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RIGHT TO CARRY IS SEVERLY RESTRICTED BY LAW

23 January 2018 by Online Carry Training

Until 1934, the Second Amendment right to bear arms was rarely challenged. It was considered acceptable for a man to possess a firearm. However public sentiment over the years has changed and states have challenged the interpretation and scope of the “Right to Bear Arms” under the Second Amendment.

In 2001, in the first Supreme Court case to really challenge the meaning of the Second Amendment, United States vs. Miller, federal courts determined that the right to keep and bear arms applied only to an individual in military service.

In 2008, in the case of Heller vs. McDonald, the Supreme Court overturned that decision and ruled that the Second Amendment protects the individual’s right to possess and carry weapons, not just those in the service of the military. However, certain government-imposed restrictions on an individual’s possession of a firearm were deemed acceptable.

Since that time, numerous challenges to the Second Amendment protection of an individual’s right to bear arms outside the individual’s home or place of business have been instituted in state courts and been brought to the Supreme Court for review & ruling.

Which weapons are protected by the Second Amendment? The Supreme Court has not specifically defined which weapons fall under the protection of the Second Amendment but they have given “guidance” on the issue by ruling that the Amendment encompasses “weapons typically possessed by law-abiding citizens for lawful purposes” and that the Second Amendment does not protect the “Possession of dangerous or unusual weapons”.

The National Firearms Act passed in 1934 places restrictions on the sale of possession of short –barreled shotguns, machine guns and silencers. Some states such as New York and California have prohibited ownership of these types of firearms.

Are any individuals prohibited from keeping and carrying a firearm? The Brady Handgun Violence Prevention Act passed in 1964 prohibits felons, substance abuse addicts, mentally ill persons, those dishonorably discharged from the military, those who have renounced their U.S. citizenship, individual’s convicted of domestic violence or subject to a domestic violence restraining order from possessing or carrying a weapon.

Can an individual carry a firearm in public?

While an individual’s right to possess and carry a firearm in public has not been specifically banned, numerous challenges to the law in the form of passage of limitations and restrictions have been instituted at the state level. As a result, the decision to issue permits to concealed carry a firearm has been left to the discretion of the state. State “Gun Control ” laws vary considerably with some state imposing more firearms restrictions than others. States also have “Right carry” laws that either allow or prohibit an individual from carrying a concealed gun in public.

Firearm owners are subject to the firearm laws of the state that they are in, not just the state where they reside. Reciprocity between states exists in certain situations but they are on a state-by-state basis.

Are there any locations where a firearm may not be carried? The Supreme Court has ruled that firearms are prohibited in schools, government buildings and other “sensitive places”. Additionally, privately held businesses have the right to refuse to allow individuals to carry weapons on their premises as long as they provide prior notification to those individuals.

It is essential for every concealed carrier to understand the federal and state laws that apply to him or her.

National Carry Academy is the premier training resource for those that decide to carry a gun as a part of their lifestyle. We offer a combination of online and in-person training classes. In addition to training and firearms safety courses, we also offer our members discounts on high quality firearms and accessories and defense training programs with other national providers like Krav Maga. Contact us at support@nationacarryacademy.com

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