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Old 02-04-2013, 08:06   #19
PhotoFeller
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Join Date: Nov 2010
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Quote:
Originally Posted by Bren View Post
No, the 2nd Amendment says you have a right, enforceable against the federal fgovernment only, to keep and bear arms. The supreme court said, recently, in McDonald, that the 14th Amendment means that the states are also not allowed to violate the 2nd Amendment. Nothing about the 2nd Amendment has ever said "this issue is reserved to the states."

The 10th amendment says "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," but under the current interpretation of either the commerce clause or the taxing power, the feds have authority to regulate guns, expresssly delegated by the constitution.
Bren- Please boil the Supreme Court's rulings on 2A down to the fundamental issue: Is it clear, in your judgement, that Congress can legislate bans against certain weapons and magazines?

Last edited by PhotoFeller; 02-04-2013 at 08:09..
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