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View Diary: What gun control does the Second Amendment allow? (226 comments)

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  •  Second Amendment (0+ / 0-)

    The Supreme Court should have said that the amendment does not apply to state regulation, only federal regulation, and the 2nd Amendment right is not incorporated into the 14th Amendment.  They have not said that, and with five gun nuts on the court, they are unlikely to say that.

    We are left with the issue of what it means to have the right to "keep and bear arms."  If you truly believe that the right to aim a pistol and dial the phone at the same time (Scalia) is a fundamental individual right, I do not see how the states can, consistent with a fair analysis of that mandate, do much to regulate guns.

    My brother is mentally ill and lives in a bad part of town, so if he has a fundamental right to defend himself with a handgun, how does his state have the right to say, "He is mentally ill, per se he cannot have a gun"?  You need a COMPELLING state interest and a law NARROWLY tailored to achieve that interest.  At the very least, the mentally ill should have the right to get a doctor's note stating they are not dangerous.  Right?  Even felons - Wesley Snipes cheats on his taxes; can't have a gun?  

    The whole analysis of how "arms" allow you to protect yourself against the government needs analysis as well.  If my government has choppers and tanks, why can't I?  If the whole purpose of the amendment was to prevent federal tyranny, how can the government make me bring a regular shotgun to a sawed-off shotgun fight?

    Intellectually, the whole analysis makes no sense.

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