Reply To: Bill of Rights – Incorporated


I have to admit, this is one thing I didn’t realize at all! Thanks Dr Gutzman.

There is some irony then in the push for “Constitutional Carry” i.e. Vermont rules for unlicensed conceal and open carry of firearms being completely legal, based upon a lie–that the 2nd amendment is incorporated and goes ‘all the way down’ to the state and municipal level.

Following your analysis of the history of it, it would seem in fact unless your State constitution also provided the right to keep and bear arms, then in fact the individual State could impose gun control or gun confiscation and it would not be ‘illegal’. The 2nd amendment only bans the federal govt from regulating it. That is highly interesting! “The constitutions of thirty-nine (39) states guarantee a right to arms.” So in 11 states, gun bans (by that state and not the US govt)–while against natural rights–should not be illegal in federal court?