Legal Question in Constitutional Law in Florida

Guns

Hello,

My question is this: How can a state legally ban guns when the United States garauntees that citizens have the right to keep and bare arms. If we are travelling to Virginia from Florida, and we have a liscence to carry a gun in Florida- why can't we go anywhere in the United States and have our weapon? Can you send me the names of supreme court or federal court cases which may offer case law along related lines to this question?


Asked on 8/19/02, 6:56 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Guns

There is no individual right to bear arms in the United States. The Supreme Court has consistently ruled that it is a collective right and pertains to a militia, as the 2nd Amendment states, the militia today being the National Guard.

Prohibitions against the possession of firearms have long been upheld as respects the District of Columbia, New York City, and others.

A Florida concealed carry permit will not authorize possession of a firearm in any other state which either bans firearms or which requires its own concealed carry permit.

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Answered on 8/19/02, 7:08 pm


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