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To: Ken H
If the RKBA is indeed a personal right as he suggests, can a State infringe that right without violating the Second Amendment?

Yes, because the 2nd amendment doesn't apply to them. These are two completely separate issues you're conflating - how the right is defined by the Constitution, and who's restricted by it from violating that right.

580 posted on 08/08/2004 11:22:48 AM PDT by inquest (Judges are given the power to decide cases, not to decide law)
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To: inquest
If the RKBA is indeed a personal right as he suggests, can a State infringe that right without violating the Second Amendment?

Yes, because the 2nd amendment doesn't apply to them.

That's true for current case law, as I understand it. But wasn't Justice Thomas saying that case law had it wrong by suggesting there is a personal RKBA?

These are two completely separate issues you're conflating - how the right is defined by the Constitution, and who's restricted by it from violating that right.

Do you think the proper reading of the Constitution means that the individual RKBA shall not be infringed by state and local governments, as well as federal?

582 posted on 08/08/2004 11:43:17 AM PDT by Ken H
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To: inquest; robertpaulsen

Ken H wrote:

If the RKBA is indeed a personal right as he suggests, can a State infringe that right without violating the Second Amendment?

______________________________________


Yes, because the 2nd amendment doesn't apply to them.

These are two completely separate issues you're conflating -

- how the right is defined by the Constitution, --

-- and who's restricted by it from violating that right.
580 inquest

_____________________________________


Round we go again..

Our fundamental personal rights to life liberty or property cannot be 'defined' away by judicial or legislative fiat. [See the 14th on due process]

Nor can the rights of the people be infringed upon by the powers delegated to governments, fed or state. [See the 9th & 10th Amendments]


--- Really guys, this 'states rights' position you hold is getting ludicrous.


595 posted on 08/08/2004 12:34:47 PM PDT by tpaine (No man has a natural right to commit aggression on the equal rights of another. - T. Jefferson)
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