20 February 2010

But What About?

I've recently read a couple of blog posts objecting to the second amendment being just a restriction on the federal government to pass gun control.

I hate to say it, but; the 2nd is just a restriction on the federal government and has no power over the states to forbid them from passing infringements on the right to keep and bear arms.

Let's leave aside how the 14th amendment affects the Bill of Rights for a moment.

Let's talk about 2nd amendment type language in the state constitutions. Those most certainly have power of the state they are written for.

44 states seem to have such language. Dead SAF.org link

Florida, for example: Florida Constitution Article I, Section 8(a)

The right of the people to keep and bear arms in defense of themselves and of the lawful authority of the state shall not be infringed, except that the manner of bearing arms may be regulated by law.

Florida has very few restrictions on firearm ownership, and its CCW permits are obviously constitutional because of the last part of that phrase.

How many states with restrictive gun control have such language in their state constitutions?

Illinois has a KaBA clause; Illinois Constitution Article I, Section 22

Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

What's "police power"?

California doesn't have such a clause...

Even if the 14th amendment doesn't extend the 2nd's restrictions to the state governments, it seems that many are in violation of their own constitutions.

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