A few days ago, I posted on the recent decision in Heller, and remarked that it established the 2nd Amendment as an individual right. My good friend, and fellow AF vet, the Gun Toting Liberal was kind enough to extend to me the honor of posting this on his blog, as well. In the comments, Joe Lovell, a clear thinker indeed, noted that while this decision was big, it did not extend to the states, as the law in question was in the District of Columbia, or Federal territory and had not yet been incorporated to the states. Of course, this is would have required essentially an advisory opinion, as the issue in the case dealt with whether the DC ban violated the 2nd Amendment, not whether the right extended to the states. As such, the Court couldn't answer whether it extended to the states, and rightly refrained from doing so.
However, this does not mean that the issue is dead in the water. In fact, it's still very active, and has just been ruled upon in the 9th Circuit Court of Appeals - you know, those liberal activists on the West Coast that some on the Right were vocally calling for the disbandment of just a few years ago? This Court of Appeals just held that the 14th Amendment incorporates the 2nd Amendment to the states! The 3 judge panel consisted of a Carter, a Reagan, and a Clinton appointee, and they incorporated through the Due Process clause, not the privileges and immunities clause. Big news.
Of course, this only applies to the 9th Circuit, but it does support other districts. The 2nd Amendment is coming closer to full definition, for better or worse.
Other Bloggers Weighing In:
The Gun Toting Liberal
The Moderate Voice