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But the 2nd Amendment doesn't mention "threats to your person", or any language similar. It says "A well regulated Militia, being necessary to the security of a free State,...". Plus, the "free State" would -in this case- be New York, who clearly doesn't want that militia. Or doesn't consider a militia to be a priority. And/or has the national guard already (a well-regulated militia!).

In any event, I don't see how there is a case. The feds didn't do it, the State did. Implicit in that amendment is the power of a (or the) State.


That's not correct. Because technically, we're not actually talking about the 2nd Amendment in this case, but the 14th Amendment.

The Bill of Rights originally only applied to the federal government. Arguably it still does. For example, under the First Amendment, a state still had 100% authority to ban any speech it wanted to, prohibit any religion it wanted to, to promote any religion it wanted to, etc. The Bill of Rights only limited the power of the federal government - a citizen's rights vis-a-vis its state government would be determined by the state constitution. Unlike almost every other country on earth, our national government was created by the state governments - and so the real concern was the federal government reaching past the state governments, rather than dealing with the citizens' relationship with their state governments.

That was changed by the Reconstruction Amendments. For the first time, the national Constitution had something to say about the rights of citizens as against the state governments, rather than just limiting what the federal government could do. Now, States were no longer permitted to deprive their citizens of life, liberty, or property without due process of law. Over time, SCOTUS began to define what "liberty" meant by reference to the liberties protected in the initial Bill of Rights. So they held, for example, that the 14th Amendment barred States from infringing on your free speech rights to the same degree that the 1st Amendment barred Congress from doing it. That legal doctrine is called incorporation.

What that means is that a lot of things that the Bill of Rights initially allowed States to do (like establish their own state religions) are now no longer permitted. So while New York State originally could have prohibited its citizens from owning firearms (because the Second Amendment was meant to protect only against federal intrusions into that right), now under the 14th Amendment whatever rights the citizens had against the federal government they also have against the state government. So if the federal government couldn't disarm the citizenry of pre-Reconstruction New York State, then the state government can't do it now.

Albaby
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