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by Kythas
Mon Oct 18, 2010 1:03 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: Police charge five "legal" open carry citizens in Wisconsin
Replies: 71
Views: 11119

Re: Police charge five "legal" open carry citizens in Wiscon

G.A. Heath wrote:
philip964 wrote:And I didn't even know about this. The police could have shot all these guys if they moved at all. Sure glad the Supreme Court ruled that all subjects have a right to bear arms. Seems no one listened. I hope they get a lot of money.
At this time the United States Supreme Court has only ruled on the right to keep arms, although it has strongly indicated how it will rule when the right to bear arms comes before it.
I'm not so sure about that. This little line was in the Heller decision:
Putting all of
these textual elements together, we find that they guarantee
the individual right to possess and carry weapons in
case of confrontation. This meaning is strongly confirmed
by the historical background of the Second Amendment.
We look to this because it has always been widely understood
that the Second Amendment, like the First and
Fourth Amendments, codified a pre-existing right. The
very text of the Second Amendment implicitly recognizes
the pre-existence of the right and declares only that it
“shall not be infringed.” As we said in United States v.
Cruikshank, 92 U. S. 542, 553 (1876), “[t]his is not a right
granted by the Constitution. Neither is it in any manner
dependent upon that instrument for its existence. The
Second amendment declares that it shall not be infringed
. . . .”
Notice the decision in Heller states an individual right not just to possess (keep) arms, but also to carry (bear) them.

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