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Mike
Super Moderator
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Posted: Tue Jun 24th, 2008 02:04 pm |
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Here is the Texas effort: http://www.petitiononline.com/texasoc/petition.html
And it's gotten the issue of restoration of Texas open carry rights into the new big time!
If I lived in AR this petition would be online by noon today!
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Malum Prohibitum
Member
| Joined: | Sat Sep 9th, 2006 |
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| Posts: | 681 |
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Posted: Tue Jun 24th, 2008 06:48 pm |
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| What change would be needed to which code?
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Mike
Super Moderator
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Posted: Tue Jun 24th, 2008 07:20 pm |
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Malum Prohibitum wrote: What change would be needed to which code?
it is a convoluted code with a traveling defenbse that does not even explicitly inlcude a CHP on foot!
Anyway, for petition purposes, we do not necessarily need this cite.
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Malum Prohibitum
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Posted: Thu Jun 26th, 2008 07:49 pm |
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Mike wrote: Here is the Texas effort: http://www.petitiononline.com/texasoc/petition.html
And it's gotten the issue of restoration of Texas open carry rights into the new big time!
If I lived in AR this petition would be online by noon today!
Mike,
Scalia has given you what you need in Texas and elsewhere! Please see page 57, where he is discussing the most severe restrictions in history. Prohibiting openly carried weapons is listed (citing, inter alia, Nunn v. State, which GeorgiaCarry.Org quoted at length in its amicus brief - and which the Supreme Court quoted the exact same portion on pages 39-40).
Actually, several of the GCO arguments seem to have found their way into the opinion, like the 1770 Georgia law requiring people to carry guns to church (see page 28).
Back to the point. If page 57 does not give you what you need, I cannot imagine what will.
ED
Page 57. Scalia is discussing the "[f]ew laws in the history of our Nation [that] have come close to the severe restriction of the District's handgun ban," and he mentions the ban on carrying guns in Georgia.
Quote:
In Nunn v. State, the Georgia Supreme Court struck down a prohibition on carrying pistols openly (even though it upheld a prohibition on carrying concealed weapons). See 1 Ga., at 251
Last edited on Thu Jun 26th, 2008 07:50 pm by Malum Prohibitum
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Mike
Super Moderator
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Posted: Thu Jun 26th, 2008 09:40 pm |
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Malum Prohibitum wrote: Mike wrote: Here is the Texas effort: http://www.petitiononline.com/texasoc/petition.html
And it's gotten the issue of restoration of Texas open carry rights into the new big time!
If I lived in AR this petition would be online by noon today!
Mike,
Scalia has given you what you need in Texas and elsewhere! Please see page 57, where he is discussing the most severe restrictions in history. Prohibiting openly carried weapons is listed (citing, inter alia, Nunn v. State, which GeorgiaCarry.Org quoted at length in its amicus brief - and which the Supreme Court quoted the exact same portion on pages 39-40).
Actually, several of the GCO arguments seem to have found their way into the opinion, like the 1770 Georgia law requiring people to carry guns to church (see page 28).
Back to the point. If page 57 does not give you what you need, I cannot imagine what will.
ED
Page 57. Scalia is discussing the "[f]ew laws in the history of our Nation [that] have come close to the severe restriction of the District's handgun ban," and he mentions the ban on carrying guns in Georgia.
Quote:
In Nunn v. State, the Georgia Supreme Court struck down a prohibition on carrying pistols openly (even though it upheld a prohibition on carrying concealed weapons). See 1 Ga., at 251
Did Nunn allow licensing of open carry though?
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Malum Prohibitum
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Posted: Fri Jun 27th, 2008 12:33 pm |
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Nunn is 1846. The first licensing statute was 1910, and it was designed to disarm blacks in Georgia.
http://www.georgiacarry.org/cms/wp-content/uploads/2007/11/racist-roots-of-ga-gun-laws.pdf
Please read GCO's special report.
In short, licensing was not discussed. Nunn v. State declared that the right to carry a pistol openly was protected by the Second Amendment. The discussion of concealed carry was obiter dictum, since Nunn was arrested while carrying openly. (Nunn is probably no longer good law , since the Georgia Supreme Court opined in the 20th century that the Nunn court could not have possibly "meant what it said." There is some good legal reasoning )
Scalia appears to be arguing that open carry is protected by the Second Amendment, while opining that perhaps concealed carry is not.
Anyway, this should be useful stuff if you can get it into the hands of the right people in places like Texas and Florida.  By "right people," I mean those who understand that challenges to the law should be waged on two fronts: litigation and legislation. Those people will also understand the need to take "baby steps" in litigation, taking full advantage of the precedent in Heller by using it as a foundation and laying one brick at a time, rather than trying to erect the Taj Mahal in one single lawsuit - which will end up backfiring.
Last edited on Fri Jun 27th, 2008 12:35 pm by Malum Prohibitum
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cmatthews40510
Member
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Posted: Mon Jun 30th, 2008 03:22 am |
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| I would absolutely love to see open carry in Arkansas! I always take advantage of the right to do so in Tennessee on business travels. However, trying to get laws changed around here.... might be easier just to move to Tennessee. Last edited on Mon Jun 30th, 2008 03:23 am by cmatthews40510
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Mike
Super Moderator
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Posted: Mon Jun 30th, 2008 04:07 am |
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cmatthews40510 wrote: I would absolutely love to see open carry in Arkansas! I always take advantage of the right to do so in Tennessee on business travels. However, trying to get laws changed around here.... might be easier just to move to Tennessee.
Give it a shot! Let us know when the petition is posted.Last edited on Sat Jul 5th, 2008 04:32 pm by Mike
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Chickenwang
Member
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Posted: Tue Jul 1st, 2008 07:52 pm |
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cmatthews40510 wrote: I would absolutely love to see open carry in Arkansas! I always take advantage of the right to do so in Tennessee on business travels. However, trying to get laws changed around here.... might be easier just to move to Tennessee.
It's a fight I'm willing to fight. Every non-OC state needs one ( not that I'm trying to recruit you to do all of them, just Ar) Besides its a petition, not walking on glass Collaborate with another resident and make something happen if you don't want to invest everything it takes on your own. I can't do it all but I can do something. I am sure there are many here like me.
If you don't fight you will never win.
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Mike
Super Moderator
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Posted: Sat Jul 19th, 2008 01:48 pm |
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| If anyone would like to start the petititon for arkansas, contact me - I can help. We can learn from the other petions as to what text to use and the format of the online petition. You have to get it right the first time as they won't let you change it.
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