@wandeljw,
wandeljw wrote:Great discussion! I appreciate the points made by all. I am no second amendment expert.
What struck me about this case is that the Heller decision dealt with D.C. (a federal jurisdiction).
The McDonald case would require incorporation through the 14th amendment as joefromchicago
and Setanta point out.
Not necessarily; by one means, the right to keep and bear arms (KABA) can curtail the power of the States
independently of the 14th Amendment, to wit:
Article 4 Section 2 of the Constitution of 1787 sets forth that:
"The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States."
The USSC has the option of defining the fundamental right,
the natural and pre-existing right to KABA in self defense,
as being
an immunity of the citizens of the United States.
By using that approach, overruling
SLAUGHTERHOUSE or overruling
BARRON v. BALTIMORE are obviated, as is the necessity
of employing the vague n hazy "due process" clause of the
14th Amendment or its "Privileges or Immunities" clause.
Note that I believe that both
BARRON and
SLAUGHTERHOUSE were very, very poorly decided
and I 'd dump them if it were my choice, but the USSC is disinclined to do so.