http://online.wsj.com/article/SB121642051369066401.html?mod=opinion_main_commentaries
This is a good read, especially given our own Governors viewpoint and H.3991, H.4971. However, it's going to take a lawsuit to determine the outcome despite the fact that the SJC in 1976 determined that the Massachusetts Constitution only protected a "collective right" instead of an "individual right".
"One key unresolved question in D.C. v. Heller is whether it limits the states as well as the federal government. The Bill of Rights originally restrained only Congress, but under the "incorporation" doctrine, the Supreme Court has held that the 14th Amendment protects most constitutional rights against state encroachment. Because the capital is a federal district, its local government is a creation of the U.S. Congress. Heller gave no reason to think incorporation doesn't apply, but further litigation will be necessary to settle the question."
This is a good read, especially given our own Governors viewpoint and H.3991, H.4971. However, it's going to take a lawsuit to determine the outcome despite the fact that the SJC in 1976 determined that the Massachusetts Constitution only protected a "collective right" instead of an "individual right".
"One key unresolved question in D.C. v. Heller is whether it limits the states as well as the federal government. The Bill of Rights originally restrained only Congress, but under the "incorporation" doctrine, the Supreme Court has held that the 14th Amendment protects most constitutional rights against state encroachment. Because the capital is a federal district, its local government is a creation of the U.S. Congress. Heller gave no reason to think incorporation doesn't apply, but further litigation will be necessary to settle the question."
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