The 2nd Amendment Applies To The States
Gun Rights - 2nd Amendment
Several other cases, for example Gitlow vs. New York, argue whether or not certain amendments apply to the state governments. Most of these cases conclude in favor of the plaintiff and show that these amendments do apply to the states. It is never clearly stated in the U.S. Constitution that these amendments only apply to the federal government, therefore they also pertain to the state governments. In this case, the man has the right to bear arms as protected by the second amendment and will be able to carry and possess the gun as long as he does not have a criminal record of some sort. This amendment applies to the state governments, as described in the 10th and 14th amendments, as well as the federal government.
Response from the Minuteman:
You are certainly right that certain courts have stated repeatedly that the 2nd Amendment and all the amendments apply to the states. However, I disagree that this was the Founders original intent and it is clearly not the language in the Constitution itself. The 10th Amendment clearly states that powers not given to the federal government in the Constitution are reserved to the states. Therefore, according to the Founders original intent as expressed in the Constitution, you are correct that states may regulate gun ownership in any way they choose, not because the amendments apply to the states, but rather because the right of regulation is barred from the federal government and therefore given to the states. Anyone else care to express their opinion about this?