Re: IL St. Rifle Assoc lawsuit @9:15AM and no one mentioned
Posted: Mon Jun 30, 2008 11:24 pm
Thanks DParker for actually reading what I posted.
Yes. This along with the several references that the RKBA is a natural right and then the clear declaration:Charles L. Cotton wrote: ..., but Scalia clearly telegraphed how the incorporation issue would most likely be handled by the majority. Further, the repeated reference to the core right of "self-defense" as being intertwined with the Second Amendment is a further indication that the Second Amendment would be subject to the Fourteenth Amendment incorporation.
Chas.
Heller, Fn 23 wrote:23 With respect to Cruikshank’s continuing validity on incorporation,
a question not presented by this case, we note that Cruikshank also
said that the First Amendment did not apply against the States and did
not engage in the sort of Fourteenth Amendment inquiry required by
our later cases.
Majority Opinion DC v Heller, page 8:
... Just as the First Amendment protects modern forms of communications, ...and the Fourth Amendment applies to modern forms of search, ...the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
Individual (natural) right, just like the 1st and 4th Amendments provide, not based on military service, protecting the right to all bearable arms!
Nothing is ever guaranteed until the ink is dry but incorporation looks unavoidable.
Also supporting this is that 44 states have an explicit RKBA protection in their own constitutions, many reading either exactly or nearly the same as the 2nd Amendment. California does not but it has a statutory provision AND a constitutional provision deferring to the US Constitution as the supreme law of the California, making a total of 45 of 50 states, and making this one of the most explicit protection (more states than explicitly protect freedom of religion IIRC).
Chance are if there was any doubt about the meaning of those state constitutional provisions they are all likely to follow the Federal reading since they are contemporaneous or much later.