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To: robertpaulsen
Certainly, state gun laws are only restricted by their state constitution, correct?

Sure just like state laws that restrict freedom of speech and the press. Those are not covered by the first amendment...right? Oh wait the first amendment says "Congress shall make no law", the second does not. Further the 14th amendment states "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States". The privileges and immunities in question were pretty much universally understood to be, at minimum, those protected by the first 8 amendments to the federal Constitution. (A right properly understood, is an immunity from governmental action)

186 posted on 01/18/2005 8:56:00 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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To: El Gato
The first amendment was incorporated under the 14th amendment's provision of Due Process (not Privileges and Immunities) and applies to the states. That means when nude dancing is allowed as "free speech", it must be allowed in every state.

The second amendment has not been incorporated. It only applies to the federal government. The gun laws in your state are guided by your state constitution, not the U.S. Constitution.

That's how different states have different gun laws. How some states allow concealed carry and some don't. How certain cities like LA, New York, Chicago, Washington, DC can actually ban the ownership of guns.

(Didn't you ever wonder how states could have different gun laws?)

277 posted on 01/19/2005 8:48:21 AM PST by robertpaulsen
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