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Departments : Point of Law

To Keep and Bear Arms

Concealed carry laws for active and former police officers are more than a little confusing.

February 01, 2009  |  by Devallis Rutledge - Also by this author

Second Amendment Exceptions

In the few months since it was issued, the Heller decision has repeatedly been invoked in defense of various firearms charges around the country. Criminal defendants have sought to use Heller and the Second Amendment to fight charges of illegal possession. So far, lower courts have not refused to enforce longstanding prohibitions on concealed firearms or the possession of weapons by convicted felons and certain others, or on the possession of unconventional dangerous weapons such as machine guns and sawed-off shotguns.

Foreseeing that challenges would arise, the Supreme Court affirmed in Heller that such restrictions would not violate the Second Amendment. Said the court, "Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever and for whatever purpose. For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues.

"Nothing in our opinion should be taken to cast doubt on the longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions on the commercial sale of firearms." (DC v. Heller)

Citing this language, federal appeals courts have ruled that the Second Amendment is not violated by laws forbidding convicted felons from possessing guns (U.S. v. Irish), nor by prohibitions on the possession of machine guns (U.S. v. Gilbert), nor by bans on sawed-off shotguns. (U.S. v. Fincher) State courts have read Heller as allowing punishment for carrying a concealed firearm. (People v. Flores) So while Heller has upheld the right of law-abiding individuals to possess handguns and unlocked long guns in the home for self-defense, most weapons-violations statutes will remain enforceable.

Changing Times

Obviously, laws affecting the possession of firearms by both law enforcement officers and civilians are undergoing revision and challenge. It's important for officers to keep updated on the developments with ongoing training and research. Local prosecutors and legal advisers should be consulted as to specific issues in your jurisdiction.

Devallis Rutledge is a former police officer and veteran prosecutor who currently serves as Special Counsel to the Los Angeles County District Attorney. He is the author of 11 books, including "Courtroom Survival, The Officer's Guide to Better Testimony."

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Tags: Concealed Carry, Second Amendment, U.S. Supreme Court Cases, LEOSA, Point of Law


Comments (2)

Displaying 1 - 2 of 2

DiamondBob @ 2/16/2009 1:02 PM

That was surprising to me that a Judge dimissed the charges , usually they want to show everone from out of state who's in charge. Congrats to Judge Warren Johnson !

SFCMike @ 2/23/2009 12:34 PM

I feel pretty certain despite the number of LEOs who are former or current members of the military, there is a gap between civilian law enforcement officers and military police from all branches of the military. Now for the Navy, I can understand some of the reluctance to accept them as fellow LEOs, especially since SP-Shore Patrol is not an MOS-Military Occupational Skill, but a duty assigned to anyone who meets the duty roster criteria. In the Army, my MOS for 10 of my 21 years as a Reservist have been as a military police officer. Would LEOSA also apply to myself and fellow MPs, especially if we've qualified for a CCP in the recent past?

SFC Mike Milihram
michael.j.milihram@usace.army.mil

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