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Old April 28, 2021, 01:10 PM   #29
Radny97
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Join Date: July 8, 2015
Posts: 998
Quote:
Originally Posted by 44 AMP View Post
Remember that the 2nd Amendment to the US Constitution is a restriction on the FEDERAL govt, and not specific states.

Within the Constitutional framework, states have the right to do as they see fit, to a point. We fought the Civil War over that concept, and we're still fighting it today, only in courts not the battlefield.

SO, complicating the matter are a number of things, including "does the Federal Govt have the legal authority to decide which state laws are unconstitutional? What if said law does not violate the STATE Constitution??

I'm sure the High Court is considering that, too...

What you’re talking about is referred to in legal jargon whether a particular right has been “incorporated” to the states. Meaning does that particular right also limit state governments as well as the federal government. Certain rights, like the first amendment, the fourth amendment and others have been incorporated to the states. I am uncertain if it has ever been decided if the second amendment is incorporated. Heller may have addressed it. I just can’t remember. If it has not been, then that is certainly one of the potential issues on the table here.


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