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Constitutional Carry And The 2nd Amendment

constitutional carry

Within the United States borders, the use of the term constitutional carry references a right to permit-less carry or unrestricted carry.  The type of weapon referred to in terms is that of a handgun, whether carried openly or concealed, without the holding or need for a license or a permit.  This phrase does not include the carrying of a rifle, a knife, or other such weapons.  There is also the fact that the scope of what is considered constitutional carry can vary from state to state.

The term constitutional carry also reflects the 2nd Amendment of the US Constitution and its stating of an individual’s right to bear arms.  Until what became a landmark case for the Supreme Court in 2008, District of Columbia v. Heller, there was an abundance of different and very conflicting laws about just who could and could not carry firearms.

When it came to the courts and their deciding how to rule on the case, they stated that the ability for self-defense was central to the 2nd Amendment.  Then in 2010, the courts held up that both the 2nd and the 14th Amendments were fully constitutional and that the rights not be watered down and be accepted in their entirety.  This decision prevented both state and local governments from passing any laws that would prevent an individual from their fundamental right to keep and bear arms for their self-defense.

What it all boils down to is that by way of the 2nd Amendment in the US Constitution, we as Americans have the fundamental right to keep and bear arms.  Period!  As stated straight forward in the Constitution: ‘A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed upon.”

Even though the right is spelled out plain and simple in the Amendment, there is still an ongoing debate as to the exact intended scope of the wording. On one side, it is believed that the specific phrase “the right of the people to keep and bear arms” restricts any form of the legislative body from unconstitutionally preventing the possession of a firearm.

Then there are others that draw attention to the wording of “a well regulated Militia.”  Framed in this manner causes those to argue that the original crafter’s of the Constitution, and its wording, was included only to prevent Congress from using the legislature to remove a state’s right of self-defense.  Over time, this has become termed as “the collective rights theory.  In a nutshell, the collective rights theory as it pertains to the 2nd Amendment is that citizens are not accorded the right to keep and bear arms. As such, all levels of government possess an authority to regulate said possession without entering into a battle of constitutional rights.

This precedent stood until 2008 when the Supreme Court revisited the issue with the case of District of Columbia v Heller.  In a court decision of  5-4 , it was proclaimed that the 2nd Amendment did indeed establish the right for an individual to keep and bear arms under the term of constitutional carry.

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Historic! New Poll Records HIGHEST Level of Gun Ownership in America

Historic! New Poll Records HIGHEST Level of Gun Ownership in America

(ConcernedPatriot.com) – According to an NBC News survey done between November 10–14, 2023, 52% of Americans claim to own a gun, either themselves or someone else in their home.

According to NBC News, this is the most significant percentage of gun ownership they have ever seen in a poll.

According to data in 2013, 42% of Americans were gun owners. In 2019, 46% of Americans reported that they, or a household member, was a gun owner.

Currently, 52% of the population is affected.

Furthermore, over the years of polling, the percentage of Democrats who possess guns has also climbed.

READ: The New Revolutionary Facial Recognition Trigger Lock Changing the Firearm Industry

When asked if they or anybody in their home had a gun in 2004, 33% of Democrats replied they did. Forty-one percent of Democrats acknowledged owning a gun in 2023.

With 41% of Independents stating in 2004 that they or someone in their family had a gun and 45% saying the same in 2023, Independents have stayed relatively stable. (Independents who stated they owned a gun rose to 49% in 2013.)

According to a Harvard/Harris poll, six out of ten respondents stated that having a gun helps one defend themselves against criminals.

The absence of law and order has made Joe Biden a great gun salesman.

The New Pro-Gun Generation

Copyright 2023. ConcernedPatriot.com

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Nashville Covenant School Trans Shooter’s Manifesto LEAKED!

Nashville Covenant School Trans Shooter’s Manifesto LEAKED!

(ConcernedPatriot.com) – During a phone call on Monday morning, the Tennessee Bureau of Investigation (TBI) refused to confirm if the alleged leaked pages from the Nashville shooter’s manifesto were authentic.

The suicide note, 19 diaries, and other artifacts that the transgender suspect in the Nashville Christian school massacre is suspected of leaving behind have all been withheld from the public.

28-year-old Audrey Elizabeth Hale, a transgender former student, murdered three 9-year-olds and three adults last month in a mass shooting at the school.

Hale fired off 152 rounds during the targeted attack at the Covenant School in Nashville, Tennessee.

https://twitter.com/scrowder/status/1721558181489373451?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1721558181489373451%7Ctwgr%5E316e5fabb62f29a5e6f38ae661c0d066be09fefb%7Ctwcon%5Es1_c10&ref_url=https%3A%2F%2Fpublish.twitter.com%2F%3Fquery%3Dhttps3A2F2Ftwitter.com2Fscrowder2Fstatus2F1721558181489373451widget%3DTweet

The attack appears to be a deadly hate crime by a deranged trans shooter against Christian Americans.

The media has largely ignored the attack that resulted in six deaths, including three children.

The local authorities and FBI refused to release the manifesto to the public following the mass shooting by Hale in March.

Law enforcement officials were allegedly informed by TBI Director David Rausch in April 2023 that “the killer did not write about specific political, religious, or social issues” in these documents.

Numerous regional publications have verified the photos that Crowder released.

Phil Williams of News Channel 5 criticized the article, referring to it as a “selective leak of three pages.”

According to The Tennessee Star, “sources in the Tennessee General Assembly who were allowed to view the Covenant Killer Manifesto by the Metro Nashville Police Department” provided independent confirmation of the photos.

Copyright 2023. ConcernedPatriot.com

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7th Circuit Court Rules AR-15s NOT Protected by 2nd Amendment

7th Circuit Court Rules AR-15s NOT Protected by 2nd Amendment

(ConcernedPatriot.com) – The United States Court of Appeals for the Seventh Circuit, a three-judge panel, ruled on Friday that AR-15s are not protected by the Second Amendment, overturning an injunction against Illinois’ “assault weapons” prohibition.

In the case of Barnett v. Raoul, U.S. District Judge Stephen P. McGlynn—a nominee of Donald Trump—issued the preliminary injunction.

The Seventh Circuit heard an appeal of McGlynn’s ruling and rendered a 2 to 1 verdict against the injunction.

The three judges were Michael P. Brennan, appointed by Donald Trump; Diane P. Wood, appointed by Bill Clinton; and Frank Easterbook, appointed by Ronald Reagan.

The majority on the tribunal that overturned the injunction was made up of Easterbrook and Wood.

They cited Heller’s (2008) assertion that “the right secured by the Second Amendment is not unlimited, like most rights.”

They continued by pointing out that the US Supreme Court determined in the Heller case that machine guns were not considered “bearable” weapons for the purposes of the Second Amendment since they might be “exclusively dedicated to military use.”

Next, Easterbrook and Wood discussed the parallels they discovered between M16s—which can fire in three-round burst mode or fully automatic—and AR-15s. They wrote:

“The similarity between the AR-15 and the M16 only increases when we take into account how easy it is to modify the AR-15 by adding a “bump stock” (as the shooter in the 2017 Las Vegas event had done) or auto-sear to it thereby making it, in essence, a fully automatic weapon.

In a decision addressing a ban on bump stocks enacted by the Maryland legislature, another federal court found that bump-stock devices enable “rates of fire between 400 to 800 rounds per minute.”

They added that both weapons “deliver the same kinetic energy” and employ the same ammo.

Judge Brennan dissented from the majority ruling, arguing that the Illinois “assault weapons” prohibition is unconstitutional because it lacks historical precedence in American culture and will fail if tried by Bruen (2022).

Brennan stated: “Preliminary injunctions against enforcement of the challenged laws are justified because the banned firearms and magazines warrant constitutional protection and the government parties have failed to meet their burden to show that their bans are part of the history and tradition of firearms regulation.”

The case is in the United States Court of Appeals for the Seventh Circuit and is Barnett v. Raoul, No. 23-1353.

Copyright 2023. ConcernedPatriot.com

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