# It’s a privilege not a right???



## stevexd9 (May 10, 2007)

Just got my CCW today and the letter that came with it says “it’s a privilege not a right to carry a firearm” I dunno I thought it was my RIGHT!!!! :draw:


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## Captain Crunch (Jul 4, 2006)

Nothing in the U.S. Constitution or any State consititution says you have the right to carry a concealed firearm.

Most State constitutions contain a right to keep and bear arms provision, similar to the 2A, but the 50 states are not bound by the 2A.

The States have the right to pass gun control laws, including the regulation of carrying concealed firearms.


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## Mike Barham (Mar 30, 2006)

If you accept the premise that the Second Amendment is for a citizen militia to resist tyranny, then it follows that only usage appropriate to a militia is appropriate. To me this means rifles, machineguns, etc., but also applies to pistols since the military uses them. Pistols are carried openly in military service, and a militia is basically a "citizen military," so a strict reading of the 2A would seem to apply to open carry.

The arguments for concealed carry are more utilitarian than constitutional. A concealed pistol is for protection against criminals rather than the state, so I don't think the 2A applies very well.


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## stevexd9 (May 10, 2007)

That makes sense


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## Revolver (Aug 26, 2006)

"Right to bear Arms" does not refer to a right to wear short-sleeved shirts. According to Amendment II of the United States Constitution, the right to carry(bear) arms is protected throughout the nation. That was when the Bill of Rights was enforced as a way to limit the power of the government as originally intended. Not so today.

The fact that a government entity must give you permission(permit) to do something means it is merely a privilege, whether it is Constitutional or not. 

To put it simply: Anytime you get a permit or license or are granted permission from a government entity to do something, you are NOT exercising a right.


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## Mike Barham (Mar 30, 2006)

Revolver said:


> "Right to bear Arms" does not refer to a right to wear short-sleeved shirts. According to Amendment II of the United States Constitution, the right to carry(bear) arms is protected throughout the nation. That was when the Bill of Rights was enforced as a way to limit the power of the government as originally intended. Not so today.
> 
> The fact that a government entity must give you permission(permit) to do something means it is merely a privilege, whether it is Constitutional or not.
> 
> To put it simply: Anytime you get a permit or license or are granted permission from a government entity to do something, you are NOT exercising a right.


If you interpret the phrase "being necessary to the security of a free state" to include defense against the criminal element, then I agree that the 2A would cover concealed carry. But I do not think that is what the Framers were getting at when they wrote the 2A, and the Supreme Court's Miller decision seems to agree.

I think it is plain from the wording and context of the 2A that the Framers intended the Amendment as way of securing for the citizenry ("militia") the means ("arms") of resisting a tyrannical government, rather than resisting comparatively petty street crime. Thus, I fail to see how the 2A can be reasonably applied to concealed carry.

Since concealed carry is not a military practice, and since the whole point of a citizen militia is to act as a counterweight to government military forces, I don't see how concealed carry falls under the 2A. Thus, it would seem that states are free to regulate the practice, since there is no Amendment preventing them from doing so.

This does not mean, of course, that there aren't overwhelmingly good reasons for CCW. It just means that those arguments have to be made from the standpoint of social utility rather than constitutional protection.


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## mvslay (May 6, 2007)

In my opinion the right to carry, and the right to carry concealed are two separate issues.

I personally believe that the 2A is an affirmation of an individual right to bear arms, and further more for private citizens to organize into a militia. There has been plenty of debate over this, and I won't engage in any further debate in this post.

The concealed portion of your license is what is a privilege. Basically I view a CCL as law enforcement endorsing that you are not a criminal, therefore you may have the privilege to carry concealed in public places you may otherwise carry open.

A CCL does not typically allow you to carry in areas you would not be able to carry open. Examples would include: federal buildings, elementary and secondary schools, and courthouses. You should research your states specific laws and ad hear to them strictly.


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