Democrats Defeat Concealed Weapons Amendment

[hammAR]

I thought that the 2nd amendment has been incorporated against the states within the jurisdiction of the Ninth Circuit Court of Appeals.......

of course the Second Circuit Court took an opposing view.....

[nyffman]

Right, since IANAL, it's just internet talk, but if one branch of the appeals court can rule that the 2nd doesn't apply to Chicago, it probably still isn't incorporated. I don't understand why not, but I'll just add it to the list of things I don't understand. Like, justaguy and strad.

[Pat]

Here's the text of paragraph one of the 14th Amendment:

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

So WTF? Doesn't federal law always super cede state law or municipal statute? What's all of this "incorporate" BS?

[nyffman]

Like I said, IANAL! I think you're right about the 14th. Did I say IANAL? There's been lots of talk about Heller and the recent appeals court case finding that it's ok for Chicago to abridge our rights, but what do I know, after all, IANAL.

[DeanC]

So WTF? Doesn't federal law always super cede state law or municipal statute? What's all of this "incorporate" BS?

No -

Amendment 10 - Powers of the States and People. Ratified 12/15/1791. Note

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

[Pat]

14 comes after 10...

[Tabsr]

The Mn voters spoke again with our two Senators being elected.

[ComradeBurg]

I thought that the 2nd amendment has been incorporated against the states within the jurisdiction of the Ninth Circuit Court of Appeals.......

of course the Second Circuit Court took an opposing view.....

And on that note the ninth circuit is going to review that particular incorporation so it may not be there too terribly long.

[David]

Was it really that close, though? They always poll everyone and know how each intends to vote beforehand. The job of the leaders in the Senate is make sure bills pass or fail, while still giving those who need it the ability to say they voted in the opposition, like those in pro-gun rights states. If they didn't think they had the votes, some of those Democrats who voted for the bill probably would have voted against it.