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?