[robertpaulsen]

Another amendment that was submitted and rejected was one that stated the BOR would also apply to the states.

In the above article, the Ninth Circuit was ruling on a California state law, which is not affected by the second amendment (which only applies to the federal government).

[tacticalogic]

In the above article, the Ninth Circuit was ruling on a California state law, which is not affected by the second amendment (which only applies to the federal government).

In your opinion, are they correct? Remember we're talking about the Ninth Circuit Court, here.

[neverdem]

Another amendment that was submitted and rejected was one that stated the BOR would also apply to the states.

Do you have any idea how they managed that trick? If the states are subordinate to the Federal government, how can states infringe on supposedly, federally recognized individual rights, not that they don't try? Has SCOTUS ever made any definitive Second Amendment decision.

[RKV]

It is a common misunderstanding that the BOR applies only to the feds. Properly read the 9th and 10th Amendments should have taken care of that at the founding. The 14th Amendment should remove all doubt. "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States..." I admit that historically courts have been mixed on this subject (mainly because some jurists want to be able to oppress minorities IMHO).

[arthurus]

The state law is very much affected by the second amendmant. It is not like the first amendment which says "Congress shall make no law..." It says "...shall not be infringed". It doesnt say who shall not infringe. It says shall not be infringed which means nobody can infringe it.

[El Gato]

Another amendment that was submitted and rejected was one that stated the BOR would also apply to the states.

Which one was that? When was it submitted in 1866, and by whom?

There was of course an amendment submitted that forbide the states from abridging the priveleges and immunities of citizens of the United States. That one was ratfied in 1868. But of course the same sort of creative interpretation was applied to that one as has been applied to the second amendment. (Ruling that it only protected rights involving areas of federal responsibility, such as freedom to travel on navigable waterways. In spite of the intent of it's Congressional authors, as documented in the Congressional record, that it apply the first 8 amendments to the states)

[Quiller]

In the above article, the Ninth Circuit was ruling on a California state law, which is not affected by the second amendment (which only applies to the federal government).

This implies that you believe the Constitution applies only to the federal government, not the states. Does that mean, therefore, you believe it would be okay for the states (but not the federal government) to pass laws restricting free speech, or abrogating protections from search and seizure, etc.?

You would have a stronger position if you said the states could pass laws regarding religion (since the first amendment does say Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof and does not specifically prohibit the states from doing so.

[MarkL]

In the above article, the Ninth Circuit was ruling on a California state law, which is not affected by the second amendment (which only applies to the federal government).

Actually, the Constitution is the supreme law of the land, and superscedes state and local laws as well. Otherwise, states could have opted out of prohibition, and voting rights could be denied in state and local elections. I don't recall the Amendment that extended it to the states and localities off-hand, but I believe that it's implied in the Amendment. Of course, given the courts' and politicians' penchant for completely ignoring the 10th Amendment places all control in the hands of the federal government.

Mark