Is there a Constitutional right to carry a gun in public?
Thursday, December 11th, 2008A U.S. Court in Utah thinks (.pdf file) so:
By itself, mere possession of a firearm in public is not unlawful and may well represent the exercise of a fundamental constitutional right guaranteed by the Second Amendment to the United States Constitution….. See District of Columbia v. Heller, 128 S. Ct. 2783, 2799 (2008) (“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.â€)….. Salt Lake City’s asserted governmental interest in its police officers’ response to a report of a “man with a gun†in a public park cannot be weighed in isolation….there may well be more individual constitutional rights at stake than the Fourth Amendment freedom from unreasonable searches and seizures.
Hat tip: Best magazine ever.
