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NC permitless carry: dead?

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
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Location
Cincinnati, Ohio, USA
Heller and Bruen made it clear that conceal carry falls under the Second Amendment. NC's constitution states that: "Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice." This was added in 1876. Well beyond the 1791 historical Ratification and understanding of the amendment.
Heller made clear that:
"In Muscarello v. United States, 524 U. S. 125 (1998), in the course of analyzing the meaning of “carries a firearm” in a federal criminal statute, Justice Ginsburg wrote that “urely a most familiar meaning is, as the Constitution’s Second Amendment . . . indicate: ‘wear, bear, or carry . . . upon the person or in the clothing or in a pocket, for the purpose . . . of being armed and ready for offensive or defensive action in a case of conflict with another person.’ ” Id., at 143 (dissenting opinion) (quoting Black’s Law Dictionary 214 (6th ed. 1990)). We think that Justice Ginsburg accurately captured the natural meaning of “bear arms.”
...
From our review of founding-era sources, we conclude that this natural meaning was also the meaning that “bear arms” had in the 18th century."

In other words, carrying concealed at the ratification of the Second Amendment (1791) was not regulated, it was common place.

So, NC's attempt to regulate concealed carry in unconstitutional.

 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
The derringer did not make it's appearance until 1825 after the constitution was ratified, so no it was not common place. But if privacy is a right as it was held in Roe V Wade then CC is protected. But RVW has been reversed.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
The derringer did not make it's appearance until 1825 after the constitution was ratified, so no it was not common place. But if privacy is a right as it was held in Roe V Wade then CC is protected. But RVW has been reversed.
“Pocket pistols” had barrel lengths of around 3 or 4 inches back in 1686. See The History of Weapons of the American Revolution by G. Neuman (1967).
 
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