To: thinkthenpost
See post 47 about if the Bill of Rights should apply to states by default.
147 posted on
12/05/2006 9:15:58 AM PST by
looscnnn
("Olestra (Olean) applications causes memory leaks" PC Confusious)
To: looscnnn; PeterFinn
My understanding and I am not by any means a legal or Constitutional scholar was that from ratification through the end of the Civil War the BoR was not binding on the States, and even now if the USSC has not forced, (I think they refer to it as incorporation) the states to abide by an amendment then it is still not binding. This is why the states have to abide by the 4th Amendment, but since the 2nd has never been incorporated, the States can make laws abridging your rights concerning firearms. I, by the way believe concealed carry laws abridge my rights concerning firearms and is a reason I don't plan to go through the motions to get a CCW or course than also means if I choose to carry I would be doing so illegally.
Sorry for the tangent, basically I think is any of the BoR is binding on the states it all should be, but the fact of the matter is that is not how things currently are.
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