[lepton]

"13. In United States v. Cruikshank, 23 L.Ed. 588 (1875), the Court held that the Second Amendment "is one of the amendments that has no other effect than to restrict the powers of the National Government." Id. at 592. In Presser v. Illinois, 6 S.Ct. 580, 584 (1886), the Court, reaffirming Cruikshank and citing Barron v. Baltimore, 8 L.Ed. 672 (1833), held that the Second "amendment is a limitation only upon the power of congress and the national government, and not upon that of the state." And, in Miller v. Texas, 14 S.Ct. 874 (1894), the Court held, with respect to "the second and fourth amendments" that "the restrictions of these amendments operate only upon the federal power, and have no reference whatever to proceedings in state courts," citing Barron v. Baltimore and Cruikshank. As these holdings all came well before the Supreme Court began the process of incorporating certain provisions of the first eight Amendments into the Due Process Clause of the Fourteenth Amendment, and as they ultimately rest on a rationale equally applicable to all those amendments, none of them establishes any principle governing any of the issues now before us. "

[gatex]

"As these holdings all came well before the Supreme Court began the process of incorporating certain provisions of the first eight Amendments into the Due Process Clause of the Fourteenth Amendment, and as they ultimately rest on a rationale equally applicable to all those amendments, none of them establishes any principle governing any of the issues now before us. "

But all the cases I have read indicate the U.S. Supreme Court has not incorporated the Second Amendment.

In fact the 9th Circuit Appeals said in the 1992 case about the California assault weapon ban---

"Until such time as Cruikshank and Presser are overturned, the Second Amendment limits only federal action, and we affirm the district court's decision ' that the Second Amendment stays the hand of the National Government only."

[Fresno Rifle and Pistol Club v. Van De Kamp, 965 F.2d 723 (9th Cir. 1992) ]

The Supreme Court also declined to hear the Village of Morton Grove (Illinois) case, where the Village banned handguns within the Village borders (cert denied 1983).