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By Emily Taylor

What used to be a legal oddity confined to the tiny state of Vermont is now the law in more than a third of U.S. states, and another five states are looking to pass legislation this year. Constitutional carry is a growing trend that appears uncomplicated on the surface.

No permit required for concealed carry should mean exactly that. But constitutional carry can also be a trap for the unprepared. Digging into the history, implementation, and current landscape of constitutional carry will help you avoid any potential pitfalls.

What Is Constitutional Carry?

“Constitutional carry” is a broad term that is applied to states that do not require a license or permit to carry a handgun. Originally called “Vermont carry” after the first state to enact permitless concealed carry, the name “constitutional carry” has caught on in recent years as a reference to the Second Amendment of the Constitution.

A Growing Trend

When President Reagan was elected, there was only one constitutional carry state: Vermont. Now there are many more, along with several bills in the process to move states to constitutional carry. Louisiana, Texas, Tennessee, Florida, Indiana, and Iowa all have bills being considered this legislative session that would enact permitless carry in their states.

As of this writing, the following states have some type of unlicensed (“constitutional”) carry:

  • Alaska, Arizona, Arkansas, Idaho, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Utah (effective May 5, 2021), Vermont, West Virginia, and Wyoming.
  • In addition, while not conventionally considered “constitutional carry,” Delaware, Louisiana, Nevada, New Mexico, North Carolina, and Virginia allow the permitless open carry of a handgun.

How It Works

Why is it that some states have constitutional carry, while others do not? Why doesn’t the federal government get to decide for all states?

While the federal government does have some say in the regulation of firearms and carry (think: commerce in firearms, federal bans on felons possessing firearms, etc.), the Tenth Amendment to the U.S. Constitution reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

The states, then, may decide for themselves where their residents are allowed to carry, whether or not a permit is required, and if so, what those requirements consist of. A review of gun laws in all 50 states shows the law is as varied as the landscape of our great country itself.

Do I Need a Permit?

If you live in a constitutional carry state, it would seem that you don’t need a permit to carry, right? But what if you want to visit another state? All states (except Vermont) that have enacted constitutional carry kept their permitting systems intact so that when residents are traveling out of state, they can still carry (assuming the destination state honors their permit).

Similarly, having a handgun license or permit is a good idea even if you’re headed to a permitless carry state, since at least two states (North Dakota and Wyoming) restrict permitless carry to their residents. Non-residents can still carry concealed in those states, assuming they have a valid concealed carry permit from their resident state that is honored in Wyoming or North Dakota.

It’s always a good idea to research the carry laws in the state you’re visiting before you travel.

Where Can I Carry?

In the states listed, it’s important to note that constitutional carry does not supersede other state or federal laws restricting where you can and can’t carry. Just because you’re in South Dakota doesn’t mean you can waltz into the post office with your concealed firearm; that’s still illegal, regardless of South Dakota law.

In Utah, it’s legal to carry in bars, but illegal to be intoxicated and carry at the same time; the state defines intoxicated as a blood alcohol concentration (“BAC”) of 0.05 or greater. Constitutional carry doesn’t supersede federal law, and it doesn’t negate other carry restrictions in the state.

Additionally, some states allow you to carry in more places if you have a carry permit than if you’re carrying under the constitutional carry law. In Arizona, if you’re carrying concealed without a permit, you’re not allowed to carry in a restaurant that serves alcohol, but if you have a valid Arizona concealed carry license, you can. You can’t be drunk and carry, obviously.

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Missouri is another state where having a permit is beneficial. In Missouri, local jurisdictions can restrict permitless open carry. However, if a person has a valid Missouri concealed carry permit, they’re exempt from any local restrictions on open carry.

Know the Laws

Whether your state is a constitutional carry state or you’re traveling to a permitless carry state, it’s vital that you remain up to date on the laws for each jurisdiction. One of the difficulties with constitutional carry is that the implementation in many states has been different.

Oklahoma, for example, passed legislation allowing constitutional carry. When this was announced in the news, most residents assumed that the permit requirement was eliminated, and constitutional carry was now allowed in every place that formerly required a permit.

Unfortunately, the constitutional carry legislation did not remove the word “license” from several criminal statutes and a permit is still required to carry in many places. Even with constitutional carry, it’s still illegal to carry in bars and on school grounds unless you have a valid carry permit. So even when constitutional carry is an option, law-abiding gun owners still need to protect themselves from legal trouble.

What’s the Benefit?

While it’s popular to think of constitutional carry as a way for everyone to carry a gun, that’s not the case. Just like there are requirements to get a concealed carry permit, all the states with permitless carry have requirements for someone to carry concealed without a license.

The majority of the states with permitless carry require a person to be at least 21 years old and not be legally prohibited from owning a firearm in order to carry concealed. Those requirements are so similar to the steps necessary to get a carry permit that constitutional carry legislation failed in Indiana and in South Dakota because the governors of both states didn’t believe the single additional step of applying for a permit was a significant enough burden on gun owners.

In states that have legalized permitless carry, many residents still choose to get a concealed carry permit. The added benefits of getting a permit (such as multi-state reciprocity, expanded locations where carry is authorized, and access to training) mean that while constitutional carry is an option, it may not be the best option.

 

Emily Taylor is a partner with Walker & Taylor, PLLC

 

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51 COMMENTS

  1. Unfortunately it cannot be passed in Florida.GOP supermajority is quite anti gun. It’s more of a campaign bobble.

    • Since you claim Republicans in Forida are an anti gun Super Majority perhaps your rhetoric will assist in removing them so they can be replaced with democRats. I mean such rhetoric from pasty mouth azzhats on this forum who bashed POTUS DJT helped usher in Jim Crow Gun Control joe and the ho.

      • No Debbie. People like you bring us all the gun control. You will never realize it so we will just keep getting more gun control. Blindly voting for socialists just because they have the right “culture” or label “Republican” or claim to want to defend your rights and then immediately start infringing on them but you will vote for them over and over again until there is nothing left to infringe.

  2. When this state went constitutional carry I thought yippee, and shoved a gunm in my back pocket. Then somewhere I was reading The gunm has to be holstered, ahhhhhh hah, the dirty bastards tried to trick me.
    BTW the last time I got stopped the officer ask me to raise my shirt( looking for a gunm, he was) this is after he’d already ran my ID, even if its legal they never quit trying.

    • Was the request to raise your shirt due to reasonable probable cause on the LEO’s part, or did he simply ask as a personal question? There’s a distinction.

      • He just ask a question. Well actually told me. “Riase your shirt!” I dont argue with a cop, and this one particularly, he served a search warrant all by his lonesome, no knock and shot the home owner dead. He got fired or resigned later.

  3. Pennsylvania is open carry without a permit except for Philadelphia. You need a LTCF to open or concealed carry in Philadelphia.

    • Oregon and Washington have always allowed open carry without a permit. That may soon change, since both States are badly sliding into madness.

      • Quote: Oregon and Washington have always allowed open carry without a permit. That may soon change, since both States are badly sliding into madness..

        I think they have already fallen over the cliff. I know the problem (socialists) are in the cities, not rural. Lots of relatives in rural eastern end of both states.

        • CA was always open carry since inception back in 1850, until former Gov. Jerry Brown removed it from us by diktat ten years ago because (and this was his actual reason) “too many in law enforcement are aware of citizens’ rights, and too many unnecessary confrontations – including fatal – could have been avoided.”

          So instead of placing the burden on departments to be responsible for the badged persons they equipped with guns and sent out into the community, Brown decided to take action against law-abiding people and disarm them.

          Now, with the Nutty Ninth farcically stating in their recent en banc hearing of Young v. Hawaii that nobody has the right to carry in any form, CA is left wondering where to go from here.

        • Haz for here and I imagine over there as well either would work depending on where in the state you were.

    • While this is literally true, as a practical matter you really NEED a LTCF in PA. To carry in your car is deemed concealed carry. Therefore, unless you are exclusively walking while openly carrying, you need the LTCF.

      Outside of Philadelphia, the system isn’t onerous. $21 for five years, background check and you are done.

      The one unnecessarily onerous problem is that if you move from one county to another you need to get your LTCF re-issued by your new sheriff. That isn’t necessarily inconvenient, but it CAN be very inconvenient if you happen to be really busy just after moving, have other things you have to do, had an urgent need to carry, and, by the way, some crisis shuts down the sheriff’s LTCF processing service. Thereupon, you could find yourself in a real jam having to decide whether to carry illegally or go without an effective means of self-defense.

      • Michigan too.
        And it’s been argued that carry on an open boat, raft or motorcycle is concealed by definition (the same definition that makes on top of your car’s dashboard “concealed”, it’s in/on a vehicle).

        I assumed Michigan, which never had an ‘open carry license’, or laws prohibiting open carry, was left off the list because you used to need government permission to possess a handgun. (now you need to pass a NICS check to buy it, and have to mail registration papers to the state police so they know you have it)

  4. A word of caution to readers:

    Our nation is quickly devolving to, “a nation of men,” rather than, “a nation of laws.”

    By all means, know the firearm laws in your jurisdiction. And know that many governments will happily do whatever they want which may or may not coincide with laws in those locations.

      • Ralph,

        You know what is sad — no, beyond sad, make that tragic — is that I had the exact same thought when I wrote my comment.

        Thanks to all the recent hysteria, many would wish to reword that saying to, “we are no longer a nation of laws, we are a nation of people who can redefine their ‘gender’ on a whim.”

        • I like to have fun with forms that ask for my gender and give an “other” option with a space to specify your non-standard gender. I usually write “polka dot unicorn” or some such nonsense.

    • Do whatever you want as long as you are the right color or orientation or whatever makes the marxists think you are the more equal of animals. Nation of tribes.

  5. California allows open carry except in any incorporated city or town. So you can carry on a hike in the woods, but not anywhere else without a CCW. And even with a CCW, you must carry concealed, and still cannot enter any public building or school grounds.

    Some of us are waiting for “the other shoe to drop” after the Ninth Circuit in Peruta said that there is no right to a CCW, and in Young v. Hawaii that there is no right to bear arms in the public space. At least in theory, the State could eliminate ALL carry except for the purpose of hunting, etc and in unincorporated areas of the state. Unless they decide to ban hunting too.

    • Only in counties with populations under 200K residents.

      I live in an unincorporated area of northern Los Angeles County, and we absolutely cannot carry.

  6. Kentucky has had permitless open carry since 1792. Honest men have always carried their weapons openly.

  7. In many states, having a CCW permit enables you to skip NICS when buying a gun from a dealer. The background check for the permit substitutes for the check at the time of sale. This may not work in states where marijuana has become legal under state law. The BATFE won’t accept a permit as a substitute for NICS if the state allows marijuana users to get permits. Under federal law, they are prohibited persons. The only solution to that is to legalize marijuana at the federal level.

    • Skipping NICS checks for purchases and reciprocity in something like 42 states with my chosen 4 CW permits are the reasons I’m not all that thrilled that Iowa just joined the permitless carry ranks yesterday.

      Believe it or not- every NICS request submits an administrative log on the computer that never is deleted. Those can easily be gathered up later by gun/banning agencies.

      All of this Constitutional Carry hype is great in theory but adds little to nothing to my own personal rights and liberties. There are other places I’d rather “spend” our legislative “capital” while repubs hold all 3 branches in IA.

    • My state doesn’t issue concealed carry permits to prohibited persons, but that doesn’t stop the BATFE from saying one might obtain a permit, therefore the half million permit holders who aren’t prohibited persons don’t matter.

  8. NO JURISDICTION OVER SECOND AMENDMENT ?

    We at ISR.SOLUTIONS focus on facts, law, procedure drawn from verifiable public records which are obtainable by any American. See article at RMN; US CODE INVALID, FALSE PREMISE=INCOMPETENT RESULTS; 3/10/2021, for public record proof of fact and law. Thanks to Joesph Mazut for the records.

    In the last few weeks I have been approached for some conversations concerning fundamentals of our American Adventure in Personal Liberty.

    After review of numerous conversations a few things stand out which appear to expose the root causes of many of the confusions capturing our American culture.

    One basic that seems to underlie most of the confusions is JURISDICTION.

    The SECOND AMENDMENT is the perfect example from which to understand jurisdiction and how simple the facts and law controlling how jurisdiction affects every American.

    NO GOVERNMENT, STATE OR NATIONAL, FROM TOP TO BOTTOM, IS AUTHORIZED BY CONSTITUTIONS, TO ASSUME JURISDICTION OVER THE SECOND AMENDMENT.

    Bold statement, perhaps. None the less absolutely true and correct.

    Verification that the bold statement is absolutely correct is available to every American in our public records. Simply read the 1776 Declaration, original state constitutions creating the States, the uniting Articles of Confederation, the 1783 Treaty of Peace executed under Confederation, international law, and the Bill of Rights Amending and controlling governments as fully incorporated to the States United Constitution of 1787.

    JURISDICTION CAN NOT BE MANUFACTURED. JURISDICTION COMES FROM DELEGATED AUTHORITY. NO DELEGATION OF AUTHORITY OVER A SUBJECT MATTER, 2ED AMENDMENT, = NO JURISDICTION. CONGRESS NOR THE STATES ARE DELEGATED JURISDICTION BY CONSTITUTION, OVER THE BILL OF RIGHTS OR STATE CONSTITUTIONS DECLARATIONS OF RIGHTS.

    All delegations of authority for all government operations comes from the People, declared by our Constitutions, to which every public servant promises fidelity in all acts involved while performing employment duties.

    The end of the article presents some mechanisms to crush 2ed Amendment RIGHTS THEFT !

    Generally jurisdictional questions involve two main branches, jurisdiction over persons and jurisdiction over subject matters. This general application is deceptive in the extreme. Failure to disclose all relevant facts and law is a deceptive practice. Deception by public servants is a TORT and a crime. Systemites must control the dialogue in order to appear to be in control. This means the systemites must control the definitions and discussions concerning specific words so that they have the reference point for ENTICEMENT TO INVOLUNTARY SERVITUDE. See related monographs in this series. Available by search at RMN, Reader Charles, or Articles Library at http://isr.solutions .

    Identifying what’s is missing in all these contests and arguments concerning jurisdiction clears up very many issues concerning the application of LEGALIZED FORCE to the American People. The premise represented here is that all governments, world wide, share one common thread. Government is the organized as constituted application of legalized force !

    JURISDICTION is the mechanism to apply Legalized Force.

    While the subject matter of jurisdiction has massive amounts of materials dedicated to it, none of these materials appears to address the fundamentals in context of the People’s law of Constitutions. The reason for this is very simple and exposes deception of a massive scale. All of the dialogues concerning jurisdiction are controlled by servants. The Kingdoms of Europe all had and have subjects, chattel properties of the Sovereigns. These subjects worked for and represented their owner. Thus, all the so called scholarly works concerning jurisdiction were issued for the benefit of the owner the subjects. Our American experience is based on the Sovereignty of the People. Thus, the People’s Jurisdiction controls. Sad to say We the People incrementally allowed our public servants to control the dialogues defining jurisdiction for the servants benefit over the People’s benefits from the governments We created.

    The Bill of Rights is the declaration of Law RESERVING ALL RIGHTS identified to the People.

    Now is the moment for the People to take control over our own destinies by exercising, applying and enforcing our original jurisdictions.

    Definition of jurisdiction from Merriam-Webster

    1: the power, right, or authority to interpret and apply the law

    a matter that falls within the court’s jurisdiction

    2 a: the authority of a sovereign power to govern or legislate

    b: the power or right to exercise authority : CONTROL

    3: the limits or territory within which authority may be exercised.

    Number 2 above is the key to unlock the People’s Jurisdiction.

    There are only two jurisdictional positions available in our country, the United States of America. All other elements of jurisdictional application dissolve, become inferior derivatives based these two fundamental positions.

    FIRST. THE PEOPLE’S JURISDICTION. Our construction of our governments is the primary jurisdiction. The People’s Constitutions, both state and federal, are the FIRST AND CONTROLLING JURISDICTIONS. The reason the People’s jurisdiction controls is very simple and a no brainer moment when recognized. Our Constitutions CREATED all jurisdictions applied by any government structure whatsoever.

    Our Constitutions, particularly and specifically, Our Declarations of Rights in Our States Constitutions and Our Bill of Rights controlling Our National Constitution, are the HIGHEST LAW, period.

    The People’s LAW is not only the first, yet the controlling, JURISDICTION.

    SECOND. THE GOVERNMENT JURISDICTION. The governments authorities and powers are created by the People from and by our jurisdiction. The limited delegations of the People’s authorities and powers creates the governments of INFERIOR and limited jurisdictions. The People’s Jurisdiction created by our Constitutions which recognized inferior powers of agencies called branches of government.

    We the People assigned some, very little, of our powers to governments. We allow in very specific manners our governments to re-present our Sovereignty. We never, in any document constructing our governments, authorized individual public servants to claim protection of the People’s Sovereignty, nor the exercise of that position for personal benefit of the servants. We the People never recognized or allowed the discretion to interpret our original jurisdiction to our servants. Allowing the re=presentation of the People’s Sovereignty to governments is a safe position for the People creating governments. This is because governments are words on paper defining obligations and rights between the parties. In other words CONTRACTS. The People are the only contracted parties creating governments. Public servants are just that servants. Thus they are not party to our contracts. Our contracts can-not harm any one because words on paper can-not move to actions that harm. When did a contract, words on paper, ever pick up a stick to beat some one with?

    It takes public servants, real live flesh and blood beings, performing actions, the application of LEGALIZED FORCE attached to the People, to cause harm or injury.

    Every public servant, and every individual claiming to represent governments powers, authorities or operations is bound by personal obligation to recognize and honor the People’s LAW. There are no excuses or special circumstances recognizing any public servants immunity from being held to strict account to the People’s First Jurisdiction.

    There is no public servants position assigned discretion concerning recognition of the People’s Primary First Jurisdiction. Any public servant claiming discretion being applied to their sworn duties to know and honor the People’s First Jurisdiction operates in DIVIDED LOYALTY.

    Loyalty to the People and our Constitution of governments, or loyalty to the operations of public servants delivering access and enforcement of the People’s Laws. That is the choice every public servant must make!

    What this means in very simple terms is the individual public servants acts or omissions, honorable or of Divided Loyalty service, benefitting public servants before serving the People, only individual public servants are responsible parties for harm or injury caused by government being in action. This is because Legalized Force must be implemented by intentional act of the public servant. This point establishes personal liability to every public servant.

    When the States and National governments WAIVED SOVEREIGN IMMUNITY IN TORT, agreeing to be sued as any other American, personal liability of public servants for their acts or omissions was attached and perfected. This is because no government can not act against its own construction documents, Constitutions and Declarations of Rights. When governments act against their own laws they are illegitimate and loose the Consent of the Governed. More to the point those government entities operating out side specific delegations of authority loose the power of applying Legalized Force.

    The question clarifying the attachment of TORT liability is now easily formed.

    Did the written documents creating the People’s governments attack the People, or, did the public servants acting on their own, outside lawfully delegated authorities attack the People for their own benefit?

    Derivative JURISDICTIONS such as legislative, judicial and executive are always inferior and subservient to the People’s, Primary, First Jurisdiction. This is because the legislative, judicial and executive jurisdictions DID NOT CREATE THEMSELVES.

    We the People created, from individual authorities from our God given Rights, administrative bodies to apply our right to protect our lives, security for property and particularly our LIBERTY. The result of these protections create happiness.

    Security of property, particularly the People’s secured property right in ownership of our governments is addressed below.

    There is no argument possible with these points. That’s because every public record document from day one, that everyone relies on, and every public servant are clear and precise, written in black and white on paper. Perfect Public Record is perfect evidence of fact and law.

    THIRD. ASSUMPTIONS. Definition: Merriam-Webster’s.

    1: a taking to or upon oneself the assumption of a new position;

    2: the act of laying claim to or taking possession of something, the assumption of power;

    3 a: an assuming that something is true; a mistaken assumption.

    When evidence of legal the relationship between the People and OUR government servants is not present, an assumption of one sort or another must take place. Either We the People present our identification and contract for recognition and execution, or the servants operate from the assumption that We are not State Citizens. This results in the systemite in being required to ASSUME, We are subjects to government control.

    We the People as creators of all government powers, called JURISDICTION, are negligent when We do not provide our public servants with the proper documentation. Proper documentation of our Contract creating governments KILLS ALL ASSUMPTIONS that We could be subjects to our servants and their demands. When We present our documented superior position to our honest public servants, We are protecting our government processes and those servants honestly serving the People.

    Those servants who refuse to recognize their master upon notice are committing TORTS, acting rebellious. REBELLION is the correct definition here because each public servant promised to serve our FIRST JURISDICTION and each is well paid to do so.

    EXAMPLE. When the cop on the highway or road walks up to the window of your car and asks you for your license, insurance and registration, he is asking you to define whether you are subject to those documents. Supplying those documents gives him the basis to determine that you are in fact subject to the legislative acts that require commercial drivers to carry such documents. Jurisdiction is established at that point. Yet, on the other hand, if you respond with, “ Are you attempting to entice me into involuntary servitude”, the legal equation changes. At that point you have properly challenged his jurisdiction to identify you as a subject. At that point, the cop, is absolutely required to Identify and produce the authority from which he operates upon you. Failure of that public servant to produces authorities to identify you as a subject or an object to be regulated by legislative power is at the very least an enticement into involuntary servitude and a Constitutional TORT.

    I agree that a competency certificate, and protection of all users of our public highways, property belonging to the people, because we paid for it all, is a legitimate function of government. However, the statutes in the states as they are constructed under federal mandates identify anyone holding a drivers license as a commercial user making a living from the public highways. This is a licensed privilege to use the public property that should be subject to regulation by government for everyone’s safety. The competency certificate for the people using our property, our roads, is also a legitimate function of government.

    The principal here is exactly the same as all of the claptrap involving governments attempt to regulate the people and their access to our reserved right under the Second Amendment.

    Identifying one’s self as legally bound to and protected by the Peoples First and controlling Jurisdiction, and then demanding proof of authority over you from any public servant, sets the stage for all legal protections under the rule of law to be in motion. In short, if you do not properly identify your self and your legal capacity and standings and relations to government the public servants will define you.

    The key element to understand is that the legislatures, either state or national, are not granted authority to legislate over the People, nor are they authorized by the people to be identified as subject to legislation in our Constitution’s.

    Simply read the legislative sections of your state constitution and the national Constitution for absolute proof.

    This link is a gift from ISR.SOLUTIONS , to and American who wishes to clarify and perfect personal, legally enforceable, Legalized Force, rights in relation to any and every act or omission committed by any public servant. http://isr.solutions/2%20Forms%20and%20Instructions.docx

    MIRRIAM-WEBSTER. Rebellion; 1: opposition to one in authority or dominance; 2a

    : open, armed, and usually unsuccessful defiance of or resistance to an established government; b: an instance of such defiance or resistance.

    The term and criminal charge INSURRECTION attaches to each and every public servant refusing to recognize any Americans personal Declaration of Identity and Citizenship, the legal relationship to government requiring all public servants obligations to the People to be honored according to the People’s First Jurisdiction.

    MERRIAM-WEBSTER. Insurrection: an act or instance of revolting against civil authority or an established government. See: 18 U.S. Code § 2383

    All civil and criminal authority, jurisdiction, comes from the People.

    FORTH. BY WHAT AUTHORITY.

    The ABSOLUTE RIGHT of a State Citizen to demand proof of authority from any public servant at any time can-not ever be questioned.

    Public servants that question your right to demand proof of authority is acting outside their scope of duties, their contracted obligations to recognize the People’s First Jurisdiction and in breach of their employment contracts.

    Any public servant, or actor claiming to operate under or administrative powers of government, that fails or refuses to fully and completely disclose the authority, from the beginning of the People’s Priority Jurisdiction, supporting their acts or omissions, is acting in REBELLION to the Law of the People.

    Those public servants attempting to confuse, deceive or mislead, those that are paid to serve, are ether practicing Slavery or ENTICING SOMEONE INTO INVOLUNTARY SERVITUDE, when they deceive the People. This deception is an act of INSURRECTION.

    In either case, practicing Slavery or Enticement to Slavery, the admission causes , proved by public record act, a TORT, resulting in Rebellious acts, cognizable as Insurrection.

    Slavers or those Enticing to Involuntary Servitude, serving in public office or claiming governmental powers, have only one defense against the People’s charges. Prove from the records created by government, public records are perfect evidence, operations that access to the Original superior Jurisdiction of the People was provided.

    Deception by public servants foisted upon the American People necessarily implicates the First, Second, Fourth, Fifth, Sixth, Seventh, Ninth and Tenth Amendments.

    The Process Due required by Amendment Five, notice and opportunity to respond, means in simple direct terms, disclosure of all relevant facts and law that could impact any American demanding proof of authority.

    FIFTH. DEFINE PUBLIC SERVANT.

    When We the People do-not define what public servant means two things are evident. Public servants will define them selves and act accordingly. We the Sovereign People have been negligent in the supervision and control over our public servants.

    Merriam-Webster, a good source for understanding American English Language gives a clear understanding of the term “public servant”. Merriam Webster English Dictionary is a competent source.

    PUBLIC. Noun: 2: the people as a whole : POPULACE; 3: a group of people having common interests or characteristics.

    Adjective: 2a : of, relating to, or affecting all the people or the whole area of a nation or state public law; b: of or relating to a government; c: of, relating to, or being in the service of the community or nation.

    SERVANT. : one that serves others; a public servant especially : one that performs duties about the person or home of a master or personal employer

    TORT. : a wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction.

    SIXTH. DEFINE THE PEOPLE.

    When the People do-not define themselves, identify themselves individually and collectively two things are evident. We as a class admit we have no identity in relation to our public servants. The public servants are required to identify We the People individually from the servants position. Otherwise there could be no interaction between the People and the public servant nor the governments the servant claims to represent.

    Merriam-Webster again provides the direct understanding of the term “the People”.

    PEOPLE. 1. plural : human beings making up a group or assembly or linked by a common interest; 4. plural : the mass of a community as distinguished from a special class disputes between the people and the nobles; 5. plural peoples : a body of persons that are united by a common culture, tradition, or sense of kinship, that typically have common language, institutions, and beliefs, and that often constitute a politically organized group.

    The declaration of “ We the People “ in our Preamble to our Constitution for the United States of America is a CAPTURE.

    Merriam Webster. CAPTURE. 1 : an act or instance of capturing: such as;

    a: an act of catching, winning, or gaining control by force, stratagem, or guile

    the capture of the city by enemy forces; d: the act of recording in a permanent file

    data capture, motion capture; 2: one that has been taken (such as a prize ship).

    We the People under Declaration of 1776, Constitution of States, perpetual union of States by Confederation, CAPTURED our liberty, our political bodies, our lands, ownership over our selves through the process and proceedings called the Revolutionary War.

    The CAPTURE is filly recognized world wide by the Treaty of Peace 1783, at Article 1:

    His Brittanic Majesty acknowledges the said United States, viz., New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be free sovereign and independent states, that he treats with them as such, and for himself, his heirs, and successors, relinquishes all claims to the government, propriety, and territorial rights of the same and every part thereof.

    The key word to understand in context of We the People is the word “ propriety “.

    The 1829 Webster’s American Dictionary of the English Language covers the application of the Treaties use of the word “ propriety “ as ratified international law by King George.

    “ PROPRI’ETY, noun [Latin proprietas, from proprius.]

    1. Property; peculiar or exclusive right of possession; ownership. [This primary sense of the word, as used by Locke, Milton, Dryden, etc. seems not to be nearly or wholly obsolete. See Property.]

    2. Fitness; suitableness; appropriateness; consonance with established principles, rules or customs; justness; accuracy. propriety of conduct, in a moral sense, consists in its conformity to the moral law; propriety of behavior, consists in conformity to the established rules of decorum; propriety in language, is correctness in the use of words and phrases, according to established usage, which constitutes the rule of speaking and writing.

    3. Proper state. “

    There is one very important concept in the context of the Treaty of Peace1783 that has been forgotten for a very good reason. Under the laws governing nations at the time in 1783, only Sovereigns could enter treaties. That’s because all others were chattel property owned by the so-called sovereign. King George’s release of his “proprieties”, chattel property, as in subjects, could only have taken place when he recognized the people as the creators of the government he was engaging in Treaty with, were Sovereign. This is because at the time only the Sovereign could create governments.

    When the Sovereignty of the People is forgotten, hidden or ignored, the First Jurisdiction controlling our country is destroyed.

    Ownership of property, both real and movable chattel property is declared, of record before the world. This fundamental of all property rights is controlled by TITLE.

    TITLE to all government is contained in the Preambles to the People’s constitutions creating governments.

    This is because the People are identified as the creators.

    “ We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” IS TITLE representing ownership over the governments We created.

    If the creators of something are not the original owners, who is and how did the second alleged owners get TITLE?

    More to the point, can the alleged second or third or fourth owners prove from public record how they gained ownership and control over the Property, Governments, We the People created?

    SETTLING ALL SECOND AMENDMENT ISSUES.

    There is only one point of law or fact that needs be presented to any public servant attempting to TRESPASS on any American standing on the Second Amendment the way it is written.

    Public SERVANT, when you fail to identify and produce the authority defined in and by the Constitution for the United States of America, granting JURISDICTION to any government actor to rule over the People’s Bill of Rights, particularly the Second Amendment, you will construct the perfect public record admitting intentional Constitutional TORT, civil and criminal civil rights crimes.

    Public SERVANT, you are advised to review the finding aid to the Federal Statues, United States Code titles; 42 § 1985, (3); 18 § 241; 5 § 3331; in context of your refusal to recognize the secured right of every American to demand your personal protection, when We American People stand on our Second Amendment Rights guaranteed by law you get paid to serve.

    Public Servant, you now know no Statute nor Judicial action is competent to rule over the People’s Rights.

    Govern your self accordingly !

    • says, ” The hell you say, dont get smart with me boy. I’ll have you arrested and thrown in jail.”

      • My thought (as I scrolled down past the entire thing, TL;DR) was “why didn’t he just post the URL link”?

        A surefire way to get people to totally skip over your comment is to cut-and-paste and entire article.

    • Would have been a fine place for a link, so those who wished could work through all that. I skimmed for about a minute, pretty much agree with your premise but have a hard time understanding why it has to be so LONG!!

    • It’s not a joke. The people in office who ignore it are.

      And maybe us as well, for allowing this to happen.

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  10. Reagan removed open carry in California because he didn’t want the Black Panthers to show up on the steps of the capital armed. Amazing how things change yet stay the same

  11. One benefit I think people overlook is not that they don’t need to get a permit anymore, but that they won’t always have to have it on them. Like if I want to just take a walk around my neighborhood in the evening, right now, if I want to remain armed, I have to make sure to grab my wallet which has my permit in it. If Georgia goes constitutional carry, I won’t have to worry about that necessarily.

  12. 2nd Amendment:

    A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    A well (successful or effective) regulated (accurate and properly functioning) Militia(An army composed of ordinary citizens rather than professional soldiers) being necessary to the security (Freedom from risk or danger; safety) of a free ( Not imprisoned or enslaved; being at liberty. Not controlled by obligation or the will of another) State, (the condition or circumstances of a person or thing, a sovereign political power or community, the territory of such a community) the right (a freedom or power that is morally or legally due to a person) of the people to keep (To retain possession, have a supply of or maintain for use or service.) and bear (To carry from one place to another; transport.) Arms (weapons considered collectively. Any instrument or instrumentality used in fighting or hunting. The term (or) not being preceded by the word either means that both fighting and hunting are applicable, not either one or the other), shall not be infringed. (To transgress, violate, defeat, invalidate or encroach on someone or something;.

    Therefore according to the definitions of the words as they were used should have meant the following.

    A successful, effective, accurate and properly functioning army of ordinary citizens, being necessary to maintain the freedom of the people or the nation from anyone or any government trying to take away that freedom, the moral and legal freedom or power of the people to possess, have a supply of or carry weapons or any instrument used in fighting or hunting, shall not be transgressed, violated, defeated, invalidated or encroached upon.

    As far as I can tell by the definitions of the words used in the 2nd Amendment the Federal, State or Local Governments may not tell the people what type of weapons they may have, or how many weapons they may have, nor how or what weapons they may transport with them. Nor may they make any laws, regulations or bans concerning what weapons a person chooses to own or how and where they choose to transport them. In other words there are to be no infringements on this right whatsoever. If a person were to use those weapons in the commission of a crime then the governments may prosecute them according to law. However, maintaining our freedom is not only, not a crime, it is the duty of every American.

    • and?
      Americans are fat and lazy and yellow bellied….I figured that out years ago, which is why the constitution isn’t worth the paper it’s written on anymore….
      of course if a large segment of the population would grow some balls, we could target america the way it was intended to operate….
      as it stands, this IS NOT THE AMERICA the forefathers started….. it’s FAR FAR from that original concept…..

      in other words, give it up, you’re fat and lazy and couldn’t fight a battle if you HAD to….. let alone dragging your fat a$ ses of the couch to stand up for the future of AMERICA THE GREATEST COUNTRY to ever grace the face of this planet…

  13. Although Delaware is an OC state it’s rare and doing so will get unwanted attention from LEs and terrify citizens who will call LEs. At least in Democrat Newcastle County (New New Jersey) and in my 40+ years I never saw anyone OC in the other two counties. Only ever saw 1 person in Bluecastle County open carrying.

    • Huh, maybe that was me? I open carry every day in New Castle county. Been doing it since 2006ish. LEO just gives me “the nod”. Not sure where you are but I’ve NEVER been hassled at all.

      Oh and nyuk nyuk nyuk

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