2A and incorporation

[notalib]

I have been reading for the last few months how the NRA is sueing cities and municipalities (Chicago is most recent) over their strict gun control laws and actually winning quite a few..

I was reading on this site this morning about 2a not being incorporated. Thus the amendment applied to the feds, but not necessarily to the states.

If it is not incorporated, how could the NRA have been successful?

Dont bust me on this if it is obvious to you folks.. its an honest question from my side

 

[n1oty]

One of the possible ways.................

............is that some states have strong pro-gun language in their state Constitution.

I have been reading for the last few months how the NRA is sueing cities and municipalities (Chicago is most recent) over their strict gun control laws and actually winning quite a few..

I was reading on this site this morning about 2a not being incorporated. Thus the amendment applied to the feds, but not necessarily to the states.

If it is not incorporated, how could the NRA have been successful?

Dont bust me on this if it is obvious to you folks.. its an honest question from my side

 

[kevin9]

I have been reading for the last few months how the NRA is sueing cities and municipalities (Chicago is most recent) over their strict gun control laws and actually winning quite a few..

I was reading on this site this morning about 2a not being incorporated. Thus the amendment applied to the feds, but not necessarily to the states.

If it is not incorporated, how could the NRA have been successful?

Mostly what they have done is scare such cities and towns into changing their regulations. I don't think there are many, if any, that have actually gone to court, yet. It's a tactic the looney-left has used often and I'm glad to see that knife cutting both ways. UPDATE: Looks like at least one of the cases has.

What is getting interesting is that several other legal cases invoking Heller are working their way through the appeals process and the appeals courts are so far split on the issue of 2A incorporation. IMNSHO this will end up back in front of the SCOTUS, hopefully before very long, and more hopefully with a favorable outcome.

Dont bust me on this if it is obvious to you folks.. its an honest question from my side

No busting needed. It's a good question.

 

[M1911]

I have been reading for the last few months how the NRA is sueing cities and municipalities (Chicago is most recent) over their strict gun control laws and actually winning quite a few..

I was reading on this site this morning about 2a not being incorporated. Thus the amendment applied to the feds, but not necessarily to the states.

If it is not incorporated, how could the NRA have been successful?

The entire purpose of this lawsuit is to settle the issue of incorporation.

 

[notalib]

I got it..

This came from an NRA-ILA Newsletter..

NRA Appeals Seventh Circuit Ruling to the U.S. Supreme Court
Fairfax, Va. - Today, the National Rifle Association filed a petition for certiorari to the U.S. Supreme Court in the case of NRA v. Chicago. The NRA strongly disagrees with yesterday's decision issued by a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, holding that the Second Amendment does not apply to state and local governments.
"The Seventh Circuit got it wrong. As the Supreme Court said in last year's landmark Heller decision, the Second Amendment is an individual right that 'belongs to all Americans'. Therefore, we are taking our case to the highest court in the land," said Chris W. Cox, NRA chief lobbyist. "The Seventh Circuit claimed it was bound by precedent from previous decisions. However, it should have followed the lead of the recent Ninth Circuit Court of Appeals decision in Nordyke v. Alameda County, which found that those cases don't prevent the Second Amendment from applying to the states through the due process clause of the Fourteenth Amendment."
This Seventh Circuit opinion upholds current bans on the possession of handguns in Chicago and Oak Park, Illinois.
"It is wrong that the residents of Chicago and Oak Park continue to have their Second Amendment rights denied," Cox concluded. "It's time for the fundamental right of self-defense to be respected by every jurisdiction throughout our country."




So. Heller looks like it implies incorporation under the 14A. The Ninth Circuit court seems to agree and the seventh does not agree.. so it is back to SCOTUS..