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chip3757
01-25-2010, 11:37 AM
I was searching for something similar to this, but was unsuccessful. I wanted something quick to catch my friends and family up on the importance of this decision. So here is my best attempt. Let me know if this was done already, and if it is correct. Thanks,

Since this supreme court decision is fast approaching (March 2, 2010) I wanted to take a minute to share it's importance to all of us in California.

The first thing that needs to be understood is that the 2nd amendment does not apply to us in California (until recently I did not understand this importance). Our national bill of rights are not enforceable against the states until they are individually incorporated under the Due Process Clause of the Fourteenth Amendment.

The most important supreme court case of my lifetime - District of Columbia v. Heller, 554 U.S. (2008) is a landmark legal case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for private use. This defined that the 2nd amendment applies to individuals and does not allow anti-gun supporters (or state legislators) to muddy the water with militia nonsense.

Since this definition of our 2nd amendment applies to DC it does not affect our rights in California until it is incorporated and enforceable against the states. Here is where McDonald vs Chicago comes in. McDonald v. Chicago - The petitioners are seeking to overturn a handgun ban, and other aspects of gun registration regulations affecting rifles and shotguns, in Chicago, Illinois as unconstitutional (based on the Heller Decision).

We shall see very soon if this case will go our way. Once the 2nd amendment is incorporated in California it will allow us to file suit against the majority of all of our illegal and unconstitutional anti-gun laws, stay tuned.....

wildhawker
01-25-2010, 11:46 AM
You might wish to touch on P or I incorporation (which is what McDonald is really about, right?) and Slaughter-House, and how those cases impacted constitutional jurisprudence in subsequent matters before the Court.

ke6guj
01-25-2010, 12:43 PM
Since this supreme court decision is fast approaching (March 2, 2010) I wanted to take a minute to share it's importance to all of us in California.
just to clarify, oral arguements are on March 2, but the decision probably won't be handed down until June.