[Ken H]

Are you saying that State and local governments are bound by the Second Amendment or not bound by it?

My take is that the Bill of Rights says to keep hands off.

I'm not trying to parse you death, but that could be interpreted as saying the Tenth Amendment means hands off the State's prerogative in the area of the RKBA.

It could also mean that the States are required keep their hands off of people's guns.

Let me ask one more time. Are States bound by the Second Amendment in your opinion?

[RKV]

After the passage of the 14th Amendment it is clear that the BOR does apply to the states. I used to think that it did beforehand until I got in a debate here at FR and learned otherwise. My logic was the 9th and 10th Amendments and the Supremacy Clause. I still think you can read that interpretation into the words of the Constitution without any effort whatsoever. After reading the founders on the subject (does BOR applies to the states) it is pretty clear that it did not apply to states as originally intended. 14th Amendment is the law of the land now, and the Senatorial debates from the time of its passage are very clear that its intent was to apply ALL of the BOR to the states.

[rjsimmons]

Quote
Let me ask one more time. Are States bound by the Second Amendment in your opinion?

I don't know what you are trying to get at. I am not a Justice for the SCOTUS and don't make policy. The Constitution establishes the powers of the Federal Government. The Bill of Rights limits the Federal authority. Within the BoR rights not protected specfically are allowed to be addressed by State Constitutions. States are bound to obey Federal laws, giving a distinct message that they are bound by the 2A of the BoR.

If you are going to chase a rabbit and ask why States ban certain weapons, then I suggest you pay particular attention to the rulings of the SCOTUS on the Emerson case. The 5th Circuit Court agreed that the 2A protects an individual's RKBA. The 12th Circuit Court ruled exactly the opposite. It will be up to the SCOTUS to resolve the conflict.