State constitutions vs. US Constitution

J

John/az2

New member
It is my understanding that the US Constitution places limits on the power of the FEDERAL government.

I'm assuming that a state constitution would do the same thing, however when we talk about the USC's 2nd Amendment or article on the Right to Keep and Bear Arms, can a state without a specific provision for the "2nd" right within its own constitution legally infringe upon that right through regulation or other means? (California comes to mind)
 
First, I'm not a lawyer and don't even play one on TV. But I've got an opinion and ain't afraid to share it.

IMO, you are correct on the first point, the US Constitution outlines the limits on the Federal Government.

Still, IMO, neither the US Constitution nor any of the State Constitution grant or confer any rights. Our rights are naturally occurring. If any of these documents don't name a natural right it doesn't mean you don't have, it may mean that the State doesn,t recognize it, yet.

Can they infringe on this right or any other is a separate question from whether or not they are right in doing so.

Can they infringe on it? Certainly if enough people allow it.

Are they right? no, IMNSHO, but that won't keep them from putting someone in jail.

As a practical matter I would think the 14th Ammentmend would apply here, (if there were to be a clear SCOTUS ruling of the 2nd as an individual right) - but I just noticed for the first time that the 14th speaks of "priveleges", not rights. I'm not sure I like that and will have to consider it further.

BTW, any news on the gun shop owners problesm with the BATF?
 
Yes

He got raided again last friday. The excuse this time was that he was selling reloaded ammunition without a license to manufacture ammunition. The reloads he did sell came from the gun shows.

They took many pounds of powder, thousands of primers, bullet heads, and his personal use reloads (by my estimate, more than 50,000 rounds). They also took many specialty rounds that he had purchased as military surplus. (NOT reloads).

They've already put him out of business with the first raid. This second one was just salt in the wound.

He still has not been formally charged with anything, and from what I understand after calling the ATF, it may take up to a year...
 
IANAL but:

I'm assuming that a state constitution would do the same thing, however when we talk about the USC's 2nd Amendment or article on the Right to Keep and Bear Arms, can a state without a specific provision for the "2nd" right within its own constitution legally infringe upon that right through regulation or other means? (California comes to mind)

ChrisR26 is correct that the 14th amendment has been interpreted to mean that the first 10 amendments apply to the states. That means that a state can't violate BoR. However, SCOTUS has said that certain laws that some people don't like are legal--that means at either the federal or state level. For example, SCOTUS has allowed the states to restrict certain forms of expression & protests as not "protected speech." If it's allowed for the states to restrict it, it also must be allowed for the federal government to restrict it. (If I understand the jist of recent rulings correctly.)
 
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