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Saturday, February 23, 2013

Courts - 10th Circuit: "No Second Amendment guarantee for concealed carry"

Yesterday the ILB reported that the 7th Circuit, by a vote of 5-4, had denied rehearing in Michael Moore v. Lisa Madigan, AG, its opinion striking down a statewide ban on carrying concealed weapons.

However, also in an opinion filed yesterday, the 10th Circuit, in Peterson v. Martinez, decided, per this story by Karen Auge in the Denver Post:

The Second Amendment's guarantee of a right to bear arms does not extend to the right to carry a concealed weapon in public, a federal appeals court in Denver has ruled.

"We conclude that the carrying of concealed firearms is not protected by the Second Amendment . . ." Justice Carlos Lucero wrote on behalf of a three-judge panel of the 10th U.S. Circuit Court of Appeals.

Later in the story:
The 10th Circuit's ruling comes on the same day gun rights activists were celebrating a victory, as a federal appeals court in Chicago said it won't reconsider an earlier ruling that Illinois' concealed-carry ban is unconstitutional.

Posted by Marcia Oddi on February 23, 2013 05:55 PM
Posted to Courts in general