Theoretically if Incorporation happens what does that mean

[BCeagle 12]

What does it mean to us. Will the NRA come in and file any suits.

 

I imagine 1 gun a month is the 1st challenged and I dont know if its a layup. Heller gave us the right to bear arms but said a state can limit it.

 

What about ccw? Since the state is overly zealous about denying people the right is there a case there?

 

I am a lawyer and I dont know these answers. I just wanted to know if anyone thought anything would change?

[wsl 2]

Incorporation will mean one thing.... The excuse that the 2nd amendment applies to a militia aka the National Guard will finally be dismissed. I watched the OGAM discussions and it was shocking how many times that excuse kept coming up.

 

OGAM probably wouldn't be repealed, because its not impeding on the 2A. Its not preventing you from owning or purchasing, so the left can hold on to their restrictions without impunity. It can be challenged of course, it will all depend on the legislation. Worse fear is if a Federal Version takes effect.

 

CCW could very well be redone and changed. Since incorporation puts it as a right instead of a privilege, laws that don't allow the general public the same protections as others could face repeal. Not a guarantee to be changed though.

 

Its all positive on things that could change with incorporation, but there's always the opposite side of the spectrum. If the Supreme Court rules against Incorporation, than it gives all the states anti-gun groups all the ammunition they need to impose further restrictions and bans. What we see as a dream scenario, could very likely be a nightmare waiting to happen.

[BCeagle 12]

I would love to delay the Sotomayor hearing and get a vote on it before she takes a seat (pipe dream) but I dont think she will change the makeup of the court and we should wein at least 5-4. I honestly think its such an easy issue (from a legal standpoint) I cant believe this hasnt been done already and that anyone except an ultra lefty would vote against it.

[KpdPipes 388]

I would love to delay the Sotomayor hearing and get a vote on it before she takes a seat (pipe dream) but I dont think she will change the makeup of the court and we should wein at least 5-4. I honestly think its such an easy issue (from a legal standpoint) I cant believe this hasnt been done already and that anyone except an ultra lefty would vote against it.

 

SCOTUS has Avoided the issue altogether since Miller V US. Personally the only reason i think they entertained Heller, was because it WOULDNT incorporate, since DC is a unique situation. Eventually someone, Hopefully Alan Gura will force their hand, but it has to be done the right way.

[ianargent 7]

One gun a month probably goes as an "infringement". Right to keep doesn't mean a thing if you can't purchase. It'll take a lawsuit though. AWB ban, likewise because of strict scrutiny. Again, a lawsuit. Probably won't get rid of FOID, but will require them to be issued same-day via an instant NICS check. Likewise shall-issue CCW. Both will require lawsuits...

[BCeagle 12]

I would love to file lawsuits but I wouldnt want the risk of losing on my head when I know their are better qualified lawyers, esp on the "shall issue" and same day handgun permits. The permits and wait, esp for someone already with their FID are definitely an infringement.

[GoNRA 12]

what if we all got together for a class action lawsuit? I wouldn't even know how to go about doing that, but it's an idea.. lol

[NJChiroDoc 0]

I have seen this acouple of times on this site. Can someone please explain incorporation???? Sorry if this is a dumb question.

[GoNRA 12]

speaking of incorporation

 

http://www.nraila.org/News/Read/NewsRel ... x?ID=12654

[djg0770 481]

I have seen this acouple of times on this site. Can someone please explain incorporation???? Sorry if this is a dumb question.

 

Incorporation refers to the due process clause of the 14th amendment. On an extremely elementary and simplified level this means that the Bill of Rights applies to the states as well as the Federal Government and therefore a right granted by the constitution may not be infringed upon by state laws.

 

http://en.wikipedia.org/wiki/Incorporat ... _Rights%29

[Caine 147]

Thanks for the simplified explanation DJ - I've been trying to wrap my head around incorporation and that summed it up nicely for me