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SCOTUS Cert. Petition. Does the 2A secure a right to carry guns in most public places? E. Volokh

Joined
Nov 21, 2018
Messages
47
”The case is Rogers v. Grewal, which challenges New Jersey's restrictive firearms carry license policy. There's a split on the subject among lower courts; the details are a bit complicated, but the short version is that the First, Second, Third, and Fourth Circuits have upheld such restrictive policies, while the Seventh, Ninth, and D.C. Circuits, together with the Illinois Supreme Court have struck down some such policies. Several amicus briefs support the petition, including one signed by, among others, the California State Sheriffs' Association, which "represents each of the fifty-eight California sheriffs."
[ ... ]”
http://reason.com/volokh/2019/02/06/does-the-second-amendment-secure-a-right
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
12,955
Location
Fairborn, Ohio, USA
I have always wondered why courts did not “incorporate” the 2A upon the States long before the 14A was adopted.

The 1A, for example, explicitly enjoins the federal government only (“Congress shall make no law...”). Absent other language in the Constitution, Georgia (for example) was not prohibited from infringing on 1A Rights.

The 2A, however, reads “...shall not be infringed.” Since no subject was mentioned for the verb infringed, logic dictates that no governmental entity shall infringe. After all, if any such entity did infringe, then the Right shall have been infringed, in direct contravention of the 2A.
 
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