Right to Bear arms-- legal meaning?

[BrianMcCandliss]

My state Constitution (Michigan) states that "Every person shall have the right to bear arms for defense of self or the state."

However, our state law also has a statute which states that no person can carry a handgun without a license-- and it's generally illegal to carry a loaded rifle or shotgun (or even unloaded) except in certain areas.

I'd like to know how this works, since it would seem that "bearing arms" would include the right to carry a handgun. I can't afford a lawyer to go around challenging laws either.

[Dusty Miller]

Talk to yer lawyer.

[Redhawk1]

That is what the NRA has been fighting for a long time.  Our second amendment rights. States are trying to make laws to fight agents owning guns.  Thank them stupid Democraps like John Kerry, Hillary Clinton, Ted kennedy and all those other bleeding heard liberals.  :evil:  :twisted:

[Mikey]

The Constitution gives us rights, which are actually limitations on States and the Federal Government from denying us the ability to enjoy the freedoms these 'rights' provide us.  However, States have the authority to 'restrict' those rights under certain circumstances with one being when an individual has been adjudicated or diagnosed with a mental illness which includes dangerous behaviors.  

Some of these situations can be remedeyed.  A diagnosis of a mental disorder, for example, can be removed or declared 'episodic', which means it happened once (possibly for good reason such as being victimized) and is not likely to happen again, and that person should be allowed to exercise their rights.  If you have been adjudicated as a felon, you probably won't ever own another firearm, legally.  

These 'rights' we have are for everyone except those declared unfit under law or statute.  The rest of us are fine, for the time being.  JMHO.  Mikey.

[DakotaElkSlayer]

Now, I know that in Michigan you have to have a CCW in order to carry a concealed weapon, but what is the law if it isn't concealed?

Jim

[jro45]

In DE you can carry open [ Not consealed ]  but watch those town ordinances and those people that want to call the law because they think you can't carry open. Another reason it's not done but it can.

[Jim n Iowa]

you need to go to sights like packing.org or do a google on it you will get a lot of info. N.R.A and Gun Owners of America are 2 strong lobby groups that I choose to support.
Jim

[Greeenriver]

My state Constitution (Michigan) states that "Every person shall have the right to bear arms for defense of self or the state."

However, our state law also has a statute which states that no person can carry a handgun without a license-- and it's generally illegal to carry a loaded rifle or shotgun (or even unloaded) except in certain areas.

I'd like to know how this works, since it would seem that "bearing arms" would include the right to carry a handgun. I can't afford a lawyer to go around challenging laws either.

Having lived of Michigan for most of my life, I would like to know just what liscense is needed for open cary??  A Concieled liscense is required for concieled cary, but open cary is generaly legal over most of the state, with some citys differing. Baxicly, out of town, anyone that can legaly buy a handgun can cary it openly for any legal reason when not in or on a motorised form of transportation.

Greeenriver

[PaulS]

In Washington State open carry is legal. Concealed carry requires a pistol permit. The state laws superceed any law in any city, township or county if they are more restrictive or have stricter penalties.'

OK, that is the book - the word of the law but if you are walking down the street with a 14 inch revolver strapped to your hip and someone complain you can be cited for "disturbing the peace" and because a gun is involved it can become a felony and you could end up losing your rights to owning a gun.
The usual restictions apply as well - school zones - parks - courtrooms - cars - public transportation etc.

[BAGTIC]

The Constitution does not 'give' us any rights. It merely acknowledges our  pre-existant and "unalienable" natural rights.

It is a serious mistake to accept the principle that the Constitution gave us any of our rights because any right that can be bestowed by a legislative act can also be repealed by a legislative act.

[jro45]

They think that they can take them away weather they gave  them to us or not. Those bleeding hearts.

[Heavyhaul]

I'm with Paul.  I live in PA, a conceal permit is the hardest to get.  It covers all other types of carry.  Which isn't very hard outside of Phila., Pitts. or surounding counties.  Our state constitution also provides for the "Right", but the above mentioned areas limit it.  When I questioned our attorney general's office, they told me to carry concealed and The above mentioned places "sometimes forget that they Are part of PA".   Getting a permit in PA is merely passing a criminal back ruond, the same as needed to buy the gun.  So it is basically just paperwork.

[Sir Knight]

I'm new to PA from FL. My FL is honored in PA. Can I carry in parks & amusement parks? What about places like Gettysburg?

[dakotashooter2]

Given the interpretation WE all believe, that means ALL states if they are going to regulate firearms should have at a minimum a "MUST ISSUE" CCWavailable to all citizens. If indeed states are allowed the powder to regulate the use of firearms the basic right to own and use still remains. One would think regulation that would prohibit the majority from being able to own or obtain firearms, of any type, would be a direct violation of the Second Amendment.

[PA-Joe]

Sir Knight - In PA you cannot carry in State Parks (unless hunting). Most Fed parks now restrict you. When you go throught the metal detector it will go off and you will have lots of explaining to do. Amusement Parks are private and may also prohibit firearms just like malls and companies. Sorry.

Dakoda - Some State Consitutions are broader than the Federal one like Mich. that says you can bear a firearm for the defense of self. This should make Mich a Must Issue state. Guess no one has taken the State to court.

[Old Griz]

:cb2: I thought it had something to do with our Founding Fathers wanting to wear short sleeved shirts?  :eek:

[WNY_Whitetailer]

What about places like Gettysburg?

Seems to me that half of Gettysburg is considered National Parks property...I don't know if you can carry there.  I remember taking the bus tour of the battlefields and the area they cover is substantial.  Downtown Gettysburg should be ok to carry though.

[Old Griz]

:cb2: National Parks, NO. National Forests, YES.

[BAGTIC]

The Constitution gives us rights,

The Constitution does NOT give us any rights. We are 'inalienably endowed' with our rights by "our creator".

[Redhawk1]

In DE you can carry open [ Not consealed ]  but watch those town ordinances and those people that want to call the law because they think you can't carry open. Another reason it's not done but it can.

Delaware has a concealed carry permit, I have had one of 8 years now.

[Mikey]

pardon me:  possibly I should have written that the Constitution simply 'spells out' those inalienable rights endowed by our creator.

Now, this is the second time you have made this statement.  Is there some issue at point here,  beyond the ken of most mortal men, that you are trying to make?  Mikey.

[rockbilly]

Often times, someone with a  "Brady Bill"  mentality will take action to enact a law that clearly conflicts with a previously approved law.  That sound like it may be the case in Michigan.  Most often, cases like this must be challenged in the courts.

[slabsides]

I've never been able to understand why there's so much controversy over the 2ndA. It's quite clear: The Right (just like all the other Rights, that is) of the people (ALL of us) to keep (have) and bear (carry) arms (guns and weapons) will not be infringed (interfered with) SO THAT we may have a 'well-regulated' (properly trained and capable) militia (citizen defense force.) We couldn't have such a force if we didn't have weapons, could we?
Now, no one is arguing that govt. doesn't have the right to disqualify certain types of people from this Right: the criminal, the insane, the immature or senile. But otherwise, the govt can't 'infringe'.
Concealed carry is another issue. Why would you conceal the fact that you are armed under normal circumstances unless it was potentially for some nefarious purpose? But this raises a dilemma: You may not have a nefarious reason to carry concealed. Especially where public opinion and custom is against open carry, you may merely wish to be discrete. Some CCW laws specifically prohibit licensees from allowing their weapon to be seen. That's the problem, and in part the reason for CCW licenses. Still and all, this doesn't permit the government to forbid mere possession of a rifle or shotgun, much less a handgun. You ought to be able to have it, keep it where you like, and carry it where it's appropriate. Any local law or regulation to the contrary is unconstitutional on the face of it.

[jk3006]

I've never been able to understand why there's so much controversy over the 2ndA. It's quite clear: The Right (just like all the other Rights, that is) of the people (ALL of us) to keep (have) and bear (carry) arms (guns and weapons) will not be infringed (interfered with) SO THAT we may have a 'well-regulated' (properly trained and capable) militia (citizen defense force.) We couldn't have such a force if we didn't have weapons, could we?
Now, no one is arguing that govt. doesn't have the right to disqualify certain types of people from this Right: the criminal, the insane, the immature or senile. But otherwise, the govt can't 'infringe'.
Concealed carry is another issue. Why would you conceal the fact that you are armed under normal circumstances unless it was potentially for some nefarious purpose? But this raises a dilemma: You may not have a nefarious reason to carry concealed. Especially where public opinion and custom is against open carry, you may merely wish to be discrete. Some CCW laws specifically prohibit licensees from allowing their weapon to be seen. That's the problem, and in part the reason for CCW licenses. Still and all, this doesn't permit the government to forbid mere possession of a rifle or shotgun, much less a handgun. You ought to be able to have it, keep it where you like, and carry it where it's appropriate. Any local law or regulation to the contrary is unconstitutional on the face of it.

I was going to more or less say the same thing, but you covered it pretty well.  I will add that our pathetic government does not have any right, in my opinion, to regulate the ownership or use of our guns.  Maybe I'm wrong with that, but all I see is one big long slippery slope.  Also, our government is finding more and more ways all the time to make criminals out of people, therefore keeping guns out of their hands.  Just to clarify, we have what I think is the best form of government that anyone could have.  That being a Republic.  How certain individuals and organizations have trashed it and taken it over is what I'm referring to.  Also, I'm going to make a bold statement that I hope could change someone's life (to an extent) and the way they view things:  I'm not caught up in this left-vs right, conservative vs liberal, democrat vs republican paradigm.  It may appear on the surface that they are fighting each other, but they are united in reducing us to slaves.  They do it in different ways, and they keep everyone fighting each other so that everyone is so distracted that they never bother to peer behind the curtain to see what's happening backstage.