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Old February 8, 2009, 01:46 PM   #5
maestro pistolero
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Join Date: August 16, 2007
Posts: 2,153
The 14th amendment provides equal protection under the law for all people. It came out of civil war reconstruction period where newly freed slaves were denoed baics civil rights, especially second amendment rights.

The court have used a selective incorporation doctrine which, until recently, has not been historically applied to the 2nd amendment, which may be puzzling to some, because of the original intent of the 14th and 2nd amendments.

Due to the 2008 Heller vs D.C. decision, where the Supreme Court recognized for the first time that the 2nd amendment is an individual right (not necessarily related to militia service), the 2A right is now considered by most to be a right so fundamental, that incorporation against the states is likely, if not inevitable.

There are at least two high profile cases on appeal right now, which may recognize the 2nd as an incorporated right. One of them is Nordyke vs Alameda county in CA, another is against Chicago because of their DC-esque handgun ban.
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