Handgun carry licenses are not valid:
The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for a law, which violates the Constitution to be valid. This is succintly stated as follows:
“If the state converts a liberty into a priveledge the citizen can engage in the right with impunity”
Shuttlesworth v Birmingham , 373 US 262
“Where rights secured by the constitution are involved, there can be no rule making or legislation which would abrogate them.”
Miranda v Arizona, 384 US 436 (1966)
"The State cannot diminish the rights of the People."
Hertado vs. California (110 U.S. 516)
The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.
"An unconstitutional act is not law; it confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed."
Norton v Shelby County 118 US 425 (1886)
A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.
No one is bound to obey an unconstitutional law and no courts are bound to enforce it.
--16th American Jurisprudence, 2nd Edition,
Volume 16, Section 177
“This constitution and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary not withstanding.”
--Article 6, Clause 2 of the Constitution
The claim and exercise of a Constitutional right cannot be converted into a crime.
Miller v. U.S., 230 F.2d. 486, 489
2007-09-21 12:17:53
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answer #1
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answered by KD7ONE 5
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The stats show that licence to carry or not there isn't much difference either way. In states that have licence carry laws the 'crime rate' hasn't inched either up or down. There's no less crime, but then again there's no additional crime either. In point of fact, most people who have a carry licence rarely carry....at least in a holster or purse. The reason is simple...pistols of any size are heavy and require a degree of wardrobe hassle. Some folks carry them in the car when traveling, but frankly if you're packing you look like a moron and people look at you funny. Here in Arizona you can carry openly anywhere...just strap that hogleg on. Again, it looks goofy, so most people simply leave the gun at home. I have a carry licence, but I think I carried once just see how it felt. It felt silly. I mean really....going heeled into Safeway with my nine under my shirt made me feel like a peach at an orange convention. If I ever felt I needed to carry I would, and I'm glad my state allows for concealed carry. But in the real world it's generally more of a pain in the butt than something you'd want to do on a daily basis. On the other hand, if you need some artillery and don't have it you may never need it again. You decide!
2007-09-21 12:12:12
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answer #2
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answered by Noah H 7
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Absolutely a good thing... look at countries that have a high number of gun-toting citizens and the crime rates are extremely low. Look at counties that are primarily hunters and farmers - again, very low crime rate.
An armed society is a polite society. It is very important that proper gun etiquette is learned and practiced. Like anything else, the more training one has, the more respect one has for the firearm and the better it is for everyone.
Many crimes have been averted because there were a large number of armed citizens in close proximity. Especially in Las Vegas. On more than one occasion someone tried to hold up a bar, or a store, or a gun-shop of all places and the general public was able to assist in the apprehension of the criminal because they were all armed.
We wouldn't be a country if our colonists were not armed. We will cease to be a country when they take away our arms.
I'm all for it.
2007-09-21 12:02:51
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answer #3
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answered by Anonymous
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I'm not certain -- good question, because I'd never thought about this. I do own guns -- a pistol and a rifle -- but I've never been interested in "carrying," per se.
I suppose I don't care whether others carry, as long as they meet the licensing requirements, and prove to the law that they're not out of their minds. Then again, I suppose if 5-D Cheney is a menace with a shotgun, anyone could be a danger on an open street...
2007-09-21 12:00:30
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answer #4
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answered by Anonymous
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I think that if you want to carry a gun and can get a licenses
for carrying it concealed it should be all right.
If every one walked around carrying guns it would be the wild west again. A few years ago i lived kennasaw ga. they passed a law that everyone in city limits had to carry a gun.
It was a law and they enforced for a while. but it soon got out hand because people got to carrying all kinds of guns.
In some places you can get pistol toting licences but perfere conealed.
2007-09-21 12:18:56
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answer #5
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answered by Iron Mike 1
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I think they're a good thing,which is probably why I have had one in two states so far. In fact I can safely say I would not reside in a State that would not allow it. I have never had to actually fire a weapon upon anyone,I sincerely hope that it stays that way. But if the moment ever arises where I need my gun it's reassuring to know it's there,because the one thing I know for sure is that if and when that moment arrives the Police won't be there. That is not an indictment of the Police,it's a basic reality.
Jack
2007-09-21 12:07:15
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answer #6
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answered by Anonymous
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Mine probably saved my life. 06/07/06. 0230am. A guy came at me with a gun as I was making a delivery to a grocery store. We had it out, he retreated. Showed the police my permit. They did not give me one bit of hassle. Another one of our drivers had been robbed at same store 6 weeks earlier. My attacker matched description of his. Crackhead POS.
That being said, just carrying a weapon is a bad idea if you do not have the training or mental attitude to use it properly and decisively. You have to practice and when in possible hazardous situations, keep your eyes open. I tried to walk away from this guy but he continued after me. I gave him the chance to back off and he didn't. He fired first, missing me with his one shot by 10 ft. I fired twice and my first shot missed him by 18", embedding in a steel security door he was standing next to. Range was about 75 ft. Caught me under a light in the back of the store parking lot as I was trying to walk back around my 80 ft rig. I had seen his faint outline down the backside of the building. No place to go. From the time I saw the guy to the time he fled, about 7 seconds. No talking. Just a come here gesture from him when he stepped out into the light from the dark back corner of the building with his left hand as he was pointing a small silver auto at me with his right. Think I had time to call 911?
I wonder how close that .38 sounded to his head when it smacked that steel security door. It really made him jink.
2007-09-21 12:21:32
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answer #7
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answered by Anonymous
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I don't have a problem with requiring licenses for concealed weapons. I see no infringement on an Americans' right to bear arms here.
I have more of an issue with the requirements for all gun purchases, although with the school shootings and all the officers who've been killed, I see a need.
ADDED: The federal crack-down on felons with guns tells me they are not playing, when it comes to convicted criminals and guns.
2007-09-21 11:59:48
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answer #8
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answered by ? 7
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Absolutely it is a good thing. If you are well trained and continue your training (going to the range) you are an asset to not only your loved ones but, perfect strangers as well.
It's like anything though, if you put a weapon in the hands of an idiot there are going to be problems.
That's the trade off of freedom.
I personally would rather have freedom than a bunch of laws prohibiting concealed carry.
2007-09-21 11:57:44
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answer #9
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answered by Anonymous
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That's the thing; licenses go out to just about anyone. I don't want every two-bit schmuck to have a concealed weapon, even if I've got one as well. Licenses are fine if there are more rigorous hurdles to pass to get one. I don't know what those are, but there need to be more.
Takes road rage to an all new level if people can carry weapons in their vehicles.
What about school fights? Even if they can't buy them, their parents will probably be dumb enough to leave something lying around.
2007-09-21 12:00:17
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answer #10
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answered by K 5
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