First, the Equal Protection Clause clearly applies to citizens and non citizens alike. The Framers knew how to write portions of the Constitution that applied only to citizens. The Equal protection clause isn't one of them.
Secondly, until very recently, the rights conferred by the Second Amendment were held to be collective rights to arm militias. Only after Heller was decided did anyone think that it was really an individual right. And with Trump's victory, it looks like the radical departure of Heller will stay the law for at least four more years. But even if you read Scalia's opinion -- the wildest, most unsupported profundity nut position possible -- it paints a very .imited right that, so far, is confined to self defense of the home. Of course as Trump appoints more and more reactionaries to the Courts, that may change. But they can't avoid the phrase "well regulated" and Scalia's opinion specifically talks about place restrictions. So it is far, far from clear that there is any right for any private individual to have a gun or ammunition in any part of an airport, even under the wildest gun nut jurisprudence one can imagine.
Originally Posted by TexTushHog
TushHog,
I'm really not trying to be coy. I also apologize if you read this and have no idea what my idea that I am trying to relay is, actually .
However, shouldn't any regulation of the people's right to bear arms, come from the state? There are many federal firearm regulations , I know. And apparently they are constitutional, otherwise a "gun nut" would have challenged and overturned them by now. I don't understand though, if #2 is a right reserved for the states, how the federal government can make any regulation.
since it is a state right, a few states like Oklahoma and and Texas, can effectively make it a personal right, just as the first ammendment in the confines of that state's borders, no?
I have the same right to free speech in California than I do in Texas because it's a personal constitutional right, no?
This is where I confuse myself even more. Unlike the first ammendment, because California has the state right to regulate the peoples right to bear arms inside their state borders, they can tell Texans that if they come to California, do so without their guns.
Throw in equal protection, I'm even more confused. California will recognize a marriage in Texas and vise versa because of the equal protection clause. Texas has been told by the Supreme Court , if I am not mistaken, also because of the equal protection clause, that since California recognizes gay marriage, Texas must too, no?
I do know Robert's and Scalias both said basically the constitution was silent on gay marriage and therefore a state right in their decents.
It may be apples and oranges, but if Texas must recognize California law of gay marriage, because of the equalast protection clause, why mustn't California recognize Texas gun laws or lack thereof?
Feel free to say I have no flipping clue what I am talking about and to stop trying to be a lawyer.
Moving on....
Now as far as this Muslim registry nonsense, have we learned nothing from history?
Equal protection clause or not, how can we be a free nation and yet force one group of people to register themselves because they are exercising not their 2nd guaranteed right, but the very 1st ammendments right to freedom of religion?
Did not the Nazis brand registration #s a people's wrist? Didn't we kinda destroy the Nazis? Now we want to go down that same path the Nazis did? When did we replace the motto "red white and blue don't run" with "we are so scared of terrorist" that we set a match to the very thing that makes us the USA.....