Supreme Court to look at 2nd again

[Mithras61]

The way I see it, this will drift from being a gun rights issue, to more of a states right vs federal right issue. Sure the issue at had is related to guns, but the larger issue is can the federal government force states to change their laws. While gun ownership will be a core tenet, I think alot of states will argue that they should decide what is best for their citizens, and not the federal goverment.

Perhaps, but I think it is being argued more as a "Fundamental rights protected by the Bill of Rights cannot be abridged by the States" case. That is, the States didn't have the right/power to prohibit hand gun ownership in the first place, anymore than they have the right to limit/control freedom of speech.

[seamusTX]

This is a difficult question for those who argue that the Constitution is an immovable object.

The federal bill of rights was originally understood to apply only to the federal government, as made clear in the phrase, "Congress shall make no law..."

Some of the states had more ironclad bills of rights. Some had none, and some had elements like official state religions that we would consider unconstitutional today.

Only after the ratification of the 14th amendment did the Supreme Court begin to apply the federal bill of rights to the states. All except the 2nd and 3rd have been incorporated. The 3rd is pretty much moot, as no American government has attempted to quarter troops in private homes. This is the time for the 2nd to be incorporated.

Nobody should be chilling the champagne. Even if SCOTUS incorporates the 2nd (which I expect them to do), local governments will still be able to exercise the kind of ridiculous (IMO) police power that D.C. is currently doing.

The next battle, after this is won, will be reining in states' power to restrict weapons ownership, analogous to the way that SCOTUS limited states' power to restrict voting rights.

- Jim

[BillyBothHands]

I think I saw a deeper link to a document on this site in a previous post but I just wanted to point it out to everyone so you can keep up with the latest.

Gura's law firm (the attorney fighting for us) has a blog up http://www.chicagoguncase.com/ They ran a similar one for DC vs Heller and it seemed to be updated just as
soon as they had the info.

[joe817]

Good info BillyBB! Thanks for sharing!