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To: lepton
"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).

212 posted on 10/17/2001 6:44:23 AM PDT by gatex
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To: gatex
But all the cases I have read indicate the U.S. Supreme Court has not incorporated the Second Amendment.

They have simply not addressed it rather than having rejected it. What this court opines is that the same legal reasoning that includes the others of the first eight Amendments as being incorporated by the 14th would neccessarily also include the 2nd.

215 posted on 10/17/2001 7:50:49 AM PDT by lepton
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