How does the 2nd amendment with concealed carry registration laws protect citizen from tyrannical government?

Question

Sure, the average law abiding citizen can own a firearm legally, but a handgun cannot leave the place of residence without a concealed carry permit. In most places, the handgun cannot be carried openly, and a concealed carry permit is required to take it on your person or in your vehicle.

So you are vulernable when you leave your home, unless you register with the government. But if the government knows who carries, then the citizens are vulnerable to it.

So citizens have no recourse regarding a tyrannical government. In the case with Nazi Germany, if the Jews had been armed without registration, the concentration camps would probably not have existed.

Team Chief, I just finished reading Texas firearm statues before I posted this question. Here in Texas (and Washington state and Utah and Alabama), it is unlawful to carry openly. Also in Texas (and the other states mentioned), transport via car requires CCW (except in a few uncommon situations, the range not being one of them).

I just realized that you meant like me to cite my sources:
http://tlo2.tlc.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=WOCRFMLLUJGS&CQ_QUERY_HANDLE=127048&CQ_CUR_DOCUMENT=2&CQ_TLO_DOC_TEXT=YES

KC V, protection against criminals and tyrants could well follow from the "being necessary to the security of a free state" phrase, and the individual right easily follows from "the right of the people."

I grant that the idea of criminals being armed isn't appealing (so long as government does not make criminals out of good people), but neither are anti-American demonstrations (not comparing potential for harm at this time). Yet the 1st amendment defends that right for all, no matter how much we want to silence some people (i.e. for emboldening the enemy or degrading the morale of our troops).

Answer 1

Registration is the first step to confiscation!

Answer 2

Well, you have two different things here, one the 2nd amendment and concealed carry registration laws. One if federal the other is state.

The 2nd amendment was put there to stop the federal government from taking guns from the public, and it gives that power to the state. Yes I know the federal government requires permits for full automatic firearms, but if I remember right it was done by restricting the transportation of fully automatic firearms, not though a law stopping you from owing one.

Now a state could forbid the ownership of any firearm. But most states have a provision in their state constitution that is similar to the 2nd amendment. But a state can stop you from even owing a firearm. A state can require you not only to register ALL your firearms; they could say you can only own certain types of firearms. So if you want to change the law, take it up with your state.

Edit

To KC V

What part of “the right of the people to keep and bear arms,” didn’t you see? The Courts have already ruled, recently, that, that meant the people. The Supreme Court may be taking up the issue.

A well regulated militia: that was up to the states to define what a regulated militia was. It was up to the state to raise the militia and thus it was a state function. So it was up to the states to regulate their own militias.

Now what I find strange is that rights in every amendment except one have been expanded, that one is the 2nd. It is also the one least visited by the courts, it’s an area where the federal government doesn’t really want a ruling on, nor do most those people who are pro or con gun control. If the courts ruled as the founders intended that would mean that the federal government has no right to regulate firearms. It would be up to the individual states to do that. Think about it, the founding fathers just fought a war with one of the greatest military powers of the time, using civilians, who owned their own firearms, why would they take the guns from the very people who made up the army? The founders also realized that at some time in the future the US government might become oppressive and that the people may have to rise up and overthrow the government, some of them felt that as long as the people owned guns the government would show restraint, if not then the government would cease to exist.

Of course the Constitution has never stopped the Supreme Court; all we have to do is look at recent rulings to see that. After all it the job of the Supreme Court to interpret the constitution, but recently we’ve seen Justice Anthony Kennedy looking overseas to decided what the law of our land should be, one more thing to think about. So how the court will rule is anybody’s guess.

Of course that said a state could ban all firearms.

Answer 3

It doesn't. We have open carry in AZ, but if you ever plan on shooting at the feds, you better not register any firearm you own. Just look at what the did to pit bulls in Denver. First, they wanted them registered, not tot confiscate them, but just so they knew where all the "potentially dangerous" dogs were. 4 months later, a knock at your door and a court order to turn over your dog or get out of town. Thats a perfect example of why registering guns is stupid, right in the public eye and in the open, but people don't put 2 and 2 together.

The woman below me is wrong for so many reasons I can barely get it out. How does the government knowing you own a gun keep you from commiting a crime? If you are a criminal and plan to assault someone with a firearm, why would you register it in the first place? Registration does not prevent crime, criminals already break the law. Registration allows the government to keep tabs on who owns guns, and confiscate them if they deem it necessary. The law abiding are at risk, not criminals.

Answer 4

You may want to do a little more research on your question and then re-post it. Here's why:

The statement that a "handgun cannot leave the place of residence without a concealed carry permit" is absolutely 100% wrong. In every state, it is perfectly legal for you to be armed either in your house or while on your property, and you can carry openly in the latter case. It's also legal in every state to transport a firearm in your car; the requirements while transporting it vary from state to state, but you do NOT need a CCW permit to do it. If I'm going to the firing range, I do NOT need a CCW permit to take my weapon with me.

In most places, open handgun carry is LEGAL with certain stipulations, like not in a bank, on school grounds, etc. There are some states where open carry is not lawful, but those are the exception rather than the rule.

And I have no problem with the state or the federal government knowing that I own a gun and am licensed to carry it concealed. In order to get it, they're gonna have to take it from me, which I guarantee will NOT be an easy task.

Answer 5

Good observation! Americans that tend to forget that fact are the ones more likely to surrender even their personal rights to get along under the name of peace at any price! The 2nd Amendment was in fact written to protect citizens from tyrannical government or government that is not for, by and of the people anymore.

Just yesterday, California passed a very strict smoking ban and renters cannot smoke in private domiciles, if neighbors complain, nor can they smoke anywhere in that town. That is a huge violation of personal privacy rights, similar to what did happen in Nazi Germany, causing people to be placed in concentration camps for being different. Whether you smoke or not this should bother you.

Answer 6

Individuals can't & never could defend themselves against a tyrannical govt. It would take citizens acting together. Tody, I don't think people need guns to protect themselves against the government, but rather against criminals that the government either can't or won't stop.

Answer 7

The 2nd Amendment not only allows arms for the people to overthrow a tyranny, but also weapons to defend themselves from common criminals. A CCW or any handgun for that matter is NOT the weapon of choice for confronting tyranny, a military grade rifle is needed. But a military grade rifle is overkill and dangerous to the innocent when dealing with your local mugger.

Answer 8

Amendment II

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 individual who stated that the 2nd Amendment was to protect us from "tyranny and criminals" has me curious! What 2nd Amendment are YOU reading? The above is the 2nd Amendment and I see nothing about "criminals" in the wording.

Nor do I see anything about "individual" rights to bear arms but through a "well regulated militia" meaning that those who are with the militia can bear arms.

I have no problem registering my weapons with the government and I'm certainly not concerned about the government taking my weapons from me. I believe that those who are not prohibited by law should be able to purchase a weapon.

However, those who are prohibited and those who can't seem to read the constitution correctly DO concern me!

Answer 9

You are right but when is the government going to know when you are going to over throw them and a handgun aint going to do it. I would rather have a 12gauge shot gun with deer slugs, or a bow and arrow.

Answer 10

I support a citizen's right to own a firearm and carry it wherever they please (with a few exceptions), but I also believe that registration is important. Without it, we just give people the permission to commit illegal acts with their own guns.