Carrying under the "authority" of the 2nd Amendment

J

John/az2

New member
I have been pondering this question for a while and want to present it to you.

Assume that I carry concealed in a state that "prohibits" such deviant behaviour without a state sanctioned license, or prohibits it altogether. But this state, in swearing in its police force, includes the phrase "uphold and defend the Constitution" (or something akin to it).

Now, on my person I have a laminated card the size of my driver's license that has the 2nd Amendment (with reference) printed on it.

I'm pulled over, or "discovered" and am put under arrest for "unlawful" carry of a concealed weapon. As I am sitting on the ground cuffed I am asked why in the world would I think that I had the right to carry concealed, or where I thought that I could do so under the law.

(Produce the laminated card.)

Response? "Yeah, right!" (scoff) "Call a tow truck. I'll take him to the station."

Considering the oath that they took, and the conflict created by the law that they also swore to uphold, could a suite of "violation of oath" be brought against the arresting officer?

Or does such an oath mean anything anymore?

Or have a just outlined a case for "situational ethics"?

Or...

Your thoughts and maybe experiences, please! :)

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John/az
"When freedom is at stake, your silence is not golden, it's yellow..." RKBA!

See The Legacy of Gun Control film at: www.cphv.com

Do it for the children...
 
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by John/az2:
I have been pondering this question for a while and want to present it to you.

Assume that I carry concealed in a state that "prohibits" such deviant behaviour without a state sanctioned license, or prohibits it altogether. But this state, in swearing in its police force, includes the phrase "uphold and defend the Constitution" (or something akin to it).

Now, on my person I have a laminated card the size of my driver's license that has the 2nd Amendment (with reference) printed on it.

I'm pulled over, or "discovered" and am put under arrest for "unlawful" carry of a concealed weapon. As I am sitting on the ground cuffed I am asked why in the world would I think that I had the right to carry concealed, or where I thought that I could do so under the law.

(Produce the laminated card.)

Response? "Yeah, right!" (scoff) "Call a tow truck. I'll take him to the station."

Considering the oath that they took, and the conflict created by the law that they also swore to uphold, could a suite of "violation of oath" be brought against the arresting officer?

Or does such an oath mean anything anymore?

Or have a just outlined a case for "situational ethics"?

Or...

Your thoughts and maybe experiences, please! :)

[/quote]

If you go to court, you'd be starting the next "Emerson" case.

I carry pretty much where ever I go. I suspect most people who do carry do the same.
Are you ready to carry the fight to the Supreme Court?
 
Use your laminated card as a cup holder, hell, the pres uses the actual document (for the same thing) so what do you have to show? This would be great if it were a "good" world that actually abided by the rules of the land, sort of speak. This is America... don't be so naive, the oath they took is only words, many people speak them every day just to get a paycheck of one type or the other. Yeah, sure, back then it meant something... now days.. it's just words you have to say to get that paycheck. I guess people will just say just about anything...

USP45usp
 
All too often, in these modern times, we are guilty until we can afford to prove our innocense. Do you have the assets or the backing to fight it?

Sam...barristers have been the bane of my bank account.
 
Just got back from route 66 car show out here in San Bernardino, Ka, about 1/2 million attend the street rod even and a lot of trash is among the normal people. I went yesterday and wanted my gun so went today (sat) and figured who the hell cares about the UNconstitutional law? Not me, I carried my 1911 cond #1 throughout the event and the rest of night until I got home and am now here posting.

Dont know about the oath part, most would say you are intrepreting it wrong and the state has the right to regulate it in the "name of publik saftey", dont get caught or if you do have a lot of money.

See ya John, take care and be happy you can carry in arizona.
 
oberkommando:

you beat me to the punch. :)

Not to mention that we had to park way out in BFE in an area where I wouldn't let my dog walk without fear of him stepping on glass, a needle or somebody sleeping. When we were turning the car around in that REAL bad area and you told me you had your 1911, I felt a great sense of relief. It was also nice knowing you had it when that person asked us first, if we spoke english then asked us for a ride...Answer...NO!
 
Do that, and you're going to lose, big time. It's too easy to show that the founders considered concealed carry a disreputable, shady practice of foot-pads and other species of criminals. This is one case where they'd leap on quotes from the founders, and original intent would actually back the government!

Open carry, on the other hand, would be quite another matter.

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Sic semper tyrannis!
 
John, if you live in a few districts such as the 9th, you won't even get a chance to take it to the SC. One no longer has standing to sue on the 2nd in the 9th district. All such defenses are denied. As far as I've learned the only two districts that you would even have a chance of getting it to the SC would be the 5th or 8th district. Any other and you will rot in jail.

For an interesting read on this go to the 2ndlawib and read the court cases dealing with the 2nd, both federal and state. It is very interesting to note that the closer you get to our founding the more the 2nd was interpeted as intended. As the years go by you can see attitudes of the judges change. Nothing to bad, until after U.S. vs. Miller. This Sh** hits the fan.



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Richard

The debate is not about guns,
but rather who has the ultimate power to rule,
the People or Government.
RKBA!
 
Brett; The founders said and wrote a lot of personal opinions, but what became the 2nd Amendment was the statement that my right to keep and bear arms shall not be infringed.

HOPEFULLY Emerson will clarify that.

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You have to be there when it's all over. Otherwise you can't say "I told you so."

Better days to be,

Ed
 
Could you present any evidence to back this up?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Brett Bellmore:
It's too easy to show that the founders considered concealed carry a disreputable, shady practice of foot-pads and other species of criminals.[/quote]

I can produce evidence that the founders did indeed conceal a weapon on them when they deemed necessary.

Elbridge Gerry carried 2 concealed pistols on his trip to France (see 'XYZ' Affair.)

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~USP

"[Even if there would be] few tears shed if and when the Second Amendment is held to guarantee nothing more than the state National Guard, this would simply show that the Founders were right when they feared that some future generation might wish to abandon liberties that they considered essential, and so sought to protect those liberties in a Bill of Rights. We may tolerate the abridgement of property rights and the elimination of a right to bear arms; but we should not pretend that these are not reductions of rights." -- Justice Scalia 1998

[This message has been edited by USP45 (edited September 17, 2000).]
 
Bliss v. Commonwealth 1822

According to that ruling, the 2nd allows you to carry any way and anywhere you bloody well please. I'll see if I can find a link.

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Gun control started the Revolutionary War!..."itcta alea est"
 
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