• Septimaeus@infosec.pub
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      10 months ago

      I’m no ConLaw expert, but AFAIK the doctrine remains that the Bill of Rights restricts primarily the federal government, save for 5A and 7A and using either clause to use 2A to override state gun control by all accounts remains a jurisprudential Faustian bargain no justices have yet been willing to make.

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          10 months ago

          Hmm maybe my information is out of date or I just need to review. Which case incorporated 2A? Was it more recent than DC-Heller?

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              10 months ago

              Just so I’m on the same page, we’re still talking about the first 10 (not 13-15, 19, etc.) and the question is whether 2A renders state gun control unconstitutional?

              Edit: Also assuming the latter is true, are we then to read 2a as a guarantee to possession of these weapons to citizens carte blanche?

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                  10 months ago

                  Then we need to overhaul the court systems and multiply their bureaucratic size and process to satisfy the grand jury requirement of 5A and the civil jury trial right of 7A.

                  And assuming 2a renders state gun control unconstitutional, I presume then we read 2A as a carte blanche guarantee to possession of these weapons to citizens.

                  This is what we propose, yes?