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"-- No court has ever held that the 2nd Amendment bars regulating firearms by the states. Feel free to produce even a single cite. --"
39 posted on 02/19/2006 10:59:09 AM PST by Mojave
Well, you know what I think about that. The First Amendment states "Congress shall make no law..." The Second does not. The "home rule" folks might try to convince people that the State governments can restrict freedom of speech - good luck - but I don't see a lot of wiggle-room in the Second. It says pretty much what it says.
Not a court, but how about Madison ??
"I know, in some of the State constitutions, the power of the Government is controlled by such a declaration; but others are not. I cannot see any reason against obtaining even a double security on those points; and nothing can give a more sincere proof of the attachment of those who opposed this constitution to these great and important rights, than to see them join in obtaining the security I have now proposed; because it must be admitted, on all hands, that the State Governments are as liable to attack the invaluable privileges as the General Government is, and therefore ought to be as cautiously guarded against. "
http://www.usconstitution.net/madisonbor.html#Sec2
This cite is not specific to the 2nd amendment; it is included in Madison's presentation background to the introduction of his first draft of the BOR to the congress..
The Right to Keep and Bear Arms is included in that original draft, however, and intent is made clear in the statement..
The protections against infringement of the listed rights and all others held by "the people" are in fact, to be honored by not only the federal government, but by the states..
Since this ideal is presented in his own words by the very person that originally presented the BOR to the congress, I find it sufficient evidence that the States are required to obey the restrictions of the 2nd amendment..
The United States Supreme Court has stated that the right of the people to keep and bear arms is not constitutional in nature, but a right that ensures the citizens because it existed before the Constitution. Instead, the 2nd Amendment exists to restrict the Congress from infringing this right.
U.S. v. Cruikshank, 92 U.S. 542, 591-592 (1875)