10-11-2018 – Government of California Asks NRA to Join it in Fight Against Open Carry

9-11-2018 – Judge Kavanaugh says Concealed Carry Is Not A Right – NRA Lawyer Says He’s Wrong

9-3-2018 – Professors of Law Say 9th Circuit Open Carry Decision is Now The Law – Young v. Hawaii Lawyer Says It Isn’t

8-15-2018 – Why Are Gun-Rights Lawyers Hiding From 9th Circuit Open Carry Decision?

7-30-2018 – When Will We Be Able to Openly Carry a Firearm in the 9th Circuit?

6-20-2018 – The Second Amendment is in a Coma ten years after the Heller decision

5-13-2018 – NRA Loses Fake Open Carry Lawsuit, Files Three More Concealed Carry Lawsuits

3-4-2018 – Is There a Right to Keep and Bear Arms Outside of our Home?

1-13-2018 – The Guns of February, A Story of Two Three-Judge Panels

12-13-2017 – California Open Carry Lawsuit to be Heard by 9th Circuit on February 15, 2018

11-10-2017 – The End of California Concealed Carry

10-15-2017 – Governor Brown Signs Bill Allowing Guns Inside of Gun-Free School Zones

10-12-2017 – Is There a Right to Keep and Bear Arms? 9th Circuit to Decide in 2018

9-12-2017 – NRA Open Carry Lawsuit Opposes Open Carry

9-3-2017 – Supreme Court Long Conference on September 25, 2017

8-14-2017 – A Declaration That Open Carry Is the Right

7-28-2017 – Transcript Released in NRA’s Fake Open Carry Lawsuit

7-24-2017 – 50th Anniversary of California’s Loaded Open Carry Ban

7-12-2017 – Can we Save Our Right to Keep and Bear Arms?

6-27-2017 – Supreme Court Decides to Wait for Another Second Amendment Case

6/15/2017 – The Evil Practice of Carrying Weapons Secretly

6/6/2017 – NRA Lawyer says Odds are Supreme Court will NOT take Concealed Carry Case

6/2/2017 – The NRA Lost Another Second Amendment Appeal Today

5/29/2017 – Lead Plaintiff in Supreme Court Concealed Carry Appeal says Courts are Corrupt

5/23/2017 – Peruta Concealed Carry Lawsuit has Waited 2,768 Days – Supreme Court says Wait Longer

5/20/2017 – Second Amendment Case Peruta vs. California May Strike-Out at Supreme Court

5/03/2017 – Did the NRA Take a Dive in its Fake Open Carry Lawsuit?

5/01/2017 – Supreme Court Again Silent on Second Amendment

04/22/2017 – Supreme Court Math and Concealed Carry in Peruta v. California

04/14/2017 – Federal Judge Upholds Nonexistent Gun Ban

04/12/2017 – Concealed Carry, Incest, Gay Marriage and the Supreme Court

04/05/2017 – Justice Neil Gorsuch and the Second Amendment

3/29/2017 – The Next Second Amendment Handgun Carry Case to Go Down in Flames

3/28/2017 – Federal Judge Tells NRA to Put Up or Shut Up in Open Carry Lawsuit

3/22/2017 – Supreme Court Justice Sotomayor Finally Recognizes the Second Amendment

3/13/2017 – Another Second Amendment Appeal Shot-Down by the 9th Circuit

3/10/2017 – US Supreme Court to Decide Concealed Carry Petition in Two Weeks

3/5/2017 – The Florida Supreme Court Just Handed The US Supreme Court a Second Amendment Case It Can’t Refuse

2/23/2017 – California Asks Supreme Court to Wait For Nichols v. Brown Open Carry Appeal

2/15/2017 – NRA Got Spanked for Valentine’s Day!

2/3/2017 – President Trump’s Supreme Court Nominee Neil Gorsuch

1/24/2017 -A Concealed Carry Case SCOTUS Can’t Refuse

1/23/2017 -President Trump’s Judicial Opportunity and Conundrum

1/13/2017 -NRA Tells Supreme Court Open Carry is Perverse

1/11/2017 – NRA Drops Supreme Court Concealed Carry Appeal

12/30/2016 – NRA Asks US Supreme Court To Hear Two Concealed Carry Lawsuits

12/10/2016 – National Concealed Carry Snake Oil Law Will Fail

11/29/2016 – What Lies Ahead for the Second Amendment?

11/10/2016 – The Second Amendment and President Trump

10/03/2016 – A Federal 9th Circuit Judge Finally Finds a Right to Bear Arms in Public

9/28/2016 – Are You Protected by the Fourth Amendment if You Carry a Firearm?

9/20/2016 – Two Concealed Carry Cases Fire Blanks in U.S. Court of Appeals for the District of Columbia Circuit

9/8/2016 – Another Second Amendment Appeal Crashing and Burning in 9th Circuit

8/24/2016 – Concealed Carry Snake Oil and Kool-Aid Peddlers Leave Town for DC

8/18/2016 – The NRA Files Legal Challenge To California Open Carry Bans – But Not Really

8/17/2016 – The Battle for the Second Amendment Moves to Hawaii

8/15/2016 – There is No Right to Concealed Carry – 9th Circuit Denies Full Court Petitions

8/5/2016 – Did California Lie to 11 Federal Judges in Second Amendment Lawsuits?

7/15/2016 – God Save The US From The Second Amendment Lawyers

7/8/2016 – NRA Segregation Now, Tomorrow, and Forever Position Must Fail

7/4/2016 – Try Recalling California’s Anti-Gun Politicians Before Starting Your Revolution

6/27/2016 – NRA Head Wayne LaPierre Really, Really Hates the Second Amendment

6/24/2016 – Judges Who Uphold Bans on Concealed Carry Are Not the Same as Judges Who Look the Other Way When Police Murder People in the Street

6/15/2016 – Where is the NRA’s California Open Carry Lawsuit?

6/13/2016 – What’s Next for the Right to Carry Firearms in Public?

6/8/2016 – Florida Supreme Court Justices Voice Contempt for the Second Amendment

6/5/2016 – Florida Supreme Court to Hear Second Amendment Carry Case with National Ramifications

5/17/2016 – The Second Amendment and the Concealed Carry Problem

5/11/2016 – Federal Court of Appeals Goes Berserk During Second Amendment Gun Case Hearing

5/10/2016 – California Supreme Court Shoots Itself In Foot Over Gun Case

4/25/2016 – Second Amendment Foundation Files Another Concealed Carry Lawsuit: May Backfire

4/13/2016 – Has the NRA Come to Bury the Second Amendment or to Defend It? –

4/6/2016 – Second Amendment Must Wait A Bit Longer In 9th Circuit

3/26/2016 – Concealed Carry of Concealable Firearm in a Vehicle Now a Crime of Moral Turpitude

3/21/2016 – Supreme Court decision wasn’t about stun guns – It was about the Second Amendment decision in District of Columbia v. Heller which is bad news for concealed carry

3/7/2016 – How to Stop Anti-Gun Bills in California from Becoming Law

3/3/2016 – The California Supreme Court Case Which Could Upend the Gun-Groups Concealed Carry Lawsuits

2/24/2016 – The Second Amendment – Checkmate in Four Moves?

2/10/2016 – Why California’s Waiting Period to Purchase a Firearm Will Be Upheld

2/3/2016 – Florida House of Representatives Passes Handgun Open Carry Bill

1/27/2016 – The NRA Thinks Not Getting Caught In A Lie Is The Same Thing As Telling The Truth

12/11/2015 – Why Were the San Bernardino Shooting Victims Unarmed?

11/20/2015 – Attorney Alan Gura May Have Fumbled Another Second Amendment Case

11/20/2015 – HELP WANTED: Competent Second Amendment Lawyer – Inquire Within

11/9/2015 – The Supreme Court may have Finally Found its Next Second Amendment Case

9/2/2015 – Full Derp Battle over Concealed Carry in District of Columbia

9/1/2015 – National Rifle Association Drops Lawsuit against San Francisco

8/31/2015 – The Future of the Second Amendment in California and Hawaii

8/25/2015 – Yes, America, the Second Amendment is a Universal Right!

8/14/2015 – Will this be the Supreme Court’s Next Second Amendment Case?

7/3/2015 – The Future of Open Carry in California Looks Bright

6/16/2015 – State of California Concedes Second Amendment Extends Outside the Home

6/8/2015 – The Second Amendment is Now in the Hands of these Eleven Judges

6/8/2015 – Supreme Court Won’t Hear Second Amendment Cases Until there is a Circuit Split

5/29/2015 – NRA Opposes Open Carry – NRA Now Takes Credit for New Texas Handgun Open Carry Law

5/26/2015 – Four Years Ago Today: Is Open Carry The Right Guaranteed By The Second Amendment

5/18/2015 – Why the Second Amendment Keeps Losing in Court

5/2/2015 – Black Panther Party Invades California Capitol – 48 Years Ago Today

5/1/2015 – The NRA Rearranges Deck Chairs on the Titanic

4/22/2015 – Chief Judge of 9th Circuit Court of Appeals Grants Motion of Lone Voice Defending the Second Amendment Open Carry Right

4/11/2015 – An Open Letter to the Orange County Register’s Editorial on Concealed Carry

4/03/2015 – Another Shoe Drops on the California Concealed Carry Lawsuits

2/27/2015 – Federal Judge Says No Second Amendment Right To Own Firearms

12/6/2014 – The First Shoe Drops On California Concealed Carry Lawsuits

11/30/2014 – Open Carry Gunfight At The California Corral: Start Of Year Four

11/30/2014 – California Open Carry Gunfight Begins Its Fourth Year

11/12/2014 – California Concealed Carry Permits – The Fat Lady Still Hasn’t Sung in Peruta v. San Diego

10/17/2014 – It may be Legal to Carry a Handgun in the Nation’s Capitol by Christmas

10/3/2014 – Another California Concealed Carry Lawsuit Loses before a Federal Judge

8/18/2014 – District of Columbia asks Court for More Time to Enact New Handgun Carry Ban

8/13/2014 – California Concealed Carry Case Peruta v. San Diego – Poised to Move or Stuck in the Mud?

7/30/2014 – Federal Judge Reluctantly Stays his Ruling in DC Handgun Ban

7/28/2014 – The DC Handgun Carry Decision – Throwing Victory into the Jaws of Defeat

7/26/2014 – Ban on Carrying Firearms in Public is Unconstitutional says DC Judge

7/21/2014 – The non-repeal of D.C., Gun-Control

7/2/2014 – US Supreme Court Still Silent On Second Amendment

6/28/2014 – Federal Judge Says Minorities Barred From Bringing Civil Rights Lawsuits

6/7/2014 – The NRA Supports Open Carry Except When The NRA Opposes Open Carry

6/2/2014 – NRA Lawyer Says California Concealed Carry Decision Likely To Be Overturned

6/1/2014 – NRA leadership Comes Out Of The Closet In Its Opposition To Open Carry

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Law Library - 12th to 20th centuries - American and English


Note: These pdf files are quite large.  You will likely have great difficulty viewing them from a mobile device, if at all.  I suggest that you download the pdfs to your desktop computer and view them locally if you are unable to view them online.

Concealed Carry

Many make the frivolous argument that concealed carry is a right under the Second Amendment because the Second Amendment does not explicitly say that concealed carry is not a right.  The First Amendment does not explicitly say that human sacrifice is not a right under the First Amendment nor does it explicitly say that libel, slander and death threats are not a First Amendment right.  Only a fool would claim that these are protected rights.

The rights enumerated in the Bill of Rights are defined by what the right was understood to mean at the time by the people who voted to enact the Bill of Rights (1791) or, when a state or local law is being challenged, what the law meant at the time the 14th Amendment was enacted (1868).

When the Second Amendment was drafted, The People of the United States had lived their entire lives under English law, as had their fathers and their fathers before them.  Since 1603, English law had made it a crime to use a concealed weapon to kill another person unless he was defending himself from someone who had first stabbed at him or taken a shot at him.  Even then, if that stab, or shot, had taken place during an otherwise fair fight one was still guilty of murder should he suddenly produce a concealed weapon and stab or shoot his opponent and his opponent died within six months.

If one were confronted by another person while carry a concealed weapon then one was required to produce that weapon and give his would be opponent the opportunity to similarly arm himself, or decline mutual combat.  If he did not then he was guilty of willful murder and could not be pardoned or otherwise given the “benefit of clergy.”  He was executed.

Concealed carry in and of itself was not prohibited but the use of a concealed weapon entailed grave consequences except in the rarest of circumstances.  Even if one were not the initial aggressor, once one entered into mutual combat then he could not use his concealed weapon to save even his own life.

Just because the mere carriage of a weapon was not prohibited in 1791 does not mean the Framers of the Second Amendment or those who voted to enact the Second Amendment into law believed concealed carry to be a right under either the Second Amendment or under common law.  Persons who carried a concealed weapon had always been suspect.  Within 25 years of the enactment of the Second Amendment states began prohibiting the mere carriage of a weapon concealed and prohibited the mere carriage of concealable firearms even if they were not carried concealed.  By the time the 14th Amendment was enacted, the mere carriage of a weapon concealed was understood by the Framers of the Fourteenth Amendment and those who voted that amendment into law that the Second Amendment right to bear arms did not protect concealed carry, with the exception of travelers and those persons actually on a journey.

For a brief introduction, and as a basis for a starting point, refer to the following books: Beginning at page 180 in the 1813 edition and beginning at page 744 in the 1841 edition.  Both under the heading of “MURDER ON THE STATUTE OF STABBING” 1 Jac 1. c 8

A Practical Treatise on the Criminal Law Volume 3 – 1819

A Practical Treatise on the Criminal Law Volume 3 – 1841


This page contains links to pdf files of legal books from the past.  There are many people out there who claim that there is a right to carry weapons concealed in public beyond that of a traveler while actually on a journey.  Bear in mind (pun intended) that these same people cannot point to a single legal precedent or historical authority which has ever held that there is a right to carry weapons concealed under the Second Amendment.

One would think that if these precedents or historical authorities existed then one of the many lawyers who have brought these failed concealed carry lawsuits across the country would have mentioned at least one of them in their equally numerous legal briefs filed in their failed concealed carry lawsuits.

They didn’t because they do not exist.

There is, however, at least 300 years of legal decisions and historical authorities which prove that there is generally no right to carry a weapon concealed in public.  Under English common law, which the United States operated under since the first colony was formed to the establishment of the United States and the enactment of the Second Amendment, the use of a concealed weapon to kill one’s opponent was murder whereas the use of an openly carried weapon, under the identical circumstances, was eventually manslaughter and, unlike a murder conviction, pardonable.

Unless one understands the evolution of English common law regarding armed self-defense leading up to the enactment of the Second Amendment as well as understanding American common law leading up to the enactment of the Fourteenth Amendment which applies the Second Amendment right as applied to the states, then you have an uninformed opinion.

One common knee jerk response is that the Second Amendment does not say there is no right to carry arms concealed.  Well, the First Amendment does not say that there is no right to make death threats, commit fraud, or sacrifice a human being.  The people who voted for the First Amendment knew that these acts fell outside the scope of the First Amendment as assuredly as concealed carry fell outside the scope of the Second Amendment right to bear arms.

This link will take you to one hundred years of American state court legal decisions from 1822 to 1923.  If you don’t read the debate which went on within the American States regarding the Second Amendment right then where does your knowledge of what the Second Amendment means as defined by the courts come from?  I can tell you right now the claimed Second Amendment right made by the lawyers from the so called gun-rights groups has never existed.

The Parliament Rolls for 1272–1503 were first published in the eighteenth century, as Rotuli Parliamentorum; ut et Petitiones, et Placita in Parliamento (London, 1767–77), under the general editorship of John Strachey.

The Parliament Rolls

The Statutes of the Realm is an authoritative collection of Acts of the Parliament of England from the earliest times to the Union of the Parliaments in 1707, and Acts of the Parliament of Great Britain passed up to the death of Queen Anne in 1714. It was published between 1810 and 1825 by the Record Commission as a series of 9 volumes, with volume IV split into two separately bound parts, together with volumes containing an Alphabetical Index and a Chronological Index.

The Statutes of the Realm

The_Statutes at Large From the Magna Charta to the end of the Eleventh Parliament of Great Britain – Volume 1 – 1762

The Statutes at Large From the 15th Year of King Edward III to the 13th Year of King Henry IV inclusive – Volume II – 1762

A Treatise of the Pleas of the Crown – Volume 1 – Hawkins – 1716

A Treatise of the Pleas of the Crown – Sixth Edition – Volume 1 – Hawkins – 1777

A Treatise of the Pleas of the Crown – Sixth Edition – Volume 1 – Hawkins – 1787

A Treatise of the Pleas of the Crown – Seventh Edition – Volume 1 – Hawkins – 1795

A Treatise of the Pleas of the Crown – Seventh Edition – Volume 4 – Hawkins – 1795

A Treatise of the Pleas of the Crown – Volume 1 – Hawkins – 1803

A Treatise of the Pleas of the Crown – Eighth Edition – Volume 1 – Hawkins – 1824

Joseph Story – Commentaries on the Constitution of the United States – 1st edition – 1833 – Volumes 1 to 3

Commentaries on the Constitution of the United States – Volume 3 – Joseph Story – 1833

Statutes of California – California State Archives – 1850 to 2008

Compiled Laws of the State of California – Garfielde – 1853

The Statutes of California – B. B. Redding – 1855

Statutes of California – Allen – 1857

Statutes of California – Avery – 1863

The General Laws of the State of California, from 1850 to 1864 – Bancroft – 1871

A Treatise on Crimes and Misdemeanors – Sixth Edition – Volume 1 – Oldnall – 1896

Commentaries on the Laws of England – Book 1 – Blackstone – 1793

Commentaries on the Laws of England – Book 2 – Blackstone – 1767

Commentaries on the Laws of England – Book 3 – Blackstone -1807

Commentaries on the Laws of England – Twelfth Edition – Book 4 – 1795

Commentaries on the Laws of England – In Two Volumes – Volume 2 – Books 3 and 4 – Blackstone – 1908

Commentaries on the Laws of England – Book 4 – Blackstone – 1902

The American Students Blackstone G. Chase Edition 1884

Alexis De Tocqueville’s Democracy in America has been cited in Second Amendment cases.

Democracy in America – Volume 1 – Alexis de Tocqueville – 1839

Democracy in America – Volume 2 – Alexis de Tocqueville – 1840

Democracy in America – Volume 3 – Alexis de Tocqueville – 1840

United States Reports at The Library of Congress