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Old May 27, 2009, 09:11 PM   #5
csmsss
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Join Date: October 24, 2008
Location: Orange, TX
Posts: 3,078
Quote:
I'm freekin lost!!! The second amendment only applies to the limitations the federal government seeks to impose

Someone please explain how that means the 2nd doesn't apply to the states!?!?!?!

Are they saying that the constitution only applies to the Fed Gov and not the states!?!?
Yes. The legal theory behind this is, well...interesting to say the least, but the concept of applying Amendments 1-10 to the U.S. Constitution to the states is called incorporation. What has evolved over time is a doctrine called "selective incorporation", where only certain of the rights guaranteed by the Bill of Rights are incorporated to the states as well. The 2nd Amendment was never incorporated in this way, primarily because it was, at least until D.C. v. Heller, viewed not as a personal, but as a collective right. There was seen to be no need to incorporate collective rights against the states. There are current cases before the 2nd and 9th federal appellate circuits addressing this issue, one or more of which will undoubtedly reach the Supreme Court.
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