3 ms·
Completely false. Like much of the rest of Bill of Rights, the second amendment has been incorporated (see Chicago vs McDonald), and thus held to apply to the
by elliptic 14y ago
Completely false. Like much of the rest of Bill of Rights, the second amendment has been incorporated (see Chicago vs McDonald), and thus held to apply to the states.
It slightly irritates me when people say this, because usually those people have no problem accepting that other amendments that they hold to be more important (e.g, the 1st) apply to the states.
- nthj 14y ago> It slightly irritates me when people say this, because usually those people have no problem accepting that other amendments that they hold to be more important (e.g, the 1st) apply to the states. Heck, people try to apply the 1st amendment to private corporations & online forums set up by 14 year olds.
- strlen 14y agoExactly. A sensible position is: "Second amendment recognized an individual right, but I don't think New York's gun laws infringe on it any more than their copyright right laws infringe on first amendment rights." Of course, now you'll need a rational argument to back that position up. I personally think this will be a rather difficult case to argue, whereas most parts of a less restrictive assault weapon ban (like the one they had on books before) could probably withstand immediate scrutiny. Similarly, gun enthusiasts can't claim that all gun control is unconstitutional. The easy days of magical thinking (whether one side arguing "Second amendment does not protect an individual right!" or the other side arguing "Thomas Jefferson wrote ``Thou needeth an HK-416 with a magazine of thirty cartridges lest black helicopters invade thy farm''!") are done.