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Old 02-02-2013, 12:29 AM   #11
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Incorporation is the term you are talking about. I am on my phone and can't search well but Google "2A incorporated constitution" and i think you will find some legal opinions on the issue.
Incorporation is an interesting concept. I believe incorporation amounts to simply recognizing what was already true, that the amendment in question DOES apply to the States. Some people, including some important people on the Supreme Court, have had the opinion that some parts of the Bill of Rights DO NOT apply to the States or that some amendments only apply in a limited way. I disagree in many cases.

My question in this thread is not "What is the law of the land that we are stuck with?" My question is "What do you, the reader/poster, think about this subject?"
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Old 02-02-2013, 12:34 AM   #12
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To put it simply, state laws can be unConstitutional. I believe that may be the root of your question.

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Old 02-02-2013, 12:40 AM   #13
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To put it simply, state laws can be unConstitutional. I believe that may be the root of your question.
Can they take away our right to free speech?
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Old 02-02-2013, 12:46 AM   #14
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Well, it's almost that simple. You are correct that Fed laws and State laws are not the same. Fed laws are for all. State laws are for that State.

However, States cannot pass laws that violate the Constitution. I maintain that 2A overrules all of the other legislation the restricts arms for law abiding citizens. The recent NY laws are an example of what I believe are unconstitutional legislation.

That is just my opinion. Others maintain that the States have the right to restrict firearms.

What is your opinion on this? And why?
The state passes a law and then it is there to be challenged, simple. Just get thrown in jail and start writing checks to challenged it. It is not real complicated.
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Old 02-02-2013, 12:47 AM   #15
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Can they take away our right to free speech?
Stricktly speaking, no. As I said state laws can be found unConstitutional. The recent NRA legal cases involving D.C. and Chicago come to mind as examples of 2A related topics.
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Old 02-02-2013, 12:56 AM   #16
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The state passes a law and then it is there to be challenged, simple. Just get thrown in jail and start writing checks to challenged it. It is not real complicated.
True as a practical matter. That is how things are actually happening. Should it be that way? Should a person have to sacrifice their life savings and their liberty for an extended period of time to overturn a law that should never have existed in the first place? Is that what the founders intended? Or the States at that time?
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Old 02-02-2013, 01:04 AM   #17
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A good sized list of a number of state laws that would be ruled unConstitutional as well as very short descriptions on each.

http://law.justia.com/constitution/us/047-state-laws-held-unconstitutional.html

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Old 02-02-2013, 01:21 AM   #18
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According to the Second Ammendment of the U.S Constitution, no one has the right to regulate firearms

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Old 02-02-2013, 01:27 AM   #19
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True as a practical matter. That is how things are actually happening. Should it be that way? Should a person have to sacrifice their life savings and their liberty for an extended period of time to overturn a law that should never have existed in the first place? Is that what the founders intended? Or the States at that time?
I bet Zimmerman is still writing his name on the back of the checks not the front.
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Old 02-02-2013, 01:50 AM   #20
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A good sized list of a number of state laws that would be ruled unConstitutional as well as very short descriptions on each.

http://law.justia.com/constitution/us/047-state-laws-held-unconstitutional.html
A VERY good sized list indeed! Here is one excerpt that contains an interesting phrase:
"500. Bibb v. Navajo Freight Lines, 359 U.S. 520 (1959).

Illinois statute which requires trucks and trailers operating on state highways to be equipped with specified type of rear fender mud-guard, which is different from those permitted in at least 45 other States, and which would seriously interfere with "interline operations" of motor carriers cannot validly be applied to interstate motor carriers certified by the Interstate Commerce Commission, for the reason that interstate commerce is unreasonably burdened thereby."

One wonders whether much of the gun ban style legislation should be set aside "for the reason that RKBA is unreasonably burdened thereby"...
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