Izzle wrote:After doing some reading today and consulting with a constitutional law professor at my university I realized that the 2nd Amendment to the US Constitution only applies to the Federal Government and not the states themselves. So my question is why do people often claim they have a right under the 2nd Amendment to keep and bear arms when referring to state and local laws? I do know that the Washington State Constitution does protect our right so would it a not ctually be correct to quote that and not the US Constitution?
Pretty much because of the 14th Amendment. The DPoL clause has pretty much been held to apply the BOR to the States.
ETA - obviously a short answer before dinner. The 14th Amendment has given us a mindset that the BOR apply to the states even though there are a few amendments that have not been applied, and a few cases that have actually said it does NOT apply to the States.
There are pending cases, including our own Nordyke case in the 9th Circuit, that may just do it if things get that far as that is a very specific part of the case and SCOTUS may have a harder time dodging the issue like they did in Heller.