• sudo22@lemmy.world
      link
      fedilink
      English
      arrow-up
      7
      arrow-down
      2
      ·
      10 months ago

      Only explicitly recognized in 2008. The constitutional amendment SCOTUS used for this ruling was established nearly 250 years ago and has remained unchanged since.

        • sudo22@lemmy.world
          link
          fedilink
          English
          arrow-up
          7
          arrow-down
          2
          ·
          10 months ago

          CC/OC has always been legal in the US and only after the civil war did laws restricting carry start to pop up (you can probably guess what group of people this was meant to target). NY recently used a law restricting the rights of Catholics and Native Americans as a historical justification for their CC restrictions. The state laws took awhile (and the fear of some groups carrying to subside) to become infringing enough before law suits began. Someone needed to sue and be able appeal enough times in order to be heard by the SCOTUS, which is difficult and time consuming. But the ruling SCOTUS made isn’t what makes CC legal, it is a firm statement that it always was legal and laws infringing on that have always been unconstitutional.

    • sith_lord_zitro@lemmy.worldOP
      link
      fedilink
      arrow-up
      9
      arrow-down
      4
      ·
      10 months ago

      Art. II, § 6: Right to Bear Arms No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons.

      New Mexico has it in it’s constitution that carrying a firearm has been legal since 1911. Concealed was allowed in 2003.

    • Zoboomafoo@lemmy.world
      link
      fedilink
      arrow-up
      3
      arrow-down
      3
      ·
      10 months ago

      The worst part about this dumb ass talking point is that it implies that the Supreme Court is the source of our inalienable rights

      • Rodsterlings_cig@kbin.social
        link
        fedilink
        arrow-up
        4
        arrow-down
        1
        ·
        edit-2
        10 months ago

        By talking point, you mean how the US constitution was written and the whole point of the supreme court?

        Edit: Until congress does their job and pass legislation on these matters, this is unfortunately how the cookie crumbles.

        • Zoboomafoo@lemmy.world
          link
          fedilink
          arrow-up
          3
          arrow-down
          1
          ·
          10 months ago

          I mean that rights are inherent to being human, not bestowed by 9 people with law degrees

          • CmdrShepard@lemmy.one
            link
            fedilink
            English
            arrow-up
            3
            ·
            10 months ago

            They’re only declared inherent human rights on the very same sheet of paper that defines the rights and codifies them into law. Without the government backing them, they don’t mean anything and are just words written on a piece of paper.

            • Zoboomafoo@lemmy.world
              link
              fedilink
              arrow-up
              1
              ·
              10 months ago

              The constitution doesn’t bestow those rights, it just defines how the government interacts with them

          • Rodsterlings_cig@kbin.social
            link
            fedilink
            arrow-up
            4
            arrow-down
            2
            ·
            10 months ago

            I agree in principle, but not in totality (largely due to bad faith arguements). Everyone should have the right to privacy and basic essentials, to carry a glock around wherever not so much.