martybegan
Diamond Member
- Apr 5, 2010
- 83,048
- 34,363
Ah, but you're conceded limitations existed. The question becomes whether the citizenry was satisified that the regulation made them safer.You might look at Breyer's dissent in Heller as for regulations of the day, and then in the 19th century west, municipalites had restrictions on carry.It's not a question of knowing the law, its a question of the law being unconstitutional.
How is the government being able to decide who can carry or not carry on a whim constitutional?
They were also small enough that the Sheriffs could at least come close to guarantee the safety of those who gave up their weapons before entering the jurisdiction. That was the compact. Show me a police department in a city that bans carry that guarantees your safety and provides enough patrols to back it up, and then that situation would have a point.
the bottom line is we can arm ourselves in our homes. Carry outside is subject to regulation. An outright ban, with no exception in any case would, imo, be unconst. But licensing subject to individuals passing some "safety course" or something .... prolly gonna be ok.
What is the difference between an outright ban, and a law enforcement agency that can reject your CCW "just because they feel like it"?
The lawsuit wasn't about any courses required, or permits, or anything else, they were denied a permit because the local Sheriff's office decided "you don't need one".
I would agree that they can pass a law meaning you have to prove you actually have a right to own/carry a firearm because after all they also have a right to pass a law requiring you to prove you have a right to vote, but any restrictions beyond that start to become onerous they are in fact bans.
And that is what they do. They either add conditions, i.e. "need", or make the process so laborious and expensive that you get a de facto ban, if not a de jure one.