2nd Admendment Problems

[A#1Headache]

What is the name of your state (only U.S. law)? Florida
Does anybody know if the SCOTUS will be deciding if the need to have a license to conceal carry and open carry is going to be decided or has been decide. To be unconstitutional after the McDonald v Chicago case. I pose this question due to the keep and bear arms part of the second amendment.

 

[justalayman]

without looking, I believe that question has been answered long ago.

McDonald V Chicago was not a licensing issue but one concerning the issue of the applicability of the 2nd amend on the states based on the 14th amend. It did go on to mention and reassert the right of the state to apply regulations to the ownership of guns (which appears to be applicable to your question)

 

[Captian Picard]

What is the name of your state (only U.S. law)? Florida
Does anybody know if the SCOTUS will be deciding if the need to have a license to conceal carry and open carry is going to be decided or has been decide. To be unconstitutional after the McDonald v Chicago case. I pose this question due to the keep and bear arms part of the second amendment.

The are no cases currently pending that I know of ... google search will be useful.

I don't think one needs a license (ie laws requiring it are not constitutional)

 

[justalayman]

I don't think one needs a license (ie laws requiring it are not constitutional)

yes they are and it has already been argued and decided as such.

 

[Dillon]

without looking, I believe that question has been answered long ago.

McDonald V Chicago was not a licensing issue but one concerning the issue of the applicability of the 2nd amend on the states based on the 14th amend. It did go on to mention and reassert the right of the state to apply regulations to the ownership of guns (which appears to be applicable to your question)

by the state, you mean the people, is that right?

i agree with you, the people should regulate the own Rights.

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i am sui juris and can regulate my own rights, U think?

 

[Dillon]

yes they are and it has already been argued and decided as such.

having a license is constitutional, but who would want a license ?

 

[Captian Picard]

yes they are and it has already been argued and decided as such.

Yes and the handgun ban in chgo was also upheld by the courts. And yet was recently struck down.

So, I still think I am correct and the courts are wrong. I'll be proven correct in time.

 

[justalayman]

Captian Picard;2962731]Yes and the handgun ban in chgo was also upheld by the courts

which courts?

And yet was recently struck down.

by whom?

So, I still think I am correct and the courts are wrong. I'll be proven correct in time.

I can assure you you will not.

 

[justalayman]

having a license is constitutional, but who would want a license if not necessary?

I didn't say anybody wanted a license. I simply made the statement a person can be required to attain one in order to be allowed to carry a weapon.

 

[Dillon]

I didn't say anybody wanted a license. I simply made the statement a person can be required to attain one in order to be allowed to carry a weapon.

all licenses are voluntary and no law can require people have one.

people should never carry a concealed weapon, dont conceal it, U tink

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i dont recommend people have a motor vehicle equipment operators licesne when just moving private property on a common easement.

 

[CdwJava]

all licenses are voluntary and no law can require people have one.

You are correct. But, without it, you cannot generally perform the action that the license permits ... such as driving. Or, in those states that require it, carrying a concealed weapon.

You do not have to get the license, but you also cannot conduct the activity permitted by its lawful possession.

people should never carry a concealed weapon, dont conceal it, U tink

If your state allows that, great. Some states do not allow possession in public even in the open.

i dont recommend people have a motor vehicle equipment operators licesne when just moving private property on a common easement.

If you never drive any vehicle off of private property, there would be no need to get a license (at least ion my state - other states might vary). It is rare, however, that anyone who drives never does so on a public roadway pf some nature.

 

[Captian Picard]

You are correct. But, without it, you cannot generally perform the action that the license permits ... such as driving.
.

But most people (except commercial drivers) don't actually drive .. we travel. Driving is defined using the word "commercial" ie for $$.. Those traveling in their cars just going from one point to another on highways are not driving, they are traveling.

I was skeptical of this viewpoint and still am but I understand other people's viewpoint regarding the need for a driver's license; especially in the wake of the government tell us that we have no right to travel via air when we do indeed have that right. It goes back to our freedom to assemble. We cannot assemble if we cannot travel to the assembly. I am leaning toward the non-conventional thinking & will make up my one mind sans government & officials' viewpoints which have been tainted.

And some courts have agreed with the driver's license need (or non-need) when traveling in a motor vehicle.

 

[CdwJava]

But most people (except commercial drivers) don't actually drive .. we travel. Driving is defined using the word "commercial" ie for $$.. Those traveling in their cars just going from one point to another on highways are not driving, they are traveling.

I was skeptical of this viewpoint and still am but I understand other people's viewpoint regarding the need for a driver's license; especially in the wake of the government tell us that we have no right to travel via air when we do indeed have that right. It goes back to our freedom to assemble. We cannot assemble if we cannot travel to the assembly. I am leaning toward the non-conventional thinking & will make up my one mind sans government & officials' viewpoints which have been tainted.

And some courts have agreed with the driver's license need (or non-need) when traveling in a motor vehicle.

In my state there is no such definition of a "driver" as being a commercial operator.

305. A "driver" is a person who drives or is in actual physical
control of a vehicle. The term "driver" does not include the
tillerman or other person who, in an auxiliary capacity, assists the
driver in the steering or operation of any articulated firefighting
apparatus.​

This is another one of those things that you can choose to disagree with the courts on, but the fact of the matter is that you need a driver's license to operate a motor vehicle on the roadway in almost all instances.

The right to travel does not mean that you have the right to operate a motor vehicle. So far, the courts have consistently ruled that a privilege.

You can travel all you want. You just don't have the right to do it behind the wheel of a motor vehicle.

 

[Captian Picard]

In my state there is no such definition of a "driver" as being a commercial operator.

305. A "driver" is a person who drives or is in actual physical
control of a vehicle. The term "driver" does not include the
tillerman or other person who, in an auxiliary capacity, assists the
driver in the steering or operation of any articulated firefighting
apparatus.​

Search out the federal definition (commercial) & other states ... I think that a state cannot define this term given the federal freedom to assemble clauses of the constitution but some states do not use "commercial" in their "driver" definitions .. most do though. Then some even say "motor vehicle operator" as well as defining driver in commercial terms.

Its a very interesting point to examine, One has to look at it without preconceived notions, looking at the subject from scratch. And also look at the history behind the current law. I think that we have had the wool pulled over our eyes.

 

[justalayman]

people should never carry a concealed weapon, dont conceal it, U tink
.

In some states, a license is required to carry a weapon at all. In others, no license is required if you open carry. It is state specific.