Constitution Carry In KY?

Quote:

Originally Posted by Drylok

http://cincinnati.com/blogs/nkypolit...ed-carry-laws/

Looks like KY is in a race with Montana to become the 4th constitution carry state. How bout you guys there in PA? I figured you'd be pushing it too

KY was probably already a constitutional carry state from 1822 to 1850. In 1822, KY's highest court held the right to bear arms 'absolute' (according to a KY AG in the last two decades), a status that would diminish as the KY constitution was first amended to provide enabling language with the right to bear arms to allow the legislature to regulate concealed carry, and later did away with 'shall not be questioned'.

The case, Bliss v. Commonwealth, interpreted OUR right to bear arms, the exact provision we have had for 220 years in PA and substantively what we've enshrined in a constitution since 1776, along with OUR high powers clause (theirs had an extra line about voidance, which our courts already recognize as law). And so while the people in KY CHANGED THEIR CONSTITUTION to purport to allow the regulation of the right to bear arms, WE IN PA HAVE DONE NOTHING TO OURS, and yet nearly every case following Wright v. Commonwealth in 1875 tells us we have nothing but an unabsolute right to bear arms that is not unlimited and it is reasonable to regulate the right as a valid exercise of the police power.

The truth is, we by all rights should already have constitutional carry. Both our 1776 and 1790-to-date styled right-to-bear-arms provisions have been interpreted by other states who have adopted them to invalidate the type of (concealed) carry laws we have today. Several states, after seeing the Bliss finding, thought they had to add enabling language to their right to bear arms to allow legislative regulation. Yet Bliss has never been mentioned in reported PA appellate jurisprudence.

How did we miss the memo?