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To: Carry_Okie

Under McDonald, the states (and their subdivisions) are as bound by the 2nd Amendment as the federal government is under Heller (and thus Bruen or any other 2nd Amendment case). The 14th has incorporated the 2nd against the states. Thus, this is a pure 2nd Amendment case -the 10th has nothing to do with it, just like in Caetano (which the federal courts would have noticed and ruled upon if that were the case).


9 posted on 06/24/2024 6:46:03 AM PDT by Ancesthntr ("The right to buy weapons is the right to be free." - The Weapons Shops of Isher)
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To: Ancesthntr
Under McDonald, the states (and their subdivisions) are as bound by the 2nd Amendment as the federal government is under Heller (and thus Bruen or any other 2nd Amendment case).

I don't think the holding is as absolute. The States bear the responsibility for local law enforcement. As we have just seen, it is States that define restraining orders that were upheld by the SCOTUS, I suspect as a matter of due process. One may apply the same standard to those found by a court to be criminally insane or mentally incompetent.

My preference would be that such a process might be applied as elemtal to inductive training at the age of maturity, such that the unorganized militia might be "well regulated." Nobody could rationally conclude that its current state meets the standard expressed in the 2A as a necessity. See A Well Regulated Militia: Bringing Our Country Together... with the Second Amendment?

10 posted on 06/24/2024 7:05:15 AM PDT by Carry_Okie (The tree of liberty needs a rope.)
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