Court: Concealed gun permits not protected by 2nd Amendment
DENVER (AP) - A federal appeals court has ruled that permits allowing people to carry concealed weapons are not protected by the Second Amendment.
The ruling by the 10th U.S. Circuit Court of Appeals was issued Friday in a case involving Washington state resident Gray Peterson.
A federal judge in 2011 tossed out Peterson's lawsuit filed against Denver and the state of Colorado's Department of Public Safety. Peterson claims 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 was "gratified that the 10th Circuit Court has upheld Colorado state law," spokeswoman Carolyn Tyler said.
The National Rifle Association did not return a phone call seeking comment and Peterson could not be located for comment.
In its ruling, the three-judge panel cited a U.S. 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 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," the judges ruled.
According to court records, Peterson had permits from Florida and Washington. Peterson said he was a frequent visitor to Denver and needed to carry a firearm during his visits.
The ruling by the 10th U.S. Circuit Court of Appeals was issued Friday in a case involving Washington state resident Gray Peterson.
A federal judge in 2011 tossed out Peterson's lawsuit filed against Denver and the state of Colorado's Department of Public Safety. Peterson claims 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 was "gratified that the 10th Circuit Court has upheld Colorado state law," spokeswoman Carolyn Tyler said.
The National Rifle Association did not return a phone call seeking comment and Peterson could not be located for comment.
In its ruling, the three-judge panel cited a U.S. 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 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," the judges ruled.
According to court records, Peterson had permits from Florida and Washington. Peterson said he was a frequent visitor to Denver and needed to carry a firearm during his visits.
You got to love this vitriol from the paranoids, the pack is a howling! NY state will soon cover COUNTRY on handguns, all registered and a license, or free room and board! The end is near for these "die hards", and please please live up to your angry jingoistic shots firing at will! ATF taking notes? yep, hurry run to your bunker! oh and please remember to turn off your wifi so you can't be found!...we love you anyways wretched disheveled scared little guy, drawling and drooling, repeat our compassion for you is free room and board! Very liberal, considering...YOUR VERY GENEROUS OFFERS! Haha hahahahahahha it is just to easy!
The judge is correct! Concealed gun permits not protected by 2nd Amendment because Concealed gun permits are a violation of the 2nd Amendment! Governments do not have any right to tax us for our constitutional rights!
I do not obey unconstitutional interpretations so this courts rulings mean nothing to me. Â I know I am tbe same good citizen pre and post this courts ruling so I will be imprisoned perhaps after self defense but alive should I decide to carry concealed anyway. Â This will only make good folks outlaws.
@Ramona Congratulations on achieving full criminal status. You know it is against the law and you deliberately decided to break the law. You are no different from the armed robber or the mugger, just very self-righteous.
I have concealed permits from several states (not including Colorado, as in the story), and if I can't carry legally, I don't.
@ShallowEnder @Ramona Good for you I stand by my God given rights to bear arms whether you or the government likes it or outlawing or not because God given rights as well.as the Constiution as written and intended as opposed reinterpreted by idiots like president Obumbler, v.p. Bidingbat etc. If Hitler did not disarm, the secret police in the middle of the night would at least have to fight for their death camp victims!
@Ramona 2 things:
"Better to be judged by 12, than carried by 6."
The 11th Commandment: Thou shall not get Caught.
in the wild west the towns folk had to be armed to protect the town from the bad guys. Now that all crime has been abolished by laws we no longer need guns. NOT!
concealed weapons permits are nothing more than the government charging us for our civil rights. making as many rules against carrying a firearm as they can so they can take them away from us is also un-american.
Maybe you don't need to carry a gun but some people need to and their rights should not be infringed.Â
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The 'well-regulated" part meant well-equipped and trained, not constrained unduly by government regulation. The right of the people to KEEP and BEAR ARMS SHALL NOT BE INFRINGED. How difficult is this to understand? Very difficult for liberals, it seems.
Rape, theft and murder were with us long before firearms and they will always be with us. Firearms have lessened them any, quite the opposite. We can cut back on firearm deaths by allowing less of them. Restricting who can have them will help. The police and FBI stats show during the assault weapons ban there were less killings with those type of weapons. If you hold delusions of overthrowing the government, those days are long over. No matter party controls they are not going to allow a revolution.With Drones and air power alone they can take out whoever they want.
@Techchefpdx"Restricting who can have them will help."
Is that what you're going to do? Are YOU going to go tell law-abiding citizens and veterans they're suddenly criminals if they don't give you their stuff and let you register them and search their homes?
Or, is this something you're threatening to have "them" do for you with air power and drones?  Guess who flies the freakin' drones?  It ain't you or Ginny Burdick or Diane Feinstein, is it? Guess who knows private pilot students who are former drove-drivers, and have already had this conversation?
Guess who knows a bunch of helicopter mechanics. You know, one sabotaged bearing could take down an entire fleet of Blackhawks until the local air units figure out which one(s) in their ranks love the 2nd Amendment more than they love killing Americans because some liberal tyrant tells them to.
Drones fly on jet fuel. Who drives the jet fuel to the bases. Who makes sure the jet fuel isn't contaminated? Who makes sure the jet fuel GETS to the base? What happens if there's no jet fuel because a pipeline or a refinery was sabotaged? What happens if, instead, people say "ENOUGH" and start setting off tear gas grenades or pipe bombs at liberal gatherings such as the Country Fair. Are drone strikes going to protect them from poison oak in a vegan-restaurant salad bar?
What about gasoline? Are drones going to take out arsonists?Â
How freakin arrogant ARE you to assume that the ones who don't like violence and don't believe in guns are going to invoke the ones who DO, to go kill other Americans like themselves?Â
You should read about the time Athens decided the Spartans were too quiet over there, so they got all the Greeks to declare war on Sparta, and three years later when the Athenians farms and armies and settlements were destroyed and Sparta had laid seige to the, might Athens had to beg them for mercy so they could drag their dead out to be properly buried outside of the city.
Of course, Socrates tried to tell them the folly of their ways, and, look what they did to him for it.
History repeatin'? Bring it. As a result of the arrogance of the Democrats who launched a war they lacked the will to fight, little warlike Sparta became the rulers of Greece for over a century.
Read your Socrates, your Plato, your Aristotle, your Xenophon, or even your Julius Caesar. Your arrogance may be a grave mistake.
Whatever.
I'll open-carry then, until all of these liberals are removed from office, their field is plowed, their legislation undone and their ridiculous laws overturned.
Then I'll go back to carrying politely.  Never been an NRA member before, never declared political war on the Democrats, never called my friends and explained to them why they can't just skip the next election, and we're going to get people like Burdick out of office. We're going to make it perfectly clear that the next SOB that wastes our time with this while women are getting raped and kids are dying of cancer and radiation is leaking into the Columbia basin is going to be unemployed too.
I'm going to do this by pledging to my Democrat and liberal friends to continue supporting them against anti-phobic legislation such as marijuana and homosexuality laws. We cleaned the Republican house last time, now I'm calling in favors to help get the pendulum swinging the other way.   ALL -phobics and extremists, liberty-haters and hypocrites need to be flushed into the political sewer and replaced with common people of common sense.
@Playanekes I doubt you have read the constitution or even understand it. Your kind are the dying breed in this country.
@Techchefpdx@PlayanekesYour doubts aren't my concern, liberal, and the NRA ranks are growing, and the guns are flying out of stores, and the CHL permit application stack continues to grow, and you continue to deny reality. So bring it:
Oh, no! Have the commies at MSNBC seen the light?! Look, that woman is expertly shooting an AR-15 that Joe Biden doesn't think women are capable of handling.Â
http://video.msnbc.msn.com/msnbc/50834292#50834292
@Playanekes @Techchefpdx --- If we are a dying breed it will be with my boots on, a gun in my hand, shouting"Don't tread on me, Long live the Republic, Death to the new world order.
THE SECOND AMENDMENT IS MY CONCEALED CARRY PERMIT!!!!!
This comment has been deleted
@lousecrapton @Freedom1267 So how does your vaunted intellect parse " . . . shall not be infringed?"
"That's why you're going to fail and the establishment knows, no matter how much propaganda, the Republic will rise again when you attempt to take our guns." ~Alex Jones
As a former Military L.E.O with no criminal record, you better believe that Alex Jones is correct. We the people will not allow our firearms to be taken. Eroding the rights of honest citizens will backfire. (no pun intended)
@Bob McMasterson All of the current and former LEOs and veterans I know personally are 100% with you on this, and it sweeps across party lines to my liberal lawyer, professor and other professional friends, with the exception of about two.
I've got a lesbian former Marine AR-15 thumbs-upping me after Biden spoke to that woman like she wasn't capable of handling something as "hard to shoot" as an AR-15, as if a 100-lb woman is better off with a double-barrel shotgun as tall as she is.Â
HB3200's introduction after they said they weren't going to do it is, in my opinion, the declaration of war. ANY TIME YOU MAKE CRIMINALS OUT OF LAW-ABIDING PEOPLE DOING WHAT THEY NORMALLY DO, YOU ALSO MAKE ENEMIES OUT OF THEM AND ALL OF THEIR FRIENDS. It's come to that.
Nation Reciprocity baby, that's what it's all about. Lets quit messing around with this patch work of recognizing each state and do it right. This is BS the way we do it now.Â
So just open carry the weapon. People think they have a "right" to own a gun. Where did they get this "right"? Did someone give it to them? If so, it's not a right, it's a privilege and it can be revoked. No one is born with any "rights". Soon the only thing the second amendment will stand for is when you have to resend your 1040 because you didn't pay enough taxes the first two times. The "right" to own a gun LoL
@The Voice of Reason You speak of your stupid liberal opinion. We speak of God given rights which trump you, Obonehead, etc.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights...
The founder's of United States believed that certain rights were endowed by "Nature's Law", rights are not given, they are endowed from birth.
Â
They all have their special local rules that require you to possess a concealed to open carry too. The courts are filled with foreign subversives and marxist anarchist money changers  that have never served their country. As we fight the current crap, we need to embed a legal requirement that anyone elected to any office serving the people have an existing honorable DD-214 that proves they already wrote a check prior, to serve the people. These buffoons in office right now serve their masters, not the people and all the recent shootings by cops, shows you who the cops serve too. themselves and their unions.
@Kachonka Starship Troopers, eh?
Hmm the constitution came before permits, so of coarse it wouldn't be covered.
Don't get caught with Oregon weed in Nevada. Different rules
If you have a concealed carry in your resident State that should be enough to carry in any State. The argument that he should have used is a vague attachment to the Commerce Clause whereby reciprocity is accepted via Commerce and sanctioned and enforced by the Feds. Wrong move to make a 2nd amendment argument. The concern is that this will move up to the Supreme's and give them a wack at reducing firearm rights. Ol' Barack will have appointed a new justice by then and then Whamo!, there go the gun rights and Mr. Pres can say "Wasn't my idea!"Â
A guy in New York was arrested for having one legally reported and stored in his luggage and had the permit. It was a political attack because he was an Oath Keeper. This is one too. They are going to slowly test how many constitutional laws they can violate.
See the recent exposure of what DHS and police forces are using?
Targets called --"No More Hesitation"
The company was requested to offer a line of "No More Hesitation" targets "designed to give officers the experience of dealing with deadly force shooting scenarios with subjects that are not the norm during training." The targets are, "meant to help the transition for officers who are faced with these highly unusual target confrontations expected in the near future.
The supplier has scrubbed their main webpage and only authorized purchasers can view these targets curently.
http://i48.tinypic.com/10ru9p4.jpg
@Kachonka The first time a pregnant woman or a child is killed by a cop for simply having a gun, American politicians will learn the ineffectiveness of weapons and magazine bans, and they'll wish to God they hadn't.
Because then it's a shooting war against American mothers.
@Kachonkahttps://www.letshooting.com/let/spotlight_image.php
 They took the product "offline" and issued an apology which included the paragraph:
Â
"This product line was originally requested and designed by the law enforcement community to train police officers for unusually complex situation where split-second decisions could lead to unnecessary loss of life."
Maybe the court should reconsider. The Second Amendment grants the right to "bear arms". So if the court says concealed carry is not included, then the only other option would be to allow open carry if we are to honor the bear part of the Second Amendment.
When states signed on to the union one by one, they agreed to the US Constitution and also made their own state constitution. States were never to impede on our Declaration of Independence or Constitution but they get away with it to bilk us of rights and money. Bible prophecies are coming in the US of A"
If we don't pay our bills we get locked up. If the states and feds don't they borrow more and tax us and if we cant pay taxes, they take our accounts and properties. Lots of underground bunkers being built state and federal.
@Nobody
Looks like a certain judge needs to consult with a dictionary.
bear  /be(É)r/
Verb
(of a person) Carry: "he was bearing a tray".
Noun Â
A large, heavy, mostly omnivorous mammal of the family Ursidae that walks on the soles of its feet, with thick fur and a very short tail.
Second Ammendment
As ratified by the States and authenticated by Thomas Jefferson, Secretary of State:
The judge is wrong.
@JohnQ.Public @Nobody so what you are stating that gun control is now beginning with judges that can misinterpret and construe the constitution to bend there definition, while concealed permits were not around at the time of the constitution , that would make the Permit its self unconstitutional wouldn't it. Because would a Mandatory permit be against the constitution?
@lee986321 @JohnQ.Public @Nobody Misconstruance of the Second Amendment is nothing new. Legislators and politicians have been twisting it around for decades. The problem is that the people have allowed it to continue for far too long and now we've reached a tipping point.Â
Enough is enough.Â
To answer your question, CHL's do violate the constitution in my opinion. But it is the law however unlawful and We The People need to work to change that. There still has to be rules because without them we have chaos.
@Nobody The Supreme Court reconsidered it in 2008 and 2010. I don't know that the current court is all that different, or would be all that favorable in their reconsideration.
@Nobody My thoughts exactly. You beat me too it.
Don't know how this even made it into Federal Court. Â The Heller decision already endorsed concealed carry permit laws as Constitutional.
@Diogenes Correct it shouldn't have made it this far in the courts as it was covered in the Heller decision... but perhaps not as full endorsed as one would like. From the Heller decision: "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"
It's about who this person is and their political beliefs. Just like the LEGAL guy in New York that was jailed and charged with crimes when he was 100 percent legal and  TSA was on ordered  look out for OATH KEEPERS.
Why doesn't he take the time to secure a valid CO CWP when he's there as opposed to filing a lawsuit which effectively tries to force the states to collaborate? I sure hope he's not on someone's security detail...his decision making seems questionable....
Because a federal law in the SCOTUS already passed just lke driving your car. honorbound, have you ever travelled the USA n a car and required to have a seperate license in each state? No. Read the article again. It is because his resident state rejected Colorado permits. Its a political game.
As per SCOTUS a license in the USA is valid in all states, just like driving. There is also a 1916 and 1919 case law on a decision close to this in the end of the  wild west days
@honorbound Because he was denied when he applied:  "Peterson claims that being denied a concealed weapons permit because he was not a Colorado resident violated his Second Amendment rights to bear firearms."
@honorbound Most likely need to be resident. But as pointed out, get a Utah permit, or whatever state currently has reciprocity.
Everybody go outside and fire off their shotguns if "there's a problem."Â Joe Biden, spearhead of the national anti-gun movement, has proven that he's criminally insane:
http://www.usnews.com/news/articles/2013/02/20/joe-biden-shotgun-advice-could-land-jill-biden-in-jail
"I said, 'Jill, if there's ever a problem, just walk out on the balcony here, walk out and put that double-barrel shotgun and fire two blasts outside the house,'" Biden said. I'm sure the neighbors and Jill's secret service appreciate that.
If ANY AMERICAN DOES THIS RIDICULOUS AND IRRESPONSIBLE ACT IN ANY MUNICIPALITY THEY WILL GO TO JAIL AND THEY WILL ALSO BE LIABLE IN CRIMINAL AND CIVIL COURT FOR ANY DAMAGES.
BIDEN is telling Americans to go out and commit gun crimes "if there's a problem."Â These are the people presuming to interpret the Constitution.
@Playanekes yeah he needs to be removed from his job , But what American is going to "Do the Do" and not talk the talk"? Not a single one and I will tell you why..to damn Lazy, To damn scared,and there full of hot air.
Dorner woke up a bunch and showed that 1 person can take up resources of over 2000+ officers, several fed agencies, military, etc....
I have a feeling the egg shells are going to break soon
@Playanekes Isn't interpreting the Constitution the responsibility of the Supreme Court and it's lower courts?  I don't think Vice President Biden falls within those parameters.
Sundowner, Ask 0bama about that in his 1000+Executive Orders.
@KachonkaYour comment makes no sense. Â Ask him if the Supreme Court interprets the Constitution? Â We all already know that. Â Next?
@Sundowner@Playanekes "'Jill, if there's ever a problem, just walk out on the balcony here, walk out and put that double-barrel shotgun and fire two blasts outside the house,'"
That's a crime if you take his advice and you live in any city in America. Period.
Meanwhile:
-Percentage of concealed carry holders who have committed mass murders: ZERO
-Percentage of mass-murders who don't care about CHL laws:Â Â 100%
-Percentage of women who, according to women, will be raped, assaulted, or sexually abused: 33%.Â
@Playanekes @Sundowner Uncle Fester is a moron. Period.