Posted on 02/19/2014 11:33:26 AM PST by Impala64ssa
Given that the delegates to the Constitutional Convention had decided to not make the Bill of Rights applicable to the states, yes, the states originally did have broad powers to set gun policy.
However ...
Note that John Bingham, the main author of Section 1 of the 14th Amendment, had included the 2nd Amendment when he read the Bill of Rights to the HoR as the main example of constitutional privileges and immunities which the states obligated themselves to respect when they ratified the 14th Amendment. Note the 2nd Amendment roughly in the middle of the middle column of the page in the congressional record which shows this discussion at the following link.
Appendix To The Congressional Globe
So the institutionally indoctrinated staff member at the Star-Ledger who wrote the article is wrong about the states still having broad powers to set gun policy.
The Nation’s Toilet responds to what is probably the freest state in the union. The Star Ledger needs to tend to all the corruption in New Jersey, like the fact that the Black Mayor of Trenton (The Bottom of The Nation’s Toilet), Tony Mack, refuses to leave his post despite being found guilty of Federal Corruption charges.
Dragging out the same old tired and disproved arguments that people with guns are just itching to pull them out and blast away over practically anything. But maybe the people from NJ would be such creeps if they did have to worry.
My interpretation of the 10th is that states have final word on things not covered in the constitution which the Second is. Could states ban free speech?
I can-almost-understand a fender bender in rush hour traffic on a steaming August day holding the possibility of a beatdown-I was once the hitee in such a mishap, and I did dearly want to deck the idiot who was talking on his phone when he hit me, but I digress-
Just let me say that anyone who gets their thong in such a twist over predictable annoyances-music, parking, careless drivers, or whatever-should not even be packing that can of hairspray...
In practice, it's a total fustercluck.
I don't disagree. But what people should do and what they actually do is often not the same.
What piqued my curiosity is the headline. Since when did the liberal rag called the Newark Star Ledger become the spokesperson for New Jersey? Can you say hubris?
And that is just human nature-there is no way to second guess it-but a few lessons in basic manners from parents to kids might cut down on the carnage later down the road.
But free speech is not an absolute right. Witness the "yelling fire in a crowded theater" and various "fighting word" restrictions.
Second Amendment rights are not absolute either. Some states restrict gun ownership by felons. Others do not. Some states deny concealed carry holders the right to take their weapon into jails or courtrooms. Others do not. Those kind of restrictions have not been found unconstitutional and I think those kinds of things should be a matter for the state to decide. The Supreme Court seemes to agree since in the Heller decision they basically said that state and local restrictions were not in and of themselves unconstitutional, just outright bans on gun ownership. So what New Jersey does in New Jersey's business. What Wyoming does is their own business as well.
I just read that MagPul, the ammunition magazine manufacturer is leaving Colorado and relocating in Wyoming.
I wish all firearms manufacturers would leave states that do not fully support the Second Amendment.
Had buddy wait over eighteen months to get one. That only happened when he went over the chief’s head.
I see it has gotten worse!
FUNJ!!
Sincerely,
One of your residents
The Second Amendment and Yelling Fire in a Crowded Theatre
I thought that straw man had been put to bed on FR.
But isn't the question here whether or not the 2nd includes bearing arms outside the house. If this is a right per the 2nd then States can't say that right in itself is banned. We all have a stake in the outcome of this ruling so telling everyone else to butt out doesn't wash.
Let's try this revision: States "have broad powers to set marriage policy, and in ours, a strong majority does not support gay marriage and the state does not recognize same sex marriages from other states".
Want to bet on whether a court will overturn that law?
They don't want their governor shutting bridges down either...but what the hell!!
Second amendment rights are absolutely...absolute...it's squishy ass politicians willing to support the constitution that isn't absolute!!!
It is actually pretty easy to get a License to Carry Firearms in Philly as long as you've kept your nose clean and paid your parking tickets. 32 years with PA licenses, 6 of them Philly. Surprisingly, according to that NJ punk, no competitive parkers have been harmed. Never had to draw from a holster or a pocket and the weapons never drew themselves. Hate going to Jersey. I feel naked.
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