I both agree and disagree.
I do agree that you can make a good argument that concealment isn't a protected constitutional right. But carry
clearly is protected by the second amendment, since that's what it means to "bear arms", and I think it's silly -- even disingenuous -- of the judge to argue that the legal right to carry an unloaded gun fulfills the constitutional requirement. An unloaded gun isn't an "arm", it's an oddly-shaped chunk of metal, only marginally more useful for fighting than a rock of similar weight.
The judge is clearly right that the government has a legitimate interest in the safety of its citizens, but that just raises the obvious question of whether or not restricting lawful concealed carry is an effective tool to enhance public safety -- or whether it has no effect, or even has a detrimental
effect. The government should be required not only to show it has an interest in the issue, but that there is a reasonable basis to conclude that the regulation actually serves that interest.
One final thought: It may actually be very good for concealed carry if the open carry ban is passed. Wisconsin has been struggling with this. They don't allow CC, so people OC. They don't like OC and want to shut it down... but outlawing both CC and OC is a ban on carry, period, which is impossible to reconcile with the text of the second amendment and the RTKBA clauses of many state constitutions. This leaves the anti-gunners in the position of having to accept the lesser evil, which in their eyes is permit-required CC -- and arguably anything less than "shall issue" is unconstitutional. This judge even implicitly accepted that by arguing that the "may issue" policy was okay because OC is legal. If loaded OC were legal, I'd even agree that he may have a point. But banning (or severely limiting) both OC and CC clearly is not.
Four boxes protect our liberty: soap, ballot, jury and ammo. Use in that order.
Utah CFP Instructor; NRA Certified Instructor for Pistol, Rifle and Self-Defense in the Home; NRA RSO.
I am not a lawyer!