzzleloaders. (hypocracy)
    As an armed citizenry in a country with a government moving toward tyranny, our future is somewhat bleak in the political realm. Fortunately I still have freedom of religion. “But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one. ” -Jesus
    If the court can interpret “press” as TV and movie they sure enough can interpret my freedom of religions “sword” as a firearm.

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