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To: epow
The case will address the application of the Second Amendment to the states through either the Due Process clause or the Privileges or Immunities clause of the Fourteenth Amendment.

Does this make sense...

The case will address the application of the Fourteenth Amendment to the states through either the Keep and Bear Arms clause or the Can't Be Infringed clause of the Second Amendment?

The BoR applies to all the States. You can't opt in or out.

5.56mm

8 posted on 10/11/2009 5:59:36 AM PDT by M Kehoe
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To: M Kehoe
Prior to the 14th, the BOR limited only the Feds. Case law on that subject is very plain. That said, after the 14th the whole BOR certainly does apply to the states. Chief Justice Taney was very clear in Dredd Scott what the court found to be "Privileges or Immunities" of national citizenship.

"For if they [blacks] were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police [60 U.S. 393, 417] regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went."
11 posted on 10/11/2009 9:04:00 AM PDT by RKV (He who has the guns makes the rules)
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