Wyatt Earp enforced an ordinance that prohibited people from carrying a gun into town. Why wasn't this considered a violation of the 2nd amendment?
Wyatt Earp enforced an ordinance that prohibited people from carrying a gun into town.
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the 2nd Amendment was meant as a restriction on the Federal government not the states many of which did have gun laws of various kinds in those days.
Does that mean a state like California or New York can ban guns if they wanted to?
The 14th amendment is now interpreted as extending the bill of rights to the state level. Back then it was more narrowly interpreted.
it was designed to at least partially incorporate the first eight amendments onto the states
the 14th amendment isn't even real, it doesn't do anything
Differing interpretations like
said. Also, firearms laws in those days were less “you WILL zurrender ze virearm” and more “don’t shoot into the air for no reason or negligently discharge the firearm that you are carrying.
This makes no sense. Does this mean that the states can put people in jail for wrongspeak, or legalize slavery, or prevent women from voting? Get the fuck out of here.
no because those have constitutional amendments protecting them
But the 2nd amendment is an amendment?
>This makes no sense. Does this mean that the states can put people in jail for wrongspeak, or legalize slavery, or prevent women from voting? Get the fuck out of here.
Originally they could, and some states did those things, but not now because of the 14th amendment and the incorporation doctrine. If your state constitution didn't protect those rights then you were not protected in those days.
Pretty much, yeah. The entire bill of rights being extended to all citizens and preventing state and local governments from infringing on those rights is a modern thing. Back in ye olden days it was literally just a list of shit the FEDERAL government wasn't allowed to do.
Keep in mind that individuals didn't even pay federal taxes (except in certain circumstances) for the first 150~ years of the nation's history.
No one in the federal government particularly cared to send troops in to force a sheriff in some backwater silver mining town to properly follow constitutional law
constitutionbros... is this true?
You type like a two timing varmint and you post anime like one of them Jenkins boys
You're coming with me to the Sheriff's cell.
no he is an idiot
There were no Federal gun control laws until FDR illegally banned machine guns.
Most towns in the old American West required transients to turn in their firearms within most private/public establishments. The image of a bunch of rugged grifters sitting in a saloon with trembling hands above their holsters is a Hollywood invention.
The Bill of Rights originally only applied to the Federal Government. Local governments could trample all over it if they wanted to.
to my knowledge, he did, then the government told him he wasn't allowed to do that.