So if Cantwell v Connecticut holds that states cannot license 1st Amendment rights to religious expression and free speech when they do not threaten the public, why has this not been applied to 2nd Amendment rights. After all, does not the 2nd Amendment describe an individual right (District of Columbia vs. Heller), as does the 1st Amendment, and both the 1st and 2nd Amendments are incorporated against the states (Cantwell v Connecticut and McDonald v. Chicago)?
It appears that it is time to demand "Constitutional Carry" in ALL the states, territories and possessions of the United States. Which civil rights advocates will file suit for this? Perhaps it is time for the ACLU to effectively collaborate with the NRA, other gun rights organizations and other civil rights organizations and file suit to eliminate all gun control legislation at the Federal and state levels, just as they would for 1st Amendment infringement.
That felt good. I needed a good laugh. Although such cooperation has happened, it is rare: http://www.calguns.net/calgunforum/archive/index.php/t-92209.html
More realistic is that following the success of the Heller and McDonald decisions, Alan Gura and the Second Amendment Foundation file this suit using Cantwell v Connecticut. Chicago, Illinois looks like a good place to file, as they still appear to resist the McDonald decision. After all, what states, territories or possessions of the United States are allowed to infringe 1st Amendment rights?
So if Cantwell v Connecticut holds that states cannot license 1st Amendment rights to religious expression and free speech when they do not threaten the public, why has this not been applied to 2nd Amendment rights. After all, does not the 2nd Amendment describe an individual right (District of Columbia vs. Heller), as does the 1st Amendment, and both the 1st and 2nd Amendments are incorporated against the states (Cantwell v Connecticut and McDonald v. Chicago)?
ReplyDeleteIt appears that it is time to demand "Constitutional Carry" in ALL the states, territories and possessions of the United States. Which civil rights advocates will file suit for this? Perhaps it is time for the ACLU to effectively collaborate with the NRA, other gun rights organizations and other civil rights organizations and file suit to eliminate all gun control legislation at the Federal and state levels, just as they would for 1st Amendment infringement.
That felt good. I needed a good laugh. Although such cooperation has happened, it is rare:
http://www.calguns.net/calgunforum/archive/index.php/t-92209.html
More realistic is that following the success of the Heller and McDonald decisions, Alan Gura and the Second Amendment Foundation file this suit using Cantwell v Connecticut. Chicago, Illinois looks like a good place to file, as they still appear to resist the McDonald decision. After all, what states, territories or possessions of the United States are allowed to infringe 1st Amendment rights?