codan84 t1_ircrovf wrote on October 7, 2022 at 1:26 AM

Reply to comment by codan84 in Federal judge halts key parts of New York's new gun law by preppythugg

Does the second amendment enumerate an individual right to keep and bear arms? If it does then I do not see how the original intent was to protect States. The right is conferred to the People, not the States. Nowhere else in the constitution would the phrase the People refer to States. Could you please explain how you arrive at the conclusion that it is about states rights?

Yes. There are limits to governmental powers at all levels. Just because a State claims interests does not mean they can make whatever laws they wish. They too have to follow the law.

I’m not a huge fan of the H and T myself but the opinion in Dobbs wasn’t arbitrary. It was quite detailed and well layer out and even if disagreeing with it arbitrarily hardly seems to fit.

So there is an individual right? Sure there is a balance in some way but that does not allow for anything. Could the state bring back stop and frisk only with check points and stoping and frisking everyone? The argument could be made that such laws would serve the interests of the state and infringing upon the 4th amendment rights is an acceptable cost. Would that be okay too as it would likely do more to prevent crime including shootings than overly restrictive concealed carry licensing laws would.

With free speech we don’t have much if any prior restraints. There is no license needed to preach of the corner or print political flyers. There is no loss of free speech rights after one has served a sentence for a felony or some misdemeanors.

I personally do not believe there should be any exceptions as an ideal at least. If speech or gun control is wanted then the answer is to amend the constitution. Allowing for more governmental power at any level than what is specifically enumerated is wrong in my view and is a greater danger in the long run then most other issues. What checks and balances are there on governmental powers if they can choose any and all they want? However I also know that’s not practical or probable as like with everything there are opposing interests and views and some compromise has to happen.

Rebelgecko t1_irdjkir wrote on October 7, 2022 at 5:57 AM

>Does the second amendment enumerate an individual right to keep and bear arms?

Yes

>The right is conferred to the People, not the States. Nowhere else in the constitution would the phrase the People refer to States. Could you please explain how you arrive at the conclusion that it is about states rights?

The first amendment's Freedom of Speech clause is also about the rights of the people, and it's similarly been incorporated against the states for like a hundred years.

Just like almost all of the rest of the Bill of Rights, the courts have determined that if the constitution protects individual from having a right infringed on by the federal government, it also protects indiviuals from having that right violated by they state they're in.