NH Supreme Court 2A ruling.

[Beatnik]

Can anybody cite an Amendment (BOR) that doesn't have some form of a restriction/regulation on it?

Well, I assume that you're meaning legal restrictions, but AFAIK:
The third,
The fourth is actually extended well beyond the text,
The fifth and sixth actually had Miranda put in action to expand their use,
The seventh,
The eighth,
and pretty much every other amendment after the BOR, which aren't any less binding than the first 10 anyway.

Really, it's just the first two that are regularly bent, and the 9th and 10th may as well be scrap paper at this point.

 

[ArmedBear]

What you can do with guns and where has nothing to do with keeping and bearing them.

Arguably, "bearing arms" does include doing something with guns, and where.

There's a point at which a restriction on "what and where" becomes an unreasonable restriction on the "right to bear."

However, a restriction on whipping out a loaded gun at the city attorney's office, when there is no compelling reason to use the gun in defense of self or others, is hardly unreasonable. In fact, it could keep the guy with the gun from being shot.

 

[DigitalWarrior]

NH rocks, and the systems works as designed

In NH, we have the right to openly carry loaded weapons wherever we like (including the state house, but not courts). In NH, we shall be issued a concealed carry permit, unless there is a damn good reason not to. He provided a damned good reason to have his revoked.

He had his CCW (not his right to bear arms openly) revoked.

Then-Police Chief William Fenniman revoked the concealed weapons permit, saying the incident showed unsafe and inappropriate handling of the weapon and citing other examples of reckless behavior.

159:6 License to Carry. –
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth anniversary of the license holder's date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town granting said licenses; the fee for licenses granted to out-of-state residents shall be $20, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.

Suspension or Revocation of License:

I. The issuing authority may order a license to carry a loaded pistol or revolver issued to any person pursuant to RSA 159:6 to be suspended or revoked for just cause, provided written notice of the suspension or revocation and the reason therefore is given to the licensee. A licensee whose license has been suspended or revoked shall be permitted a hearing on such suspension or revocation if a hearing is requested by the licensee to the issuing authority within 7 days of the suspension or revocation.

 

[deadin]

Well, I assume that you're meaning legal restrictions

Well, no. Actually I'm referring to any restriction or law that hasn't been found unconstitutional by the SCOTUS.
Any law "in effect" is legal and enforceable until declared unconstitutional by the courts. The courts are the final arbitors of the law unless Congress actually changes an existing law.

3rd - allows modification by the phrase "but in a manner prescribed by law"

4th - the definition of "unreasonable" seems to be up for grabs and has yet to be defined.

5th - The term "public use" has been redefined to include taking private property to be used "for the public good" to include shopping malls,etc. This one is still working it's way through the system.

7th - Like the 3rd, wording passes the buck to "common law"

8th - Big disagreement over just what "excessive" and "cruel & unusual" means. Until there is a ruling, the $10M bail and Sheriff Joe in Maricopa County have free reign. (I personally like Sheriff Joe's system, but am expecting it to get shot down one of these days.)

 

[romma]

This person maybe should lose their permit, but losing 2nd ammendment rights in it's entirety is something else.

If anything, the way to go about that would be to arrest him for some type of threatening behavior, and see if a conviction sticks...

Then of course he should gets those rights back after time served IMO...

Of course I am in CT where if you blow concealment walking down the street via a gust of wind, you could lose your permit... Even though there is not one piece of legislation surrounding open carry or concealed. Connecticut is even listed as an open carry state according to opencarry.org .

 

[mp510]

I agree , the guy was an idiot . But the judges words are more disturbing to me .

If we think about it, NO right is absolute. Is it a violation of the freedom of speech to say you can't scream fire in a crowded theatre? Clearly it isn't.

 

[mnrivrat]

If we think about it, NO right is absolute. Is it a violation of the freedom of speech to say you can't scream fire in a crowded theatre? Clearly it isn't.

I hear this reference from time to time as being a freedom of speech issue but I'm realy not convinced it is a good example. If one were to scream fire in a crowded theater would you charge them with violating the 1st amendment ? or would you charge them with reckless endangerment ?

I don't see the action as being a freedom of speech issue any more than I would consider the shooting of another person, a right to keep & bear arms issue.

edit: Yes, I know where the reference originates from .

 

[walking arsenal]

I guess we can cross NH off the list.

Theres a list? Who else is on it?

 

[jpk1md]

the act of yelling fire in a theatre is not defensible by an individual based upon the right to free speach/1A

Its a matter of which actions they protect.

1A ensures that you have the right to speak out against an oppressive gov etc etc.

1A does not claim that you have the right to directly endanger others with speach (ie crowded theatre ex

similarly

2A protects RKBA

2A does not arbitrarily claim you have a right to use that gun to hurt innocent people