Being so new to this board, I am still learning the ropes so to speak. Tonight I read an article in the Va. section of the board which details the arrest of an individual for openly carrying his firearm at harborfest. The case against him was thrown out after it was realized that local communities violated a Va. state law which prohibits local communities from regulating firearms. The man sued in federal court claiming I believe violations of his 2nd and 4th Amendment rights.
U.S. District Judge Henry Coke Morgan Jr. ruled Thursday that Szymecki cannot sue claiming constitutional violations under state or local law. Morgan ruled earlier this year that the city did not violate the Second Amendment for the same reason.
"It is well settled law in this circuit that the Second Amendment does not apply to the states," Morgan wrote in dismissing Szymecki's constitutional claims. "Because the Second Amendment does not apply to the states, neither a state law nor a local ordinance can run afoul of any right guaranteed by the Second Amendment."
The link to the story in its entirety is here http://opencarry.mywowbb.com/forum54/16111.html
I asked the question there--and I ask it here.
If the 2nd Amendment does not apply to the states--then how can the 4th, 5th, 6th and 8th Amendments apply to any citizen? We are, according to the 14th Amendment citizens both of the United States AND of the states wherein we reside. Am I missing something? Opinions?