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To: uncbob
IMO, yes. The 14th Amend makes all the Bill of Rights applicable to all the states. Its just a matter then of how expansive your view of the BORs are. The more freedom the better in my view. So his opinion about machine guns is a very good sign, at least as it pertains to the Feds. It would be even better if he felt that it applies to the states as well. I must admit Im even a little hesitant to say they (states) can't regulate machine guns, but I think I could be easily convinced that thats the correct interpretation.
12 posted on 10/31/2005 9:27:09 AM PST by OmegaMan
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To: OmegaMan
I'm under no such apprehension or hesitation. "Shall not be infringed". It's a blanket, broad, statement. Exactly as the States demanded it be during the ratification process. Hell, they even argued about placement of comma's.

This country was set up to protect individual Rights and to promote an atmosphere of liberty, responsibility, and freedom.

It applies to the States. Counties. Cities. Municipalities. Even "home rule" cities. If you are part of this Union, then you are subject to the Art 6 para 2 clause. No other "incorperation" or selective enforcement is necessary.

16 posted on 10/31/2005 9:32:11 AM PST by Dead Corpse (Anyone who needs to be persuaded to be free, doesn't deserve to be. -El Neil)
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To: OmegaMan

From my understanding that is partially correct, the second amendment has never been "incorporated" via a supreme court ruling on the 14th amendment / due process clause as the others have. While logically it WOULD be, it has not yet been so I would imagine that leaves the states free to regulate arms however they see fit, and many state constitutions do not even mention the right to keep and bear arms (fun game: guess which ones)

That is my understanding of the situation at least, if a forum lawyer is out there to correct me, please do.


17 posted on 10/31/2005 9:34:17 AM PST by Join Or Die
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To: OmegaMan
The 14th Amend makes all the Bill of Rights applicable to all the states.

Nope. See my post 24 on this thread. The first time the 14th amendment was used that way was when the left-wing activists in the second half of the 20th century created the fiction that the 14th amendment 'incorporated' selected parts of the bill of rights into the 14th amendment. Thus, the left reasoned, the US Supreme Court could control the states.

The 14th amendment itself applies quite obviously only to slaves and their descendants.

25 posted on 10/31/2005 9:57:11 AM PST by ModelBreaker
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To: OmegaMan
I must admit Im even a little hesitant to say they (states) can't regulate machine guns, but I think I could be easily convinced that thats the correct interpretation.

Even laying aside the 2nd and 14th amendments, many states Constitutions have similar RKBA provisions. At most they allow regulation of the wearing or concealing of arms, not of mere possession. The states with such RKBA provisions which also regulate or ban machine guns on the state level, are as guilty of violating their constitutions as the federal government is of violating its own. Only 6 states, (CA, IA, MD, MN, NJ, NY have no RKBA provision at all. A quick check of the others' provisions revealed no power to ban possession of arms, only allowances to regulate bearing and to define lawful uses of arms.

52 posted on 10/31/2005 10:58:22 AM PST by El Gato
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