Thursday, November 6, 2008

Second Amendment Must Read

Over at Volokh. I don't know why Insty hasn't picked up on this yet.
The court seemed to assume that the Second Amendment applied to states and local governments -- presumably because it's incorporated via the Fourteenth Amendment -- and didn't at all discuss whether this should indeed be so. Thanks to David Hardy for the pointer; see also the Gun Legislation & Politics in New York blog.
IANAL, but this seems like a big, big deal. A lower court (in New York!) citing Heller in prohibiting the State from revoking a gun permit for failure to keep the firearm locked or inoperative. Implicitly recognizing incorporation under the 14th Amendment.

IANAL(2), but this seems really, really big. The question was whether lower courts would bypass SCOTUS. In this case, it seems not to be the case.


UPDATE 6 November 2008 22:07: OK, that was quick.

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