Posted on Wednesday, March 13th, 2013
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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