Supreme Court to Massachusetts court: Thfptbt!
By adamg - 6/28/10 - 11:34 am
Massachusetts Supreme Judicial Court in March: Second Amendment doesn't apply to Massachusetts.
U.S. Supreme Court today: Yuh huh, it sure does.
The Fourteenth Amendment makes the Second Amendment right to keep and bear arms fully applicable to the States.
Comments
BOOYAH!
Finally glad to see the 2A incorporated.
Excellent
Hopefully we can get rid of the ridiculous "Approved Firearm Roster" here in Mass.
IANAL, but it looks like the
IANAL, but it looks like the Approved Firearm Roster would stay. 2A doesn't require that Massachusetts allow the same freedom as fortysomething other states, just nothing that's a ban or a close approximation thereto.
Actually
There are legal precedents (sorry I don't have them in front of me) that make allowances for "common" goods. Since only a few states plus DC have gun rosters, they may very well be challenged in a court of law. IIRC, the Second Amendment Foundation was awaiting this decision to go after the approved list in CA, which if it is successful, will directly affect the moronic list we live under here in MA.
I think it's important to point out however that this case in and of itself isn't an end-all be-all, but it is the foundation upon which other cases can be brought, fought, and won.
It's sad when the US Supreme
It's sad when the US Supreme Court has to explain to State Supreme Courts that the Bill of Rights in the US Constitution doesn't just limit the power and protect the rights of citizens, from the Federal Government, but ALL government within the jurisdiction of the United States.
Actually, that would be the
Actually, that would be the 14th Amendment, not the Bill of Rights.
Actually, that would be the . . .
Incorporation Doctrine, in which the Bill of Rights is applied to the states by means of its incorporation in the Fourteenth Amendment.