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Old April 28, 2021, 04:24 PM   #31
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 17,085
Quote:
Originally Posted by 44 AMP
this is a more tricksy subject than it seems on the surface, because its not just about individual rights, it's also about state's rights.

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...
Zukiphile beat me to it. They don't need to consider that question, because they already addressed it. The McDonald decision established that the the 2nd Amendment applies to the states, by way of the 14th Amendment. So that question was resolved eleven years ago.
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