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> Legally, you're allowed to use emergency powers to suspend open/concealed carry. No. See for example 42 USC 5207 at the federal level. The southern states I’

by IdoRA 6y ago

> Legally, you're allowed to use emergency powers to suspend open/concealed carry. No. See for example 42 USC 5207 at the federal level. The southern states I’m familiar with have similar provisions, unsure of others.

kenhwang 6y ago
Maybe read District of Columbia v. Heller. (2) Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court's opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller's holding that the sorts of weapons protected are those "in common use at the time" finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Even 42 U.S. Code § 5207 allows for temporary surrender and references "otherwise authorized to carry firearms under Federal, State, or local law" which implies authorization isn't guaranteed.
- IdoRA 6y ago
  I am familiar with Heller. The temporary surrender under 5207(b) is quite limited both in scope and duration, more than you suggest: > Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation. The reference you make to “otherwise authorized to carry firearms…” (I assume) in 5207(a)(4) is also more limited in scope than you state: > prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency. I do know of states that relax bearing of arms during an emergency (Florida) and several that largely mirror the federal code. You’ve made a very broad claim that “Legally, you're allowed to use emergency powers to suspend open/concealed carry.” that I don’t think holds across the entire US, and I am skeptical would hold even across a majority of the US. Some concrete examples would be helpful.

by IdoRA 6y ago

kenhwang 6y ago

Maybe read District of Columbia v. Heller. (2) Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court's opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller's holding that the sorts of weapons protected are those "in common use at the time" finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons. Even 42 U.S. Code § 5207 allows for temporary surrender and references "otherwise authorized to carry firearms under Federal, State, or local law" which implies authorization isn't guaranteed.

IdoRA 6y ago
I am familiar with Heller. The temporary surrender under 5207(b) is quite limited both in scope and duration, more than you suggest: > Nothing in this section shall be construed to prohibit any person in subsection (a) from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency, provided that such temporarily surrendered firearm is returned at the completion of such rescue or evacuation. The reference you make to “otherwise authorized to carry firearms…” (I assume) in 5207(a)(4) is also more limited in scope than you state: > prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency. I do know of states that relax bearing of arms during an emergency (Florida) and several that largely mirror the federal code. You’ve made a very broad claim that “Legally, you're allowed to use emergency powers to suspend open/concealed carry.” that I don’t think holds across the entire US, and I am skeptical would hold even across a majority of the US. Some concrete examples would be helpful.