Sunday, May 30, 2010

Right-to-Carry 2010 Movement


The Supreme Court, in District of Columbia v. Heller (2008), ruled that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation. This meaning is strongly confirmed by the historical background of the Second Amendment.”

Self-defense is a fundamental right. The U.S. constitution, the constitutions of 44 states, common law, and the laws of all states recognize the right to use arms in self-defense. RTC laws respect the right to self-defense by allowing individuals to carry firearms for protection.

There are 40 Right-to-Carry states: 37 have “shall issue” laws, requiring that carry permits be issued to applicants who meet uniform standards established by the state legislature. Two have fairly-administered discretionary-issue carry permit systems. Vermont respects the right to carry without a permit. Alaska and Arizona have “shall issue” permit systems for permit reciprocity1 with other states, and have allowed concealed carrying without a permit since 2003 and July 2010,* respectively. Of the 10 non-RTC states, eight have restrictively-administered discretionary-issue systems; Illinois and Wisconsin have no permit system and prohibit carrying. Iowa became the most recent “shall issue” state on April 29, 2010, when Governor Chet Culver (D) signed legislation adopted by votes of 81-16 in the state’s House of Representatives and 44-4 in the Senate.

Police aren’t required to protect you: In Warren v. District of Columbia (1981), the D.C. Court of Appeals ruled, “official police personnel and the government employing them are not generally liable to victims of criminal acts for failure to provide adequate police protection . . . a government and its agents are under no general duty to provide public services, such as police protection, to any particular citizen.” In Bowers v. DeVito (1982), the Seventh Circuit Court of Appeals ruled, “[T]here is no constitutional right to be protected by the state against being murdered by criminals or madmen.

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