FILE: Illinois Overturns Concealed Carry Law

Federal court: No Second Amendment guarantee for concealed carry

by Karen Augé, The Denver Post  |  published on February 24, 2013

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.

Lucero cited case law dating to the 1800s that put restrictions on walking around in public with a gun.

“In light of our nation’s extensive practice of restricting citizens’ freedom to carry firearms in a concealed manner, we hold that this activity does not fall within the scope of the Second Amendment’s protections,” he wrote in the ruling issued Friday.

The case began when a Washington state resident was denied a permit to carry a concealed weapon in Colorado. Gray Peterson, who holds a concealed carry permit in his home state as well as in Florida, applied for a similar permit in Colorado.

When that permit was denied, because Colorado law allows only state residents to hold one, Peterson sued.

On a blog Peterson describes himself as “a civil rights activist” who specializes in lesbian, gay and transgender issues as well as Second Amendment rights.

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