• @sudo22
    link
    English
    51 year ago

    Only explicitly recognized in 2008. The constitutional amendment SCOTUS used for this ruling was established nearly 250 years ago and has remained unchanged since.

      • @sudo22
        link
        English
        61 year ago

        CC/OC has always been legal in the US and only after the civil war did laws restricting carry start to pop up (you can probably guess what group of people this was meant to target). NY recently used a law restricting the rights of Catholics and Native Americans as a historical justification for their CC restrictions. The state laws took awhile (and the fear of some groups carrying to subside) to become infringing enough before law suits began. Someone needed to sue and be able appeal enough times in order to be heard by the SCOTUS, which is difficult and time consuming. But the ruling SCOTUS made isn’t what makes CC legal, it is a firm statement that it always was legal and laws infringing on that have always been unconstitutional.

        • Rodsterlings_cig
          link
          fedilink
          11 year ago

          Slavery was always legal and only after the civil war did restrictions come about (you can probably guess what group of people this was meant to target). Ignoring hyperbole, it is a fact that the “well regulated” portion of the 2A was understood to allow for restrictions until Scalia made up a reason to ignore it, again in 2008.

          Im not going to defend the way NY is going about it, but to say there is no history for gun regulation by States is ignoring history and stare decisis.