She’s right that states and municipalities have the right to impose their own gun laws, since 2a is federal in scope, though it would have been more accurate to say “doesn’t apply” rather than “doesn’t exist,” obviously.
Honestly my heart goes out to the defendant. He could easily have been a coworker of mine, and if my coworker told me about his fun hobby making guns without any FFL, smith license, registration or permitting, in this city of all places, I would have dropped everything to talk sense into him.
He sounds like any other gun nerd, but he straight up ignored gun law in a place with famously strict and well-enforced gun laws, and with serious gusto.
I’m kind of surprised he was able to make as many guns as he did before metro police came knocking. This is Brooklyn. You will almost never see plainclothes open carry in NYC, but manufacturing pushes the case into another bracket entirely.
She’s right that states and municipalities have the right to impose their own gun laws, since 2a is federal in scope, though it would have been more accurate to say “doesn’t apply” rather than “doesn’t exist,” obviously.
It does apply. A state can create gun laws but they can’t violate the 2nd amendment.
I’m no ConLaw expert, but AFAIK the doctrine remains that the Bill of Rights restricts primarily the federal government, save for 5A and 7A and using either clause to use 2A to override state gun control by all accounts remains a jurisprudential Faustian bargain no justices have yet been willing to make.
No, that isn’t how it works at all. That is a view before the Civil War and partially up till the 1960, but SCOTUS has made it clear. The rights are for everyone, state/federal. The states cannot violate your rights in the constitution.
One of the arguments in Miranda is that the state did not have to follow the 5th Amendment. As you can tell, that did not work as the state thought.
Hmm maybe my information is out of date or I just need to review. Which case incorporated 2A? Was it more recent than DC-Heller?