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The Range
Law & Order
Has any otherwise lawful Oklahoman ever been convicted of open carry since the SDA?
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<blockquote data-quote="Werewolf" data-source="post: 1754486" data-attributes="member: 239"><p>Exactly RIGHT!</p><p></p><p>The 2nd (except for the exception provided by the Heller decision) has not been fully incorporated. In other words it only applies at the national level and not the state level.</p><p></p><p>The original intent of the BOR by the founders was to prevent the national government from messing with our rights not the state governments (hard to believe but true). As time went on the supreme court decided that didn't really make a lot of sense and one by one thru case law most of the 10 amendments of the BOR have been "incorporated" which simply means that the states cannot infringe either regardless of what their own state constitution says.</p><p></p><p>A glaring exception to incorporation is the 2nd. It hasn't been incorporated with but one minor exception as recently decided by SCOTUS in the Heller case.</p><p></p><p>Until the 2nd is fully incorporated the states can do what ever they want re: firearms laws within the restrictions of the individual state's constitution.</p><p></p><p>A good example of that is a comparison between the constitutions of OK and VT. The part of the VT constitution that addresses weapons rights is similar to the 2nd amendment. Back in the early 1900's when they tried to regulate how a weapon could be carried the law got challenged and judged to be unconstitutional at the state level by VT's supreme court. Open carry without a license has been legal in VT since then. On the other hand OK's constitution re weapons carry though similar to the 2nd expressly grants the legislature the right to control how weapons are carried in the state thus in OK the legislature can set what ever rules and regulations it sees fit re: the carry of firearms. Totally in accordance with OK's constitution.</p><p></p><p>Until the 2nd amendment of the Bill of Rights is totally incorporarted just like the 1st, 4th, 5th, 6th, 7th and 8th are, the states can regulate firearms any way they choose as long as the regulation is in accordance with their own constitutions.</p></blockquote><p></p>
[QUOTE="Werewolf, post: 1754486, member: 239"] Exactly RIGHT! The 2nd (except for the exception provided by the Heller decision) has not been fully incorporated. In other words it only applies at the national level and not the state level. The original intent of the BOR by the founders was to prevent the national government from messing with our rights not the state governments (hard to believe but true). As time went on the supreme court decided that didn't really make a lot of sense and one by one thru case law most of the 10 amendments of the BOR have been "incorporated" which simply means that the states cannot infringe either regardless of what their own state constitution says. A glaring exception to incorporation is the 2nd. It hasn't been incorporated with but one minor exception as recently decided by SCOTUS in the Heller case. Until the 2nd is fully incorporated the states can do what ever they want re: firearms laws within the restrictions of the individual state's constitution. A good example of that is a comparison between the constitutions of OK and VT. The part of the VT constitution that addresses weapons rights is similar to the 2nd amendment. Back in the early 1900's when they tried to regulate how a weapon could be carried the law got challenged and judged to be unconstitutional at the state level by VT's supreme court. Open carry without a license has been legal in VT since then. On the other hand OK's constitution re weapons carry though similar to the 2nd expressly grants the legislature the right to control how weapons are carried in the state thus in OK the legislature can set what ever rules and regulations it sees fit re: the carry of firearms. Totally in accordance with OK's constitution. Until the 2nd amendment of the Bill of Rights is totally incorporarted just like the 1st, 4th, 5th, 6th, 7th and 8th are, the states can regulate firearms any way they choose as long as the regulation is in accordance with their own constitutions. [/QUOTE]
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