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Old January 1, 2013, 02:37 PM   #111
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 5,949
Quote:
Originally Posted by No1der
I will leave one caveat though, for sake of argument, the authors of the Constitution also made provisions that the document may be changed to meet current day, or future day, needs of society. I mean even in the "Old West" days, towns apparently had the power to dictate whether carrying a gun on ones person was legal or not based on town rules. Seems nobody had a problem with it back then so I would have to guess that this was somehow not Unconstitutional. I can't explain it, it's just a little 'aside' thought.
Do you have any idea how difficult it would have been for someone in, say, Wichita, Kansas, in the 1800s to file and pursue a lawsuit against a town ordinance prohibiting the wearing of a sidearm? The fact that no such case made it as far as the Supreme Court in no way demonstrates that such "town rules" weren't unconstitutional.

However, also keep in mind that in many cases the town rules to which you refer pre-dated the 14th Amendment. Even so, it wasn't until the McDonald lawsuit in Chicago that it was finally determined by the SCOTUS that the 2nd Amendment is (by virtue of the 14th Amendment) binding on state and lower governments as well as on the Federal government.
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