IMPORTANT: Is Open Carry Protected By 2A?

Published on June 27, 2024
Duration: 18:09

This video provides an expert-level analysis of the Second Amendment right to open carry, drawing heavily on Supreme Court precedent like NYSRPA v. Bruin. Host Mark Smith, a constitutional attorney, explains that while the Second Amendment protects the right to carry arms in public for self-defense, the historical tradition and current jurisprudence suggest states can regulate the *mode* of carry (open vs. concealed). The core takeaway is that a state cannot ban all forms of public carry; if concealed carry is prohibited, open carry must be permitted, and vice-versa.

Quick Summary

The Second Amendment protects the right to carry arms in public for self-defense, as affirmed by NYSRPA v. Bruin. While states can regulate the mode of carry (open vs. concealed), they cannot ban all forms of public carry. If concealed carry is prohibited, open carry must be permitted, and vice-versa.

Chapters

  1. 00:00Introduction: Open Carry & 2A Right?
  2. 00:12Host Introduction & Book Plug
  3. 01:08The Question: 2A Right to Open Carry?
  4. 02:07Second Amendment Analysis Framework
  5. 02:33Text of the Second Amendment
  6. 03:35Burden Shift to Government
  7. 04:14Historical Tradition of Firearms Regulation
  8. 04:41NYSRPA v. Bruin Ruling on Public Carry
  9. 05:08Specific Question: Right to Open Carry?
  10. 05:14Historical Context: Early Americas
  11. 05:32Two Interpretations of Founding History
  12. 06:59Second Interpretation: State Authority
  13. 08:07Speaker's View on State Authority
  14. 09:04Focus on Legal Reality, Not Wishful Thinking
  15. 09:49Supreme Court in Bruin on Carry
  16. 10:04Bruin Quote: Banning Public Carry
  17. 11:10Distinguishing Concealed vs. Public Carry Bans
  18. 12:13Bruin on Concealed Carry Prohibitions
  19. 12:58Historical Consensus on Public Carry
  20. 13:56Further Bruin Analysis on Carry
  21. 14:00Nunns v. State (Georgia) Case
  22. 15:02Georgia Case: Banning Open Carry Void
  23. 15:23Supreme Court's Stance on Public Carry
  24. 16:00Current Legal Landscape: Public Carry
  25. 16:45Conclusion: Where We Stand
  26. 17:31Follow & Subscribe

Frequently Asked Questions

Does the Second Amendment guarantee a right to open carry firearms?

The Second Amendment protects the right to carry arms in public for self-defense, as clarified by NYSRPA v. Bruin. However, the historical tradition suggests states can regulate the mode of carry. This means if concealed carry is banned, open carry must be allowed, and vice-versa; a complete ban on all public carry is unconstitutional.

What did the Supreme Court rule about public carry in NYSRPA v. Bruin?

In NYSRPA v. Bruin, the Supreme Court affirmed that the Second Amendment protects an individual's right to carry firearms in public for self-defense. The ruling emphasized that historical regulations must be consistent with this fundamental right, indicating that outright bans on all public carry are unconstitutional.

Can states ban both open and concealed carry of firearms?

No, according to the interpretation of historical tradition and the ruling in NYSRPA v. Bruin, states cannot ban all forms of public carry. If a state prohibits concealed carry, it must permit open carry, and if it prohibits open carry, it must permit concealed carry, at a minimum.

What is the historical basis for regulating firearm carry?

Historically, many states enacted laws that prescribed the concealed carry of pistols. The Supreme Court in Bruin noted that while these prohibitions on concealed carry were often upheld, the history revealed a consensus that states could not ban public carry altogether.

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