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The Range
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2nd Amendment National Right?
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<blockquote data-quote="poopgiggle" data-source="post: 1036806" data-attributes="member: 6406"><p>Read up on incorporation doctrine regarding the 14th Amendment. The 2nd Amendment hasn't been incorporated against the states, so it doesn't bind state and local governments, only the Federal government. That's what the <em>McDonald</em> case they argued today was about, and based on the transcript and Internet law wonk analysis it's looking hopeful.</p><p></p><p></p><p></p><p>There are some national laws that prevent state and local governments from being total dicks. For example, Federal law says that it's legal to transport a firearm through an area in which it is illegal to possess provided that it's legal to possess at your source and destination, and that the firearm is unloaded and locked up. So, if you're driving from Tulsa to an IPSC 3-gun shoot in Michigan and you travel through Chicago, it's OK for you to have your pistol and "assault rifle" locked up in your trunk even though those are illegal within city limits.</p><p></p><p>I think the 10th Amendment in general is a good thing, so in principle I'm in favor of individual states and municipalities being able to decide things that aren't within the purview of the Federal government. However, I think that a baseline of 2nd Amendment rights should be established that states may not infringe, which is what will happen with <em>McDonald</em> hopefully.</p></blockquote><p></p>
[QUOTE="poopgiggle, post: 1036806, member: 6406"] Read up on incorporation doctrine regarding the 14th Amendment. The 2nd Amendment hasn't been incorporated against the states, so it doesn't bind state and local governments, only the Federal government. That's what the [i]McDonald[/i] case they argued today was about, and based on the transcript and Internet law wonk analysis it's looking hopeful. There are some national laws that prevent state and local governments from being total dicks. For example, Federal law says that it's legal to transport a firearm through an area in which it is illegal to possess provided that it's legal to possess at your source and destination, and that the firearm is unloaded and locked up. So, if you're driving from Tulsa to an IPSC 3-gun shoot in Michigan and you travel through Chicago, it's OK for you to have your pistol and "assault rifle" locked up in your trunk even though those are illegal within city limits. I think the 10th Amendment in general is a good thing, so in principle I'm in favor of individual states and municipalities being able to decide things that aren't within the purview of the Federal government. However, I think that a baseline of 2nd Amendment rights should be established that states may not infringe, which is what will happen with [i]McDonald[/i] hopefully. [/QUOTE]
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