[Waco]

If the 2nd doesn't apply in Kali. then the 5th, 14th, and ALL others don't apply either, right? I read where there was a ruling back in the 1800's which said the amendments definitly apply to the States. Case closed.

[robertpaulsen]

Starting in the early 1900's, the U.S. Supreme Court has used the Due Process Clause of the 14th amendment to selectively incorporate the U.S. Constitution's Bill of Rights. They have declared certain rights fundamental to liberty, and made the protection of those rights applicable to the states.

Since the early 60's, almost every clause in the Bill of Rights has been incorporated (notable exceptions are the 2nd and 3rd Amendments, the grand jury indictment clause of the 5th Amendment, and the 7th Amendment).

This means that your RKBA is protected by your state constitution.(The second amendment is only a restriction on the federal govenment, not the state.)

Since the California state constitution provides no protection in this area, a constitutional amendment is the only way to get it.

[KayEyeDoubleDee]

read where there was a ruling back in the 1800's which said the amendments definitly apply to the States

My understanding is that this is an early 20th Century construct.

[Carry_Okie]

If the 2nd doesn't apply in Kali. then the 5th, 14th, and ALL others don't apply either, right? I read where there was a ruling back in the 1800's which said the amendments definitly apply to the States.

No. The Slaughterhouse Cases defined the newly ratified 14th Amenmdment very narrowly as appertaining only to differences of race. Ever since Gitlow v. New York in the 1920s we have been under an Orwellian regime known as "selective incorporation" where some of the BOR was under the 14th and other parts were not. So far, the Second Amendment has not been incorporated, leaving to the several States the power to regulate RKBA pursuant to their role in the organized militia.

For more on this topic than you probably ever wanted to know...