North Carolina basically put this into the state Constitution.The Dean of my law school could have easily explained why Obergefell is wrongly decided so, as you might imagine, I could echo that, but let's stick to firearms
The first and most obvious piece that proves Law-Dog's point is the famous SCOTUS remark that we don't have the right to "yell FIRE in a crowded theater". That is outside the realm of free speech, just as calling someone a thief, a murderer, a philanderer, or a child molester, etc., is defamatory and impermissible, and will cost you thousands, unless you can prove that the statement is true. The Sullivan case exception is an unfortunate exception.
So, going back to the Constitution in re firearms, we must digress to consider cases that applied Federal law to the States. Over the 100 years after the passage of the 14th Amendment, and in our case 145 years, the Second Amendment did not apply to the States. Each of the Federal Bill of Rights was applied to the States through the due process clause of the 14th Amendment. In 2010, in the McDonald case, SCOTUS finally incorporated the Second Amendment's right to keep and bear arms to the several States (and local governments). Essentially, that means that states cannot arbitrarily ban individuals from owning handguns for self-defense, as the right to own firearms is now a fundamental right protected at all levels of government.
That covers "KEEP".
But what about "BEAR"? Or "carry", as Law-Dog writes? The Heller case left reasonable restrictions in place. So each State, and each local government, absent a state preemption rule, can still place restrictions on carrying firearms. In a recent thread I noted that ALL Federal facilities ban firearms. How is this possible?
Without reading the replies, the short answer is that it is impermissible to take a firearm into or onto a Federal facility. They don't need a sign. National forests are a horse of a different color, but any Federal building is automatically "NO FIREARMS PERMITTED". Don't get overheated about it; that's been the law for decades.
It's really quite simple. You never lose the right to make decisions about what activities you will or will not permit on your own property. Leaving out National Forests, that's a whole separate discussion, all Post Offices, Federal office buildings, and courthouses, and even rented offices, are all automatically covered by this Federal ban.
What's good for the goose is good for the gander - if you can make that decision in your home or place of business, the government has the same right and ability.
Sec. 30. Militia and the right to bear arms.
A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.
