Does the 2A mean I can carry in Wichita?

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lowracer

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The laws of the city of Wichita Kansas prohibit the carrying of handguns, concealed or otherwise.

Does the Second Amendment trump this? Can't I just carry anyway?

Can't we all just carry anywhere in the U.S.? Second Amendment should trump any infringing state or local law, right? Why apply for a permit to exercise a right?

If the city of Wichita made a new law saying that I needed a license to practice Catholicism, or face fines and jail time, would I be right in applying for that permit? Or should I just exercise my first amendment rights and go to church anyway, despite the penalty?

What would you do, if you lived in such a place?
 
The second amendment to the U.S. Constitution does not apply to state or local governments. It is one of the few amendments to the Constitution that has not been incorporated.

Let the flames begin. But before you do, please do a little checking first. I suspect this is why the NRA never mentioned the 2nd amendment in its lawsuit against San Francisco.
 
lowracer said:
The laws of the city of Wichita Kansas prohibit the carrying of handguns, concealed or otherwise.

Does the Second Amendment trump this? Can't I just carry anyway?

Can't we all just carry anywhere in the U.S.? Second Amendment should trump any infringing state or local law, right? Why apply for a permit to exercise a right?

If the city of Wichita made a new law saying that I needed a license to practice Catholicism, or face fines and jail time, would I be right in applying for that permit? Or should I just exercise my first amendment rights and go to church anyway, despite the penalty?

What would you do, if you lived in such a place?
Click to expand...

You could argue that case in Court and be right, but first you would get arrested and then have to hope your federal appeal case would be granted a hearing. You would have to want to be a martyr to even consider it.

You would need both the Second and the Fourteenth Amendment. Refer to StevenHalbrook.com.
 
All people, everywhere, possess certain rights simply because they are human beings. These rights are properly basic, being innate and inborn within each person; they can be neither created nor destroyed by other individuals or groups, but are merely recognized or not recognized by others.

The reason people band together and form governments is to protect these basic individual rights from those who would destroy these rights if that were possible. Governments have no rights of their own, but derive their powers from the consent of human beings who agree to submit, in exchange for the goverrnment's physical ability to protect their rights for them. Because a government's very existence depends upon such a foundation, the only just, righteous, and proper use of government power is to protect these basic rights.

Whenever any government, anywhere, becomes destructive to these rights instead of supporting and protecting these rights, it is not only the right but it is the duty of the people affected to either change or destroy that government.

That's all.

(Oh, yeah. As a purely pragmatic thing, you might want to just find yourself another government to submit yourself to, rather than becoming a wild-eyed revolutionary on the mean streets of Wichita.)

pax

If a law is unjust, a man is not only right to disobey it, he is obligated to do so. -– Thomas Jefferson
 
that sounds familiar pax... i'm certain i've read that somewhere before...hmmm :)
 
do you have the right? Yep. Heck you have the right to own any firearm and do what you like with it.

Legality is another matter. What you have th right to do and what they will let you do are two different things :(
 
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