Does the Second Amendment apply outside the home

Discussion in 'The Constitutional & RKBA Forum' started by hogger129, Oct 13, 2010.

  1. hogger129

    hogger129 Well-Known Member

    Nov 29, 2009
    Meaning, shouldn't the Second Amendment be your carry permit? Should the government really be "permitting" you to exercise what is your Constitutional right?

    Me, personally, I feel that if you can pass a background check to purchase a firearm, you should be "fit" to carry it in public as well. And I think if someone actually did so (carried without a permit), and sued stating that the Second Amendment protects the right to carry without a permit, they would win. That the SCOTUS would agree with that idea.

    I just would like to hear what everybody has to say about this and why you feel the way you do. Thanks.
    Last edited: Oct 13, 2010
  2. johnlives4christ

    johnlives4christ Former Guest

    Apr 28, 2008
    i agree with you hogger except for the background check part. the 2nd amendment is your permit to own and carry openly or concealed a firearm. some say that it doesnt pertain to concealed carry. but they do not understand the meaning of the word "bear". it is a synonym and means more then "to bring forth" i can mean so many different things,and without knowing exactly the intent the forefathers had in mind when righting it you must take it in its entirety. part of its meaning is "to carry" no specification on open or concealed.

    if a person had the right, ambitious lawyer it would be a worthy pursuit and could possibly be won.

    tis a shame we aint neighbors hogger... i'd invite you over for supper and an ice cold glass of sweet tea.

  3. hogger129

    hogger129 Well-Known Member

    Nov 29, 2009
    True. If you are a felon, they can't deny your right to trial or your Miranda rights, or right to legal representation, or Due Process, or Fifth Amendment (you don't have to say something that incriminates yourself). It should be fitting that they shouldn't be able to bar you from any other of your legal rights. Good point.
  4. hogger129

    hogger129 Well-Known Member

    Nov 29, 2009
    Yeah I'd invite you shootin some weekend. Or put the guns away and crack open a bottle of Jack with ya.
  5. johnlives4christ

    johnlives4christ Former Guest

    Apr 28, 2008
    dunno bout the jack.. i steer clear of any alcohol cause my pa was a raging drunk. the shooting though... thats right up my alley
  6. The_Rifleman

    The_Rifleman Active Member

    Feb 10, 2010

    That is where "God given right," comes into play.
    From The Declaration of Independence:
    "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights,"

    Rights not granted by government, therefore government can't deny them.

    Government cannot decide who can or cannot own the means "to throw off such Government, and to provide new Guards for their future security". That would defeat the whole purpose of The Second Amendment.

    From The Preamble of The Bill of Rights
    Until The Constitution is amended abolishing The Second Amendment, NO US citizen can be denied that right.
  7. RunningOnMT

    RunningOnMT New Member

    Nov 19, 2008
    Akron, Ohio
    Hogger i couldn't agree more. I've been arguing this point for some time now, but I'm ashamed to admit I haven't had the courage to carry without a permit. I'm afraid of losing my legal right to ever carry in the future, whether the law is constitutional or not.
  8. johnlives4christ

    johnlives4christ Former Guest

    Apr 28, 2008
    i follow the law to the best of my ability. if and when it becomes illegal to own use or carry firearms then i will become a criminal. i would consider this to be a declaration of war on myself and the constitution. in war, you shoot first and ask questions later, if you survive.
  9. carver

    carver Moderator Supporting Member

    I stand with you on this one John. I don't like the fact that I have to pruchase a concealed carry permit (a tax), or have to pass a back ground check to carry at all. But it is the law at this time, and though I don't like it, it still provides me with the opertunity to carry, and defend myself, or others, if necessary. I excerise my natural God given rights at the Governments say so, and right now, even though I am taxed to do so, I still can. When they say I can't is when the trouble starts.
  10. Jeff Midguard

    Jeff Midguard New Member

    Aug 31, 2010
    Baja Arizona
    In a word - Yes.

    Background checks and permits are infringements.
  11. Eddie N

    Eddie N New Member

    Apr 23, 2009
    In my opinion, we should all be carrying right now. As I see it, nobody should be denying us this right. Pay for a carry permit? In these times, I can't see it. In case anybody forgot, we are at war, and we citizens have a right and a duty to defend and protect ourselves and our loved ones.
    When and where is the next attack on our soil going to take place? Not if, but when. We all know it is coming and we should all be prepared. Anybody disagree?
  12. ... "subject to reasonable regulation." Heller v. D.C.
  13. Jim K

    Jim K New Member

    Dec 6, 2009
    Well, every right is subject to some regulation. Even voting, the most basic right, is limited to people over 18 and requires registration. I have no problem with some regulation of firearms purchase, possession and carrying. For example, I really wouldn't want it to be legal to sell a handgun to a ten-year old. So I can't just go along with "no laws, no rules, no restrictions" or even worse, those who think that their Second Amendment rights include shooting any one they don't agree with (yes, I have seen a few of those on these sites).

    The trouble is that, as always, when we give big government a millimeter, they take a parsec or two. ("Of course you have the right to own a gun. Surely you don't mind the 500 page application, the ten million dollar license, and the ban on ammunition; there is no Second Amendment issue there.")

  14. The_Rifleman

    The_Rifleman Active Member

    Feb 10, 2010
    Which is enumerated in The Constitution. See: AMENDMENT XV, AMENDMENT XIX, AMENDMENT XXVI... (not limited to.)

    Straw Man. Using The Second Amendment as a guide, "A well regulated Militia, being necessary to the security of a free State,"; I'll go with the adult, "Militia".

    The US Constitution is what "law" we'll be going by, thank you! Also a Straw Man, (you really need to check out that web page.)

    Just a wild guess...
    Maybe because you are so willing to dismiss your rights and in the process their God given rights... all without any understanding of The Constitution.
    Then topping that off proclaiming , 'I can't just go along with "no laws, no rules, no restrictions"'! would have to really get them fired!
    But, it's just a guess...
  15. ofitg

    ofitg Active Member

    Feb 25, 2010

    Hogger129, a judge in Wisconsin just ruled that your state's CCW ban is unconstitutional!
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