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press1280
01-15-2011, 4:17 PM
I was thinking about this the other day. Heller said,"Constitutional rights are enshrined with
the scope they were understood to have when the people
adopted them," which would mean(I think) that we'd have 2A as understood in 1789-basically no laws except some prohibited persons. But then, in McDonald oral arguments at the 7th Circuit, Gura said 1868(14th Amendment ratification) was the proper time(in context of the 2A applying to the states). This would allow for concealed weapons prohibitions, since that was quite common at that time.
But, McDonald made clear that there would not be a different version of the 2A for the states versus federal government.
What is the proper time period? 1789, 1868, or modern times?

Veggie
01-15-2011, 4:21 PM
Dawn of man.

Carnivore
01-15-2011, 4:39 PM
You have to remember that the 2A amendment was to be the minute the Constitution was signed. The problem is not 2 seconds later there was some one that wasn't happy with it and wanted it changed. Personally I believe it started on the road south after the civil war. When the army confiscated the arms of the Confederacy they (in my opinion) violated those individuals 2A rights. From that moment on you started to see city's ban hand guns in town etc... Now I am obviously no Rhodes scholar but that is how I personal see it, "going wrong" from that point in US history.

kf6tac
01-15-2011, 6:40 PM
I was thinking about this the other day. Heller said,"Constitutional rights are enshrined with
the scope they were understood to have when the people
adopted them," which would mean(I think) that we'd have 2A as understood in 1789-basically no laws except some prohibited persons. But then, in McDonald oral arguments at the 7th Circuit, Gura said 1868(14th Amendment ratification) was the proper time(in context of the 2A applying to the states). This would allow for concealed weapons prohibitions, since that was quite common at that time.
But, McDonald made clear that there would not be a different version of the 2A for the states versus federal government.
What is the proper time period? 1789, 1868, or modern times?

My take: 1868 is the proper time period for understanding whether the Privileges or Immunities Clause was meant to effect incorporation of the Bill of Rights against the states -- which was at issue in McDonald. 1789 is the proper time period for understanding the Second Amendment.

hoffmang
01-15-2011, 8:17 PM
The right as it applies to the states is probably best interpreted as it was popularly understood in 1868. However, what was incorporated in 1868 is also informed by what popular understanding was in 1789.

-Gene