[robertpaulsen]

"No firearms law since 1846 has been considered an infringement"

Many, many have. Just not by the U.S. Supreme Court.

For example, all cases concerning state firearm laws presented to the federal appellate courts were rejected since the second amendment wasn't incorporated and didn't apply to the states. With incorporation, all of those cases can be retried.

All of the federal circuit courts can now hear cases regarding state gun laws, and all the federal circuit courts can give their opinion.

Well, we can probably count on the 5th Circuit and the DC Circuit to rule favorably. That leaves the 1st Circuit, the 2nd, the 3rd, the 4th, the 6th, the 7th, the 8th, the 9th, the 10th, and the 11th -- all of which have previously ruled a collective militia/state right.

2 against 10. Two say concealed carry is part of "to keep". Ten say it's not. It goes to the U.S. Supreme Court. Five justices decide for the whole country. I don't like the odds.

[publiusF27]

For example, all cases concerning state firearm laws presented to the federal appellate courts were rejected since the second amendment wasn't incorporated and didn't apply to the states. With incorporation, all of those cases can be retried.

But if someone is going to the federal government asking for protection of second amendment rights, and gets turned away because there is no such federal protection, that's the end of the road. That's a good thing? I can go to the feds and say that my state is somehow violating my first amendment rights, and they might tell my state to cut it out. I can't go to the feds and say that my state is somehow violating my second amendment rights, because I only have the right to a pointed stick as far as the feds are concerned. Why would it be so terrible if we could attack state laws as infringements on the 2A? The cases can be retried, and the gungrabbers can lose.

2 against 10. Two say concealed carry is part of "to keep". Ten say it's not. It goes to the U.S. Supreme Court. Five justices decide for the whole country. I don't like the odds.

If I live in one of the ten, I'm already living under a collective/militia interpretation, meaning things really can't get worse. Roberts, Alito, Scalia, Thomas, and... who?

Kennedy. He respects sound scholarship, and the attorneys for Parker/Heller have done their homework. The 2A was intended to protect a fundamental individual right to keep and bear arms, and I think they should take the case and that our side can win that argument.