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Homeless+McDonald=Concealed Carry for All

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bushmaster1313

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If the Constitution now protects the right to keep a handgun in one's home how does a homeless person exercise their right?

The only way would be to keep a gun on one's person, i.e. right to carry!

And if a homeless person has that right everyone else does!
 
As "Uncle Ted" says "The second amendment "is" my right to carry." Read the amendment......It states the right to "keep" and "bear" arms shall not be infringed. I "keep" them in my safe untill I "bear" them on my person. Nuf said bub.
 
Well, unfortunately homeless people seem to lack many of the rights "real" people with addresses enjoy. Can you even vote with no proof of residence?
 
That's an interesting legal angle.

The right case, where the plaintiff has a clean criminal record, a clean bill of mental health, and is a "respectable citizen", but has no "home" where he/she can keep a loaded handgun, could be a good way to proceed. Many "homeless" people aren't exactly model plaintiffs, but there are likely some people who fit these requirements. You don't want the case to get mired in peripheral issues.

What about cases like independent interstate truckers, whose "homes" and "places of business" might be the elaborate semi-trucks we see plying the highways of the US?

Interesting idea, bushmaster1313.
 
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That is really a good question!!

You've given me a headache trying to consider the options between a Homeless with, and without a CCW.

Would that require the gun be stored unloaded in the backpack/shoppingcart/tent without the CCW?

Would the innate uselessness of a gun so stored make OC the only legal option for someone to carry their arm in such a situation?

When transporting firearms, Non-CCW Owners of Station wagons in Oregon are exempt from the requirement to store weapons in the trunk , (as there is no trunk) but must keep ammunition well separate and inaccessible
 
1st thing we have to do is get rid of this myth that the 2A only applies to the home. We now know at least 2 very important things; 1. The 2A is an individual right and 2. It is now a right that should have the same meaning to the states that it does/did have to the fed gov't.

But, there is something else any reasonable person should be able to ascertain. Our framers didn't intend that we should unload our guns and put them in locked strongboxes every time we left our homes.
 
gbran said:
1st thing we have to do is get rid of this myth that the 2A only applies to the home. We now know at least 2 very important things; 1. The 2A is an individual right and 2. It is now a right that should have the same meaning to the states that it does/did have to the fed gov't.

But, there is something else any reasonable person should be able to ascertain. Our framers didn't intend that we should unload our guns and put them in locked strongboxes every time we left our homes.
Click to expand...
The home portion of the 2A comes from its British origins where people were forced to keep guns in their homes. It wasn't a right. It was a requirement.

This is a quote directly from the McDonald decision:

It is important to keep in mind that Heller, while striking down a law that prohibited the possession of handguns in the home, recognized that the right to keep and bear arms is not “a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”
Click to expand...

All that doesn't mean we have to agree with it, but that's the foundation and the way the law has been interpreted.
 
In Florida they are expressly prohibited from possessing arms if they are deemed 'transients'(homeless), its messed up as they could sue the protection
 
So someone from a state outside of Florida can get a Florida CCW permit and use it to carry while hanging out in yet another state but the homeless resident of Florida is not allowed to possess any weapon.

Go figure!
 
"To keep=to own or posses

To bear=to have on ones person "


To bear also means = to bring into operation or effect; As in, "The ship brought to bear, all it guns on the island."

So to bear arms also means to use them. Also you can not use them if you do not carry them with you.
 
One-Time said:
In Florida they are expressly prohibited from possessing arms if they are deemed 'transients'(homeless), its messed up as they could sue the protection
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I dont think its messed up at all, I'm glad the homeless don't have guns. I live in a beach community swarmed with them and can only imagine how quickly begging might turn into armed robbery if that were the case.

I know this is O/T though, proceed....
 
ArmedBear said:
That's an interesting legal angle.

The right case, where the plaintiff has a clean criminal record, a clean bill of mental health, and is a "respectable citizen", but has no "home" where he/she can keep a loaded handgun, could be a good way to proceed. Many "homeless" people aren't exactly model plaintiffs, but there are likely some people who fit these requirements. You don't want the case to get mired in peripheral issues.

What about cases like independent interstate truckers, whose "homes" and "places of business" might be the elaborate semi-trucks we see plying the highways of the US?

Interesting idea, bushmaster1313.
Click to expand...
Most landmark cases involved plaintiffs who weren't exactly model citizens. Miranda, "Jane Roe", et al...
 
In the carry case now in the District of D.C. Court (Palmer), Alan Gura, the attorney who won Heller and McDonald, is arguing on summary judgment that the 2nd Amendment protects at least one of open or concealed carry, but not necessarily both.
 
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