Replies

"Do you want to turn back the incorporation which has taken place, or just stop new incorporation?"

Both, but I don't think we'll ever get that toothpaste back into the tube.

"And how do you square non-incorporation of this particular right under section 1 of the 14th amendment with the finding that it's an individual right? Is it somehow different from the other rights?"

There are other individual rights that are not incorporated. The protection of your right to be heard by a Grand Jury in capital crimes does not apply to the states. The protection of your right to a trial by jury in civil cases does not apply to the states. The U.S. Supreme Court has never said that the third amendment applies to the states.

So, no, the second amendment is not "different".

For incorporation, the Court would have to find that some right was fundamental to the concept of life, liberty, or property -- due process would then demand that the states protect that right. It's totally up to five justices to make that determination. I don't know their criteria.

Both, but I don't think we'll ever get that toothpaste back into the tube.

I think getting toothpaste back in a tube would at least be possible. That cat got out of the bag, had kittens, and her kittens shredded the bag. She's not going back in.

There are other individual rights that are not incorporated.

OK, so I should have asked how the RKBA differs from others which are protected.

For incorporation, the Court would have to find that some right was fundamental to the concept of life, liberty, or property

The right to self defense, as well as the right to take up arms to turn back threats from invasion, insurrection, or domestic tyranny, see pretty fundamental to me.

I guess we're going to find out whether the Court sees it that way...

You know, you could put your fears to constructive use by buying up all the naughty kinds of guns and magazines that you can afford. If you're right about what is to come, they'll be worth a fortune when they're grandfathered in under the next ban, and worth even more if they're prohibited completely and you sell them on the black market. ;-)