Posts Tagged ‘carrying concealed weapons’

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Last month, the U.S. Court of Appeals for the Tenth Circuit confirmed that a law requiring that someone be a Colorado resident in order to qualify for a license to carry a concealed weapon in the state remains consistent with the Second Amendment.

As discussed in this important decision, the requirement to prove state residency defined by Colorado law is an essential component of firearms licensing. Many of the state and local records that would disqualify someone from possessing or carrying a firearm — such as those reflecting a criminal conviction or mental health adjudication — are not transmitted between states, making the proof of state residency pivotal to keeping weapons out of the hands of dangerous people.

Although the court could have only addressed Colorado’s residency requirement, the Tenth Circuit held more broadly that “the carrying of concealed weapons is not protected by the Second Amendment,” thus rejecting the plaintiff’s claim. This decision is particularly noteworthy because Second Amendment challenges to concealed carry licensing laws are currently pending in several other federal appellate courts around the country, setting an important precedent for other courts to uphold existing licensing laws.

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Brett A. Clark/The Daily Advance

Around the country, courts are confronting a critical question: whether the Second Amendment requires states to issue concealed handgun licenses to virtually anyone who wants one.

This week, the U.S. Court of Appeals for the Second Circuit addressed that question, holding that New York’s requirement that concealed carry applicants show “a special need for self-protection” does not violate the Second Amendment.  In Kachalsky v. Cacace, the court explained that the requirement of a showing of need is substantially related to the government’s important interests in preventing crime and guaranteeing public safety.  The court found that the requirement is consistent with gun regulation that has existed since the nation’s founding, noting, “[t]here is a longstanding tradition of states regulating firearm possession and use in public because of the dangers posed to public safety.”  New York has required a showing of need for carrying a concealed weapon for 100 years.

While many states issue a concealed handgun license to virtually anyone who applies, states like California and New York require an applicant to show a legitimate need to carry a gun in public, usually by presenting documentation of a real threat to the applicant’s safety.  Those requirements are now under attack in a number of Second Amendment lawsuits nationwide brought by individuals who have no legitimate need to carry guns in public places.

Thankfully, the courts are standing up for the safety of their citizens and protecting the laws that work to reduce the violence that plagues their communities. For more this trend, read our publication, The Second Amendment Battleground: Victories in the Courts and Why They Matter.

To find out more about this case, read the decision in Kachalsky v. Cacace.

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Over the past four years, our nation’s courts have become a major battleground in the debate about gun violence in our communities. Right now, people who want to carry loaded firearms on public streets are forcing judges across the country to question the scope of the Second Amendment. But where should judges turn for guidance in evaluating these claims? The Supreme Court’s landmark Heller decision in 2008 effectively upended the legal understanding of the Second Amendment that had existed for almost eighty years. When it comes to gun litigation, courts are now having to evaluate how to keep our communities safe with little Second Amendment case law to guide them.

The Law Center is helping to fill that void through amicus curiae (“friend of the court”) briefs in significant Second Amendment cases across the country. Because we are the only organization in the country that tracks Second Amendment litigation, national, state, and local firearms laws, and pending firearms legislation nationwide, we have unique expertise that can help courts understand the critical importance of smart laws to prevent gun violence. Through amicus briefs, we can present that expertise to courts shaping the meaning of the Second Amendment.

Amicus briefs enable us to get involved in precedent-setting cases that have nationwide significance, since numerous challenges to similar gun laws are currently pending before courts across the country. We recently filed an amicus brief in the First Circuit Court of Appeals in Hightower v. Boston, in which we argued that a Massachusetts law requiring a license to carry a concealed weapon in public does not violate the Second Amendment. When the court issued its decision upholding the law on August 30th, it became the first federal appellate court in the nation to issue a decision on a Second Amendment challenge to a concealed carry law. Six other federal appellate courts are currently facing similar challenges.  READ MORE »

Photo by Jonathan Gibby/Getty Images

On April 14, 2012, Arizona Governor Janice Brewer vetoed a bill, for the second year in a row, that would have weakened restrictions on carrying a loaded firearm in public buildings and on public property.  Minnesota Governor Mark Dayton vetoed a bill on March 5, 2012 that would have created reciprocity with concealed weapons permits from all other states and expanded current stand your ground provisions outside of the home. In South Dakota on March 19, 2012, South Dakota Governor Dennis Daugaard vetoed a bill that would have allowed the carrying of concealed weapons without a permit.

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WHAT HAPPENED?
Under Texas law, an individual must be 21-years-old in order to obtain a permit to legally carry a concealed handgun outside of the home.  Several individuals between the ages of 18 and 21 who wanted to carry concealed weapons in Texas filed a lawsuit in federal court arguing that the age restriction violated the Second Amendment in Jennings v. McCraw.

HOW SAFETY WINS
A judge in Texas upheld the challenged law.  He found that the Second Amendment is limited to allowing an individual to keep a firearm at home for the purpose of self-defense, and therefore, that the Second Amendment does not guarantee a right to carry a firearm outside of the home, regardless of one’s age.  Thus, the judge did not need to consider the appropriateness of the age restriction.  The ruling is particularly significant for its strong, definitive language finding that the Second Amendment does not extend outside of the home.

Fight Over Gun Restrictions Heats Up
Maggie Clark, Stateline.org, April 4, 2012

This article looks at the recent trend to loosen or remove gun regulations in many states.