Why can't states pass gun laws ?

[Vastator]

Government drug dealers asking customers about gun ownership... Interesting times folks.

 

[Sun Devil 92]

The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

Because it would breach your second amendment rights.

The Bill of rights only protects us from the federal government.

The 2nd is in the bill of rights..

The Bill of Rights only protects us from the Federal Government.

What insight is am to gain from your comment.

LOL right?
States can constitutionally rid us of due process, religion, speech, unlawful seizures.. basically, they can do whatever they want and everyone else just has to sit back and watch

I am not an expert, but I do know that it isn't that cut and dried:

Patterson vs. Colorado:

Patterson v. Colorado is the first free press case. The Supreme Court determines it does not have jurisdiction to review the “contempt” conviction of U.S. senator and Denver newspaper publisher Thomas Patterson for articles and a cartoon that criticized the state supreme court. The Court writes that “what constitutes contempt, as well as the time during which it may be committed, is a matter of local law.” Leaving undecided the question of whether First Amendment guarantees are applicable to the states via the 14th Amendment, the Court holds that the free speech and press guarantees only guard against prior restraint and do not prevent “subsequent punishment.”

The History of Free Speech Archives - FIRE

 

[Sun Devil 92]

The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

Because it would breach your second amendment rights.

The Bill of rights only protects us from the federal government.

The 2nd is in the bill of rights..

The Bill of Rights only protects us from the Federal Government.

What insight is am to gain from your comment.

LOL right?
States can constitutionally rid us of due process, religion, speech, unlawful seizures.. basically, they can do whatever they want and everyone else just has to sit back and watch

If you read earlier, we disucssed the fact that states did have state supported religions which were never challenged in court.

 

[g5000]

The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

For the same reason your state can't make you a slave or ban midget porn.

 

[Sun Devil 92]

The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

For the same reason your state can't make you a slave or ban midget porn.

Thanks for nothing.

If you are referencing Selective Incorporation we've already discussed it.

If you have something else, please share.

 

[emilynghiem]

Because states cannot ignore the US Constitution or the 2nd amendment. States also cannot take away your right to free speech or force a religion on you.

Actually, they could.

After ratification, several states had state supported religions.

They were never challenged by the Federal Government.

Yes Sun Devil 92
If the PEOPLE of that state agree to such laws then they won't contest laws they agree to!

The death penalty is an institution that some people believe in and some people don't. Marriage laws and abortion laws are also in conflict with some people's beliefs, yet the states have passed laws on those that weren't challenged until much later on.

Laws are based on consent of the governed. They evolve to reflect the ability of the people to express and govern themselves more and more democratically, and locally as opposed to depending on state or federal govt to manage.


It's similar to how kids grow to be more independent as they mature to adulthood. The rules we live by change toward enforcing these ourselves by free choice rather than imposed on us by a parental authority.

 

[whitehall]

States can't take your guns away for the same reason they can't take away your religious freedom or your right to free speech. The 1st ten Amendments aka the Bill of Rights were added to the Constitution to limit the power of the government and that means state, county local and the federal government.

 

[emilynghiem]

The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

Because it would breach your second amendment rights.

The Bill of rights only protects us from the federal government.

Dear Sun Devil 92
Again, the 14th Amendment extended protections of the laws to apply to States as well, and the Civil Right act started applying standards of protection to public institutions in general.

All laws and justice are attempts to balance peace and freedom. We as people want protections but we also want our free will or civil liberties and due process before being deprived of our freedom to choose.

All laws have to meet both standards of respect for freedom and protecting peace and order , or if hey go too far and violate one or the other, then people protest and change that law . This democratic process applies to any level of govt.

Because the principles in the bill of Rights captures natural laws and process of humanity in general. So these principles contained in those laws are going to govern the process where the government and policies are supposed to represent the will ofi the people. Thus we keep amending our laws until we arrive at sustainable self govt.

 

[NewsVine_Mariyam]

the Court holds that the free speech and press guarantees only guard against prior restraint and do not prevent “subsequent punishment.”

This is a very interesting concept, particularly if you apply it to some of the other amendments. For example aside from the 4th with the court's having ruled that the exclusionary clause is it's main purpose what about those individuals who are harassed and have their rights violated simply because they exercise their rights under the 2nd amendment? While it's not prior restraint because no one is actually preventing the exercise of their right to keep & bear arms not withstanding the state's restrictions upon doing so, it's definitely punitive if they are singled out and targeted with harassment merely for doing so.

 

[Darkwind]

The constitution was designed to limit the federal government. Not the state governments.

Why can't my state take my guns away ?

Because it would breach your second amendment rights.

The Bill of rights only protects us from the federal government.

No, it protects us from all forms of government. The rights outlined in the Bill of Rights do not come from government. They are natural rights.