Comment on NYC Man Convicted Over Gunsmithing Hobby After Judge Says 2nd Amendment 'Doesn't Exist in This Courtroom'

• wintermute_oregon@lemm.ee ⁨6⁩ ⁨months⁩ ago

  The whole Constitution is applied to the states.

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  • Septimaeus@infosec.pub ⁨6⁩ ⁨months⁩ ago

    Then we need to overhaul the court systems and multiply their bureaucratic size and process to satisfy the grand jury requirement of 5A and the civil jury trial right of 7A.

    And assuming 2a renders state gun control unconstitutional, I presume then we read 2A as a carte blanche guarantee to possession of these weapons to citizens.

    This is what we propose, yes?

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    • wintermute_oregon@lemm.ee ⁨6⁩ ⁨months⁩ ago

      By default, it doesn’t render it unconsotitional. It means you can’t violate it by restricting rights.

      We already meet the requirements for 5th and 7th. WHy do you think plea bargains are so popular?

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      • Septimaeus@infosec.pub ⁨6⁩ ⁨months⁩ ago

        We already meet the requirements for 5th and 7th.

        States do not because as of yet, 5’s grand jury requirement, 6’s criminal jury trial right, and 7’s civil jury trial right have not been interpreted as binding upon the states.

        By default, it doesn’t render it unconstitutional. It means you can’t violate it by restricting rights.

        I agree that’s the precedent, but I’m unclear where we should place that threshold of violation. Presumably somewhere on the scale of TX to NY? Perhaps… IL?

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