John Schwenkler is against torture thought-experiments.
Reason explains the important recent court developments for gun rights. Bottom line: the Supreme Court may soon take up whether the 2nd amendment's individual right applies to state and local governments.
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1 hour ago
whether the second amendment applies to the states is actually not a hard issue. most everything in the bill of rights has already been held to apply to the states via the incorporation doctrine. see: http://en.wikipedia.org/wiki/Incorporation_(Bill_of_Rights)
ReplyDeletepersonally, i don't view it as too momentous a question and the effects of such a decision wouldn't be too dramatic
But there are cases where circuit courts ruled that the 2nd doesn't apply to state & local. They've been split on this.
ReplyDeleteFTA: "Ninth Circuit Judge Ronald Gould nicely laid out the ambiguity facing the courts in his Nordyke concurrence: “The problem for our courts will be to define, in the context of particular regulation by the states and municipalities, what is reasonable and permissible and what is unreasonable and offensive to the Second Amendment.” That’s a vague mandate, and different courts will make different decisions under different circumstances. But after Heller and Nordyke, even if they lack a magic bullet to shoot down unnecessarily restrictive gun laws, courts have the proper core principles laid out. That’s far more than the gun rights community could have said even a year ago."
So now there will be more consistency in favor of rights...this seem reasonably dramatic to me.