Should the Second Amendment Apply to States?

[50CalRay]

You would think this question would be simple, the Second Amendment knows no boundaries. But oddly enough this question is about to land in the lap of the Supreme Court...just in time for our newest Supreme Court Judge Sotomayor. Chicago Illinois seems to believe they have the right to ban their people's rights at will. Now the NRA is about to challenge Chicago's hand gun ban which closely resembles the Washington D.C. law that was recently struck down in Heller vs D.C.

Now if you learn anything from me it's that I'm a huge fan of states rights. So I strongely disagree with anything that interferes with a states right to govern them selves. But I'm also a stronge believer in the Constitution. Now I'm no Constitutional Attorney by any stretch so this is my own personal opinion or understanding of the Constitution and States right. Anything not mentioned in the Constitution falls on States rights.

The Constitution clearly States we the people have the Right to Keep and Bear Arms. So call me nutz but I don't think states have any leg to stand on in banning people's rights to firearms.

So my question for you is whether or not you believe states have the right to ban firearms or not?

related article:

Should the 2nd Amendment Apply to the States?



August 10th, 2009 8:15 am | byMarc Gallagher
In the wake of last year’s Heller decision the question of incorporating the 2nd Amendment to the states has seen some play in the U.S. circuit court system. What is “incorporation” and should the 2nd Amendment override state law?
First, here is some audio from Guntalk, a weekly radio show hosted by Tom Gresham of Guntalk.tv, a wonderful resource for all gun-owners.
Gresham reveals the details of the previous incorporation-related cases and a new development that could have a bearing on whether or not the Supreme Court takes up the question. Before it was a no-brainer for the high court to hear the case, but now the 9th Circuit Court appears to be trying their hardest to make it a “brainer”. Listen to Gresham lay it all out in the audio below.

Originally, the Constitution and Bill of Rights were a set of restraints on the federal government. The states pretty much had free reign on the laws they could enact. The states were governing themselves prior to the ratification of the Constitution. Our Founders (for the most part) tried to avoid trampling on states’ rights to self-govern. The amendments passed following the Civil War, particularly the 14th, set the stage for the trampling to begin.

Should the 2nd Amendment Apply to the States? :: Liberty Maven

[gturner140]

Forty-four states have already incorporated the concept of the 2ndA into their constitutions. It is the fringe states [CA, NY, IL, etc.] that are causing the problems. I believe that once this case is settled in CA (as it is already applying it in the 9th), everyone will follow.