Heller: Uh, We Can't Take 'Em to Court?? C&P
From CrimProfBlog via Reason:
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The Second Amendment guarantee of the right to bear arms does not apply to override state firearms bans, the U.S. Court of Appeals for the Second Circuit declared Jan. 28. Under the incorporation doctrine, only certain provisions of the Bill of Rights apply to the states, and the Second Amendment is one of those that does not, the Second Circuit held (Maloney v. Cuomo, 2d Cir., No. 07-0581-cv, 1/28/09)...
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Read it all, including the opinion here.
Remember that while the Second Circuit, which covers New York, Vermont, and Connecticut, is but a single Circuit and in theory can be overruled by SCOTUS, it is nonetheless a highly-influential Federal bench. Accordingly, its decision in Maloney will be persuasive and will be cited by other District and Circuit Courts in ruling against the Second Amendment.
Once the idea that the Second Amendment is not binding against state and local government becomes the law of the land via the adoption of Maloney by other Circuits and SCOTUS' refusal to look at the issue, "multijurisdictional task forces" will have a green light to bring down the hammer of "gun terrorists".
The fuse is lit.
Alea iacta est.
Of my own words, I will ask: How the !@#$ is it that only portions of the BOR apply to states?? WTH!!! I thought the constitution was applied in it's entirety, not just this part and that part!!![:(!][:(!]
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The Second Amendment guarantee of the right to bear arms does not apply to override state firearms bans, the U.S. Court of Appeals for the Second Circuit declared Jan. 28. Under the incorporation doctrine, only certain provisions of the Bill of Rights apply to the states, and the Second Amendment is one of those that does not, the Second Circuit held (Maloney v. Cuomo, 2d Cir., No. 07-0581-cv, 1/28/09)...
***
Read it all, including the opinion here.
Remember that while the Second Circuit, which covers New York, Vermont, and Connecticut, is but a single Circuit and in theory can be overruled by SCOTUS, it is nonetheless a highly-influential Federal bench. Accordingly, its decision in Maloney will be persuasive and will be cited by other District and Circuit Courts in ruling against the Second Amendment.
Once the idea that the Second Amendment is not binding against state and local government becomes the law of the land via the adoption of Maloney by other Circuits and SCOTUS' refusal to look at the issue, "multijurisdictional task forces" will have a green light to bring down the hammer of "gun terrorists".
The fuse is lit.
Alea iacta est.
Of my own words, I will ask: How the !@#$ is it that only portions of the BOR apply to states?? WTH!!! I thought the constitution was applied in it's entirety, not just this part and that part!!![:(!][:(!]
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There appears to be a growing movement, Scott, to apply original intent selectively, depending upon one's political persuasion.
Activist Judges appear to apply the 'Congress shall make no Law..' qualifier of the 1st amendment to the 2nd. They fail (curiously) to apply this standard to the 1st Amendment, witness the confirmation of most of McCain / Feingold.
It should be clear that Congress is limited by the 1st Amendment and that people are protected by the second, but in the current world of parsing everything we see, hear, and read, what is actually written is ignored.
In this case, the 2nd Circuit is simply applying Heller as written. States and Municipalities were extended the power to license, register and regulate, and that appears to be what is being upheld.
If this makes it to SCROTUS, victory will only be found in a decision that overturns most of the wording of what has been hailed by many to be the greatest decision ever in the history of our 2nd Amendment Rights.0
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