Here’s a little secret….
The Second Amendment is about a people in a citizen army owning weapons…
It actually has NOTHING to do with what states do,,,,
The Supreme ‘s back in the day, 2008 ?
Changed things up….
Does THAT mean State’s CAN regulate gun control?
The Supreme ‘s will be giving a decision on New York State’s restrictions that could effect ALL 50 states
“In the judicial Second Amendment, gun rights advocates haven’t found that much protection,” Winkler said. “Where they found protection was by getting state legislatures, in the name of the Second Amendment, to legislate for permissive gun laws.”
The debate around the Second Amendment (and why some say it might be overrated)
The Second Amendment of the U.S. Constitution reads in full:
“A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
The role of the Second Amendment, like many constitutional rights, is to put limits on what regulations the federal government can pass, and scholars and lawyers have debated its scope since it was ratified in 1791.
Before the U.S. Supreme Court’s landmark District of Columbia v. Heller decision in 2008, much of the debate revolved around the meaning of a “well-regulated militia.” The Heller decision struck down a handgun ban in Washington, D.C., and established the right for individuals to have a gun for certain private purposes including self-defense in the home. The court expanded private gun ownership protection two years later in McDonald v. City of Chicago, determining that state and local governments are also bound to the Second Amendment….
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“There’s a difference between the Second Amendment as interpreted and applied by courts and the Second Amendment as it’s invoked in political discussions. And for many gun rights advocates, the political version of the Second Amendment is quite a bit more gun protective than the Second Amendment as the Supreme Court and lower courts have applied it,” he said….
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There are a few laws many experts say bolster gun rights in ways the Second Amendment does not explicitly require.
In more than 40 states, preemption laws expressly limit cities from regulating guns — with some going so far as to impose punitive damages such as fines and lawsuits on officials who challenge the state’s rules. This means, even if a highly populated city had overwhelming support to pass a local ordinance regulating guns, a preemption law in the state would restrict local officials from taking any action….
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In New York state, a person is currently required to prove a special need for self-protection outside the home to receive a permit to carry a concealed firearm. A challenge to the constitutionality of a “may-issue” permit law, New York State Rifle & Pistol Association Inc. v. Corlett, will be heard by the Supreme Court this fall — the court’s first major case on guns in a decade, coming as the makeup of the court swings right due to three appointments from former President Donald Trump….
“There are about half a dozen states which have laws similar to New York’s, so if the court strikes it down, we can expect to see challenges to those states’ laws in short order,” Blocher said….
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Allison Anderman, senior counsel at the Giffords Law Center to Prevent Gun Violence, stressed that, in part because of the influence of state statutes, the Second Amendment should not be a barrier to gun regulation.
She also said that because the Second Amendment’s political definition is entrenched in the true, judicial one, the debate surrounding it gets muddied up and the passion is, perhaps, misplaced….