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The 2nd Amendment specifically refers to "the people", therefore the power to infringe on the right to keep and bear arms is "prohibited by it [the Constitution
by jeffdavis 7y ago
The 2nd Amendment specifically refers to "the people", therefore the power to infringe on the right to keep and bear arms is "prohibited by it [the Constitution] to the States", and therefore the right to keep and bear arms is reserved to the people.
- roywiggins 7y agoEven Antonin Scalia's opinion in Heller allowed that gun regulation was not entirely forbidden by the 2nd amendment. Exactly how much is allowed was left pretty unclear. But insofar as some is allowed, the ability of the States to do it is specified in the 10th.
- jeffdavis 7y ago...and to the extent that a law does violate the 2nd Amendment, it is forbidden for the states to enforce such a law (and the 10th Amendment doesn't change that). I don't see the relevance of the 10th Amendment to this particular discussion. EDIT: I see. The person to whom you replied seemed to be looking for the power somewhere, and you are just saying that the states powers are not enumerated (as the federal powers are).