Second Amendment does not apply to states?

[LowRecoil]

The US 2nd District has ruled against the 2nd Amendment. Click on link for whole article. Mad yet?

http://westernrifleshooters.blogspot.com/

The Second Amendment guarantee of the right to bear arms does not apply to override state firearms bans, the U.S. Court of Appeals for the Second Circuit declared Jan. 28. Under the incorporation doctrine, only certain provisions of the Bill of Rights apply to the states, and the Second Amendment is one of those that does not, the Second Circuit held (Maloney v. Cuomo, 2d Cir., No. 07-0581-cv, 1/28/09)...

 

[joppaj]

Mad yet?

Yup.

Ready to fight back?

http://www.mdshooters.com/showthread.php?t=15029
Sorry LowRecoil, I'm feeling feisty this morning and all politics are local. It is a valid concern though.

 

[Falkus]

I woke up, and I see this post and Yes I am MAD ! Cuz I am late to work !

 

[Boondock Saint]

Wait, what? Amendments to the Constitution do not override state law...? Holy crap.

 

[squirrels]

Didn't the NRA just win a victory over the city of San Francisco based on the SC's interpretation of 2A in Heller??

Sounds like conflicting rulings to me.

Nice to know my civil rights as an American citizen aren't worth jack sh*t. Can I stop paying taxes now?

 

[Allium]

" Can I stop paying taxes now?"

Well so far about a half a dozen appointees havent and Marion Barry hasnt paid 8 of the last 9 years. So why bother - they didnt lose their jobs, wont get jail time and if they do pay all penalties will be waived.

Wait a minute - I'm a middle aged, middle class white male with 3 car payments, 2 house notes on a house thats lost 30% of its value of the past year, 2 college loans, 4 credit maxed, an ira thats worth half what it was a year ago and a job thats lost 20 percent of its income due to the fear of the economy; I get a tax RAISE instead.

 

[LowRecoil]

Can I stop paying taxes now?

Yes, they are voluntary according to Reid



Joppa- I've been ready to fight back and have been doing so...

 

[squirrels]

Does this ruling tiptoe around Heller by arguing that DC is a Federal jurisdiction?

Is this case being appealed?

If SCOTUS doesn't hear it, is it "open season" for gun laws?

If 2A officially doesn't apply to state governments, how many of the people who USED to stand up for our civil rights will vote our way at the state and local levels?? I'm sure there are a lot of reps who vote pro-2A at the state level explicitly because of the Constitution.

Political parties span multiple layers of government...federal, state, and local. If the Dems can't drive gun control through at the federal level, they'll get their cronies at the state level to drive it.

Your 2A rights just got revoked by a Federal court.

Unless SCOTUS overturns this decision, it's only a matter of time until we go the way of England.

 

[joppaj]

Yes, they are voluntary according to Reid


Joppa- I've been ready to fight back and have been doing so...

I know you have, and hopefully I can get your link fixed.

*** beat me to fixing that link I see, I'll disable it to avoid chewing up the bandwidth***

 

[Boondock Saint]

"I don't accept your phraseology!"

 

[Norton]

This is not unexpected. They won't go gently into that good night and the Heller decision is just one tool that we can use to secure the future of our rights.

I'm not as hip to the different circuit courts as i should be, so how has this particular court been on issues dear to us in the past.

These kinds of actions are the exact reason why our community needs a strong financial war chest to combat this sort of nonsense.

We will be continually fighting this sort of thing until there is an incorporation case.

 

[squirrels]

Is there anything in the verbiage of Heller to counter the idea that states are not required to abide by 2A?

2A is a right guaranteed to the PEOPLE. The Constitution does not say, "the Federal government shall not pass any law", they say, "The right of the PEOPLE SHALL NOT BE INFRINGED".

Watch...the Brady Bunch are going to JUMP on this the same way the NRA jumped on Heller.

I wonder if all this movement toward "state sovereignity" is going to backfire on 2A supporters. Probably not in states like Montana, but some of these other ones, who knows.

If I understand correctly, it should go to a Federal appeals court before SCOTUS makes a move, right? That's what happened with the DC ban...it was upheld at the district level, then a Fed Appeals court overturned it.

So...IS this case being appealed?? Is the NRA involved? and if so, why are they not saying anything??

If there is a court decision that 2A does not apply to states and local governments, it essentially threatens to nullify all gun ownership rights. This is a BIG deal.

 

[wlc]

Yes, they are voluntary according to Reid



Joppa- I've been ready to fight back and have been doing so...

He left out a key point, taxes are voluntary if you are a Democrat politician and you can say sorry when you are caught

 

[Splitter]

"....shall not be infringed" mans what?

What would this ruling do to abortion rights? Fredom of speech? women's suffrage?

So....a state can pick and choose which part of the Constitution to follow? Seems to me we already faought that war....

Splitter

 

[vette97]

They are siting Presser v. Illinois and Bach v. Pataki, which says that the 2nd Amendment is a limitation only upon the power of congress and the national government, and not upon that of a state. They claim DC v. Heller did not address the question of whether the 2nd Amendment applied to the states. Therefore, DC v. Heller does not apply. They also say that the 14th Amendment doesn't help because the ban is related to legitimate state interest.

I wrote the NRA, asking what their plan is to fight this. I'm awaiting reply.

 

[joppaj]

I wrote the NRA, asking what their plan is to fight this. I'm awaiting reply.

I'll do the same, please let us know if you get a response.

 

[kohburn]

The Tenth Amendment specifically provides, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

I can see how it could be argued that the second ammendment only prevents the federal government from restricting the right to bear arms. I whole heartedly disagree, but i can see where the argument is coming from

 

[BenL]

This is another one of those attempts to write the law from the bench. It's obviously a bad decision and will get overturned. Otherwise, we lose freedom of religion, freedom of the press, rights against unlawful search and seizure, etc... In short, everything that secures our freedom.

ETA:

I can't help but think that this decision was made because New York is preparing for a 2A case for a handgun, much like the D.C. case, so they're trying another approach.

 

[kohburn]

This is another one of those attempts to write the law from the bench. It's obviously a bad decision and will get overturned. Otherwise, we lose freedom of religion, freedom of the press, rights against unlawful search and seizure, etc... In short, everything that secures our freedom.

exactly - if the 2nd doesn't apply then neighter does the 1st etc. very slippery slope they are trying to play on.

 

[DD214]

exactly - if the 2nd doesn't apply then neighter does the 1st etc. very slippery slope they are trying to play on.

Not exactly true, as most of the others have been incorporated. The 2nd hasn't. If Heller gives us anything, I pray that it will be the opportunity to incorporate the 2nd.