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McKenna signs brief in support of Heller

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wqbang

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Way to go Washington Attorney General Rob McKenna!

http://gurapossessky.com/news/parker/documents/07-290bsacTexas.pdf

"The Thirty-One States' brief suggests that D.C.'s full-blown bans on constitutionally protected arms should receive strict scrutiny. 31 States Br. at 31-32. Rejecting the U.S. Solicitor General's call for a remand, the 31 States say that the D.C. Circuit's judgment should be affirmed in full. Id. at 36. In another passage of great interest, these States also expressly support the incorporation of the Second Amendment against the States. Id. at 23 n.6 ("the right to keep and bear arms is fundamental and so is properly subject to incorporation")."
 
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heresolong

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wqbang wrote:
thewise1 wrote:
Awesome! That would be fantastic if the 2nd amendment was incorporated.
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Not sure I understand what you mean.
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An incorporated amendment is applied to the states as well as the federal government. Orginally the bill of rights only applied to the federal government. It was only with the passage of the 14th Amendment that the Bill of Rights began to be viewed as applying to the states also, and it wasn't until 1947 that the Supreme Court began to accept that the Bill of Rights should apply to the states. So far the court has not ruled on whether the Second Amendment should apply equally to the states which is sort of the point behind this lawsuit.

It is also interesting to note that the Second Amendment is the only part of the bill of rights that refers to a right of the people which has not been incorporated. The others (3, 5, and 7) are all pretty specific to the federal government.
 
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wqbang

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heresolong wrote:
wqbang wrote:
thewise1 wrote:
Awesome! That would be fantastic if the 2nd amendment was incorporated.
Click to expand...

Not sure I understand what you mean.
Click to expand...
An incorporated amendment is applied to the states as well as the federal government. Orginally the bill of rights only applied to the federal government. It was only with the passage of the 14th Amendment that the Bill of Rights began to be viewed as applying to the states also, and it wasn't until 1947 that the Supreme Court began to accept that the Bill of Rights should apply to the states. So far the court has not ruled on whether the Second Amendment should apply equally to the states which is sort of the point behind this lawsuit.

It is also interesting to note that the Second Amendment is the only part of the bill of rights that refers to a right of the people which has not been incorporated. The others (3, 5, and 7) are all pretty specific to the federal government.
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Duh. When I read his post in the context of my post suddenly it is clear what his post meant. Electronic communication has its problems.
 
Ajetpilot

Ajetpilot

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From Wikipedia:



Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. Most of those portions of the Bill of Rights were incorporated by a series of United States Supreme Court decisions in the 1940s, 1950s, and 1960s.

Though the Bill of Rights was originally written to limit only the power of the federal government, the Supreme Court has ruled that most of its guarantees protect citizens against state governments. Some have suggested that the Privileges or Immunities Clause of the Fourteenth Amendment would be a more appropriate textual source of incorporation, but the Privileges or Immunities Clause has not been used to incorporate the Bill of Rights. This has meant that the Due Process Clause was the means by which incorporation occurred.
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And:



Amendment II

Right to bear arms

  • Has not been incorporated. According to the D.C. Circuit Court of Appeals in the case of Parker v. District of Columbia, "The Second Amendment is one of the few Bill of Rights provisions that has not yet been held to be incorporated through the Fourteenth Amendment." All Supreme Court jurisprudence on the Second Amendment predates Due Process incorporation doctrine except US v Miller 307 U.S. 174 (US 1939), which was a challenge to a federal law unrelated to incorporation. Incorporation of Second Amendment was rejected in Presser v. Illinois, 116 U.S. 252 (1886) and United States v. Cruikshank, 92 U.S. 542 (1875).
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thewise1

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All that said, our state constitution provides an even better protection than the US constitution when it comes to firearms, I think, but it would still be nice for those places that aren't so lucky.
 
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uncoolperson

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thewise1 wrote:
All that said, our state constitution provides an even better protection than the US constitution when it comes to firearms, I think, but it would still be nice for those places that aren't so lucky.
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on paper maybe
 
S

sv_libertarian

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This almost makes me happy again. Now if that blasted ammo registration bill will vanish... My local elected critters have not responded to my concerns, in fact they never do on any gun related bills. I only heard from them regarding the DUI roadblocks.
 
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uncoolperson

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sv_libertarian wrote:
This almost makes me happy again. Now if that blasted ammo registration bill will vanish... My local elected critters have not responded to my concerns, in fact they never do on any gun related bills. I only heard from them regarding the DUI roadblocks.
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better than my luck has been.... I'm not yet convinced mine even exist.
 
J

joeroket

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Everett, Washington, USA
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G27 wrote:
Speaking of McKenna, what ever happened to our AG opinion that was sent off a few months back?
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It is still in the works. It got held up because my rep that requested it did not follow up with mailing the original and the AG office was waiting for it to arrive because they don't work off of faxes. That has been taken care of and the AG attorney I spoke with said it would come more than likely come sometime in march because the legislature is in full swing so that slows McKenna up on most things a little.
 
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thewise1

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sv_libertarian wrote:
This almost makes me happy again. Now if that blasted ammo registration bill will vanish... My local elected critters have not responded to my concerns, in fact they never do on any gun related bills. I only heard from them regarding the DUI roadblocks.
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That's a damn shame :\

Mine don't always agree with me (they are all 3 democrats, fwiw) but they are very proactive about writing me directly and even calling in a couple of cases. We don't see eye to eye on everything but they at least make a concerted effort to listen and ask for alternate suggestions.
 
S

sv_libertarian

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Olympia, WA, ,
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thewise1 wrote:
sv_libertarian wrote:
This almost makes me happy again. Now if that blasted ammo registration bill will vanish... My local elected critters have not responded to my concerns, in fact they never do on any gun related bills. I only heard from them regarding the DUI roadblocks.
Click to expand...
That's a damn shame :

Mine don't always agree with me (they are all 3 democrats, fwiw) but they are very proactive about writing me directly and even calling in a couple of cases. We don't see eye to eye on everything but they at least make a concerted effort to listen and ask for alternate suggestions.
Click to expand...
I'm not a greener/hippy/fringe progressive activist/whatever. Kinda makes a person a non entity in politics around here. I'm going to dash off another round of letters repeating my request for a response.
 
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thewise1

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sv_libertarian wrote:
thewise1 wrote:
sv_libertarian wrote:
This almost makes me happy again. Now if that blasted ammo registration bill will vanish... My local elected critters have not responded to my concerns, in fact they never do on any gun related bills. I only heard from them regarding the DUI roadblocks.
Click to expand...
That's a damn shame :

Mine don't always agree with me (they are all 3 democrats, fwiw) but they are very proactive about writing me directly and even calling in a couple of cases. We don't see eye to eye on everything but they at least make a concerted effort to listen and ask for alternate suggestions.
Click to expand...
I'm not a greener/hippy/fringe progressive activist/whatever. Kinda makes a person a non entity in politics around here. I'm going to dash off another round of letters repeating my request for a response.
Click to expand...
Grow a beard and dreadlocks, and block a road - that'll show 'em
 
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