Courts Make it Easy to Carry a Loaded Weapon in Public [Podcast]

Posted December 20, 2012 in Criminal Law Podcasts by

 

In the 30 days prior to the senseless shootings at Sandy Hook Elementary School, three federal appeals courts ruled on the right to bear arms — in one case expanding the right to carry a loaded gun in public. 

Speaking with Lawyers.com radio host, Matt Plessner, Editor-in-Chief Larry Bodine explains that the right to bear arms is very expansive. Some states don’t even require a person to get a permit to carry a loaded firearm outside. Despite the outrage over the easy availability of firearms in the U.S., Bodine explains that “any kind of complete ban on handguns is not going to stand up” in court.

“Law-abiding adults do have the use of firearms to defend their homes,” Bodine says.  “But what happens when you step outside the house with loaded handgun and try to take that in public?” Handgun laws vary from state to state, and Bodine talks about three new court decisions that spell out what limits there are:

  • Illinois – This was the only state that banned carrying concealed weapons in public. However, an appellate court struck down this ban.
  • New York – A federal appellate court upheld the state’s gun permit laws, which requires that applicants for a CCW (conceal carry weapon) permit demonstrate a special need for self protection, distinct from the general community. But even with this permit system, it’s still pretty easy to get a gun for target practice or hunting.
  • Texas – An appellate court held it’s illegal for a federally licensed arms dealer to sell guns to anyone under 21. However, there are several ways to get around this restriction.

For more information on recent developments with the Second Amendment, listen to our complete podcast on Lawyers.com radio and read more on our news site at Lawyers.com.

 

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