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Old June 2, 2009, 07:53 PM   #1
Chris2121
Junior Member
 
Join Date: June 2, 2009
Posts: 6
New To Incorporation

Hello all - this is my first post on this board - and what a fantastic board it is! I live in NYC, but am a gun enthusiast thanks to relatives who live in gun-friendly states. I'm an ardent Libertarian/Conservative, at least as far as gun rights and taxes are concerned.

With that being said, I've been doing a lot of readings of the major 2A SCOTUS arguments/opinions, but I'm a little confused as to what extent incorporation would apply to the states. Let's take a theoretical situation in which SCOTUS rules that 2A is incorporated. Would this affect CCW at all? Have there been any cases in the mix, or even just discussions as to whether the "bear" of "keep and bear arms" refers to actually carrying a gun on one's person? Or would it be logical to assume that it, at first, would only apply to home defense (premises permits)?

I guess what I'm getting at is that while it's great that the our pre-existing rights would be safe under the Constitution, in practice, not much would change for the 39 states that are already shall issue. For the other 11 states, they'd be free to own a gun in the home, correct? I'm definitely aware that while it's 39 shall issue states right now, it could be far less many years from now.

I'm definitely perturbed by the fact that 2 of the justices in the Chicago ban case today that sided with the antis were supposedly very conservative. I don't doubt their conservatism, but it makes you wonder if Scalia/Roberts/Thomas/Alito/Kennedy would vote the same way?
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