Maybe if the citizen is trained/licensed/certified, there is no violation of the 5th (ie., citizens are not threatened by those who are licensed). We're just making this up as we go, so let's say there could be a reason.
If the second amendment is incorporated, the USSC defines what the second amendment protects. If it doesn't protect CC, then the 5th amendment challenge is successful and CC is void in all states. No matter what the state CC says, the USSC doesn't recognize it.
So, incorporation DOES make a difference, and that difference is how many states would be affected by a negative USSC ruling.
Think incorporated 1st amendment, shouting fire in a theater. The USSC says it's not allowed. A state cannot say it is.
Prior to incorporation, each state decided.
"-- We're just making this up as we go, --
"-- If the second amendment is incorporated, the USSC defines what the second amendment protects. --"
Indeed, if we continue to allow the USSC to work under the legalized fiction that the 2nd Amendment needs to be "incorporated" to be valid, we have permitted them to exercise a power they do not possess. A power they're simply "making up"..
Thanks bobby..
Think incorporated 1st amendment, shouting fire in a theater. The USSC says it's not allowed.
IIRC, the USSC said that the First Amendment did not protect a right to shout fire. Can you cite the text where they said you can't shout fire in a theater?
A state cannot say it is.
Cite the text which backs that up, please.
Prior to incorporation, each state decided.
That is true, but incomplete. With incorporation, each State still decides. Are you saying otherwise?