Skip to main content
  1. News
  2. Politics
  3. Policy & Issues

States that provide NO explicit RKBA constitutional protections

See also

It has long been this writer’s contention that the right to keep and bear arms protected by the 2nd Amendment applies to all states and in particular to those states whose constitutions do not explicitly provide such protection. The writers reasoning was that any governmental unit that joined the United States accepted the entire United States Constitution - including the 2nd Amendment.

It appears that the Ninth Circuit Federal Appeals agrees with the writer. See opinion: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/02/12/1056971.pdf.

The 9th U.S. Circuit Court of Appeals issued an opinion yesterday stating that the state of California was wrong to require applicants to show good cause to receive a permit to carry a concealed weapon. Judge Diarmuid O'Scannlain wrote for the majority: “The right to bear arms includes the right to carry an operable firearm outside the home for the lawful purpose of self-defense,.

Any requirement to “show good cause” is a license for law enforcement to deny a right!
In its opening statement, the court states: “We are called upon to decide whether a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense.”

Why does the court refer to the 2nd amendment? It is likely because the constitution of the State of California does not provide constitutional protections for keeping and bearing arms.

The writer anticipates that this seemingly well-reasoned opinion will have an impact in the states of New York, New Jersey, Maryland and Minnesota (perhaps DC too); none of which (like California) have an explicit RKBA in their constitutions!

Advertisement

News

  • Al Qaeda video surfaces
    A video of an Al Qaeda meeting surfaces, concealed identities are raising suspicions
    Video
    Watch Video
  • Boston Marathon
    Boston cops shut down Boylston street after finding suspicious, unattended backpacks
    Top News
  • Death penalty for hate crime?
    Actions by the anti-Semitic gunman are being condemned by the unlikeliest of groups
    Crime News
  • New York gun control
    As many as one million New Yorkers are ready to disregard the state's new gun laws
    Headlines
  • Korean ferry capsizes
    Hundreds of passengers are missing after a ferry sinks off the South Korean coast
    World News
  • NYPD ends surveillance on Muslims
    The NYPD will end surveillance programs against Muslims in their own communities
    Video
    Watch Video

User login

Log in
Sign in with your email and password. Or reset your password.
Write for us
Interested in becoming an Examiner and sharing your experience and passion? We're always looking for quality writers. Find out more about Examiner.com and apply today!