by Tanada » Thu 16 Jul 2009, 23:00:00
$this->bbcode_second_pass_quote('3aidlillahi', 'I')'m not a lawyer, but I thought that was the general opinion. The US Constitution refers to restrictions and abilities of the Federal Government. Not States, unless otherwise noted (such as the 14th Amendment). In addition to Sonia's 2nd Circuit, the Seventh Circuit, which is filled mostly with Reagan and Bush (both) appointees, recently argued that same point - that states and local governments aren't restricted in the 2nd Amendment.
Reading the text itself, it can swing either way. For me, it would just depend on what "a free State" means. Is state a US state in that sense or does it refer to a nation? Both of which are accepted definitions.
Not so, section 1 of the 14th Amendment reads $this->bbcode_second_pass_quote('14th Amendment', 'S')ection 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.
also known as The Equal Protection clause.
The Second Amendment clearly refers to the right of the People to keep and bare Arms, under the 14th Amendment no state "shall abridge the privileges or immunities of Citizens of the United States", therefore no State can restrict your individual Citizen right to keep and Bare arms under the 2nd Amendment of the Constitution unless you have been duly convicted of a crime. However this does not end the debate because jurisdictions smaller than States, that is municipalities and counties, frequently do pass and enforce restrictions.