In a sweeping ruling, the 10th U.S. Circuit Court of Appeals ruled that there is no Second Amendment right to carry a concealed firearm in public. The broad wording of the decision in Peterson v. Martinez creates a far-reaching national precedent against carrying a loaded handgun outside the home. To bullet-proof the ruling against an appeal to the U.S. Supreme Court, the 10th Circuit recounted numerous court rulings and state laws dating back to 1813, and based its ruling on prior U.S. Supreme Court cases. Quoting the U.S. Supreme Court, the 10th Circuit added, “like most rights, the right secured by the Second Amendment is not unlimited.” This is a most significant court ruling. It carries a very strong message.
A federal judge in 2011 tossed out the lawsuit filed by Greg Peterson, a Washington state resident, against Denver and Colorado’s Department of Public Safety. He claimed that being denied a concealed-weapons permit because he was not a Colorado resident violated his Second Amendment rights to bear firearms. According to gun rights groups, Colorado is one of about two dozen states that do not honor concealed weapons permits from Washington State. Colorado recognizes weapons permits issued by other states, but only for states that recognize Colorado permits. Washington State does not recognize Colorado permits. The Colorado Attorney General’s office, through a spokeswoman, Carolyn Tyler, said it was “gratified that the 10th Circuit Court has upheld Colorado state law.”
In its ruling, the three-judge panel cited a Supreme Court ruling that “the right of the people to keep and bear arms is not infringed by laws prohibiting the carrying of concealed weapons.” In the opinion the Court ruled:
In light of our nation’s extensive practice of restricting citizen’s freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment’s protections.
It was reported that Mr. Peterson had permits from Florida and Washington. Mr. Peterson said he was a frequent visitor to Denver and needed to carry a firearm during his visits. I agree that the Appeals Court, as well as the trial court, made the right decision in this case. The decision will likely go to the U.S. Supreme Court.
Source: Associated Press
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