2nd Amendment incorporated to states

Discussion in 'The Constitutional & RKBA Forum' started by Blackhawk Dave, Apr 20, 2009.

  1. Blackhawk Dave

    Blackhawk Dave Member

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    In a mixed ruling, while the original verdict against a gun show operator was upheld, the 9th Circus stated that the 2nd Amendment was "incorporated" to the states. This means that the states within the 9th jurisdiction are bound by the 2nd Amendment.

    This will go to the SCOTUS but this is the first time that states are required to consider then 2nd Amendment along with all the others.
    http://www.ca9.uscourts.gov/datastore/opinions/2009/04/20/0715763.pdf
     
  2. armedandsafe

    armedandsafe Guest

    The Second is incorporated, but you can't use it in your argument. Say WHAT?

    Pops
     

  3. armedandsafe

    armedandsafe Guest

    Read Justice Gould's concurrance, starting on page 4508 (pdf page 43.) It is great!

    Pops
     
  4. kingcuke

    kingcuke Member

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    Very interesting read, I wonder how far state initiatives to incorporate the Bill of Rights would get on the ballot. It would be interesting to see the politicians argue against the BOR as being unnecessary limitation on state government.
    I do realize that this is not as simple as it appears since incorporation could be conceived as precedent for federal involvement on state government.
     
  5. jacksonco

    jacksonco New Member

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    The right to bare arms is in the West Virginia Constitution and has been for a very long time now.
     
  6. Silencer

    Silencer Well-Known Member

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    I've been reading this ruling all morning. I found this statement a bit alarming...

    What I highlighted opens up the door to all sorts of unreasonable definitions. It's a win, but a loss for the Nordykes; and the win has the potential to be seriously limited.

    Is this still a 'win?'
     
  7. Blackhawk Dave

    Blackhawk Dave Member

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    Interesting constitution that includes tee-shirts. :)
     
  8. bcj1755

    bcj1755 New Member

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    Same in NC. The only thing NC really regulates, besides the normal no shooting inside city limits or carrying on school property, etc., is full-auto weapons and concealed carry. To posses a full-auto, you have to have the ATF Class 3 license and then register the weapon with the county sheriff. For a CHP, you take a training class and apply with the county sheriff. Other than that, NC pretty much leaves one alone involving firearms.
     
    Last edited: Apr 20, 2009
  9. Trouble 45-70

    Trouble 45-70 New Member

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    The British went to Lexington and Concord to seize powder, flints and weapons of the milita. These included privately owned weapons, Brown Bess and some Charleville muskets, the assault weapons of the day. To me the weapons the second ammendment refers to is every assault weapon in the U.S. inventory from Brown Bess to the current varient of the M-16.
     
  10. user

    user Active Member

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    That's an interesting reflection of where they might go in the future, but since it is not essential to the holding of the case, it is not precedent. It's "mere dicta", an offhand comment - not a statement of law binding on lower courts.

    The Ninth Circuit, of all places - the only way that would have been harder to believe would have been if it had been the First.

    It's unlikely that the comment will be considered on appeal, unless the Court is in an activist mood. In which case I wish they wouldn't - it'd be a weaker decision if it's not the issue that's squarely before the Court.