Question regarding Bearing arms??

[bersaguy]

Ok so I will admit I am not smart about a lot of this so I have to ask questions. I know that few years back the Supreme Court declared the 2nd Amendment totally Constitution as far and the right to keep arms of the American people but there has been several challenges i lower courts that the Right to bear arms is seperate and does not stand along side the right to Keep Arms because of the word "AND" that falls between the statement Right to Keep "AND" Bear Arms

  My question is has the Supreme Court ever taken up the issue covering the secone part of the Amendment declaring the right to bear arms and also be Constitutional or have states just taken it upon themselves to authorize the right of legal law abiding citizens the bear arms or in other words be armed in public? I know there are people here that can answer this question in lamen terms even I can understand.......................

[DaveTN]

Because we fought a war over states’ rights and the SCOTUS probably doesn’t want to have states refuse to abide by their decisions. That is what would happen if the SCOTUS proclaimed everyone could strap on a gun and walk down the street; I would bet Tennessee would be one of those states.

Unless you want the Federal government enforcing local laws they don’t have the authority to say who can and can’t carry a gun in a state. (Or shouldn’t) Even when it’s something we want.

[bersaguy]

13 minutes ago, DaveTN said:

Because we fought a war over states’ rights and the SCOTUS probably doesn’t want to have states refuse to abide by their decisions. That is what would happen if the SCOTUS proclaimed everyone could strap on a gun and walk down the street; I would bet Tennessee would be one of those states.

Unless you want the Federal government enforcing local laws they don’t have the authority to say who can and can’t carry a gun in a state. (Or shouldn’t) Even when it’s something we want.

I think you offer the perfect point and I have thought that way also. I was just thinking about the issue of folks being upset with Senator Ryans decision to not bring the issue up in this session. I really think it should be a state by state decision and I am thinking the Supreme Court also feels that way.  They do have the option to leave it up to the lower courts but with all of the radical federal judges out there right now that is also a scary thought............JMHO

[scooter]

SCOTUS had an opportunity with the Peruta case, but they did not take it up. Read the dissenting opinion by Justices Thomas and Gorsuch. They do not think that a Constitutional issue should be left up to the states:

Quote

For those of us who work in marbled halls, guarded constantly by a vigilant and dedicated police force, the guarantees of the Second Amendment might seem anti­ quated and superfluous. But the Framers made a clear choice: They reserved to all Americans the right to bear arms for self-defense. I do not think we should stand by idly while a State denies its citizens that right, particularly when their very lives may depend on it. I respectfully dissent. 

 

Edited July 14, 2017 by scooter