Can a state prevent one method of carry (concealed or open) and still comply

[Eleanors38]

With the the Second and Fourteenth? Can they prohibit both?

[rrneck]

1. I just love it

when we try to regulate how people look. It just reaffirms my faith in rational, civilized government.

Er, sorry about the sarcasm. Carry on.

[Reasonable_Argument]

2. Ironically that's what got CCW introduced to Ohio

The Ohio Supreme Court ruled that there was no need for concealed carry because open carry of firearms was guaranteed in the Ohio constitution. So then many many groups got together and started open carry rallies. This bothered so many people that they introduced the concealed carry bill that was passed in 2004. In an irony that made the anti gun people spit nails they inadvertently made Ohio a constitutional open carry state and a shall issue concealed carry state.

[Warren Stupidity]

3. There is no right to concealed carry.

[hack89]

4. I agree that open carry is more in line with "keep and bear arms"

but it makes some people uncomfortable. So if you ban open carry you have to provide an alternative. Society decided concealed carry was that alternative.

[Reasonable_Argument]

5. I actually agree on this point

Open carry is protected by the 2nd amendment. If you openly carry a weapon the police can stop you and see what's up in a polite and professional manner. When you conceal a weapon you take away that ability so you must under go a background check to make sure you're not a criminal before you carry a hidden weapon. I have no issue with that at all.

[PavePusher]

8. Ummm... no, they can most certainly NOT "stop you and see what's up"...

unless they have sufficient cause to do so (i.e. suspicion/evidence of actual criminal action or intent). The Courts have long ago stated that mere exercise of a Constitutional RIght was NOT justification for a police stop.

I don't remember the case cites, I'll try to find them.

[Reasonable_Argument]

11. True

I should have said if a person is openly carrying a gun and is doing something suspicious.

[PavePusher]

12. Sorry if I seemed a bit sharpish.

That meme is unfortunately alive and well, but I intend to kick it to death within my life-time.

[4th law of robotics]

6. So work on getting rid of prohibitions on open carry

Consider: you have a right to vote. It doesn't mention how. Could be mail-in. Could be at an actual voting booth.
If the state get's rid of one and leaves the other that is a limitation on your rights but you still kind of have one.

If they decide physically voting is unnecessary, ban it then start talking about how the constitution never explicitly covers mail in voting that would be a bit concerning eh?

[slackmaster]

7. Yes there is - Except in places where it has been regulated or prohibited

All rights exist by default.

[Warren Stupidity]

9. right. There is no enumerated right to concealed carry.

It is not in the same class as the right to keep and bear arms.

[slackmaster]

10. A right need not be enumerated in order for it to exist.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

It is not in the same class as the right to keep and bear arms.

I believe Warren Stupidity has just disparaged a right that belongs to the people.