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To: Reaganwuzthebest
Doesn't this case in your opinion provide the Court with an opportunity to invoke incorporation finally since DC is arguing that the 2nd Amendment, if it is in fact an individual right only applies to preventing federal government intrusion?

Incorporation is another problem that must be addressed by the court if the 2nd Amendment is to truly protect the RKBA. If I understand the incorporation doctrine correctly, unless and until the 2nd Amendment is incorporated into the 14th it only protects the RKBA from federal infringement even if the 2nd is ruled to protect an individual right. The problem there is that the most egregious infringements on the RKBA are usually the work of local and state governments, and unless the 2nd is incorporated it will not affect that situation.

293 posted on 11/22/2007 5:25:30 AM PST by epow
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To: epow
Incorporation is another problem that must be addressed by the court if the 2nd Amendment is to truly protect the RKBA.

Yup I agree and this is an excellent opportunity for the USSC to invoke incorporation as DC has provided them with an opening to do so. Unless and until there is incorporation it'll leave the states with an excuse to pass laws that border on the unconstitutional if they choose to. Even if it is not invoked though the precedent of affirming the RKBA by the USSC will still have a tremendous ripple effect in that states will most likely think twice about making attempts at passing the type of sweeping laws that DC now has.

298 posted on 11/22/2007 6:10:18 AM PST by Reaganwuzthebest
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