Thoughts on Incorporation

First off, I’m not a lawyer, nor do I play one on the internet. If I’ve seriously screwed something up, please don’t hesitate to let me know.

  1. After the 9th Circuit ruling, the Second Amendment is incorporated in some, but not all, states. One of these is California (when do the lawsuits start again?). Personally, I’d love to see the oppressive anti-rights laws there overturned, whether about guns or not.
  2. After the 7th Circuit ruling, the circuits are now split. This is evidently a Bad Thing(tm), and it’s likely that this issue will go to the Supreme Court.
  3. The pro-rights side won the Heller decision by a narrow margin: we got 5-4 for a revolver in the bedstand, but it was too close for comfort.
  4. After Heller, we’ve had the momentum on our side. The anti-rights groups are on the defensive. Let’s keep it going.
  5. If Sotomayor gets appointed to the Supreme Court, all is not lost: the overall makeup of the court would remain the same for the reasonably-foreseeable future. If we could swing Heller, it’s likely that the Supreme Court would rule similarly for incorporation, particularly when it’s pretty clear that gun control doesn’t really do much to prevent crime.

Honestly, I don’t see how one can argue against incorporation of the Second Amendment (or any other amendment, for that matter) with a straight face. I find the very notion absurd: the right to keep and bear arms extends directly from the natural ((As I’m not religious, I don’t believe in “god-given” rights.)) right to self-defense that any living organism possesses, why should it only apply to certain people living in a specific, arbitrary geographic area of the US?

One thought on “Thoughts on Incorporation”

  1. Pretty much right. Actually, Gura is going after the California handgun roster with a lawsuit, now that we have incorporation in the 9th circuit.

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