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.
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.
Also ignoring the web 1.0 webpage, why did Scalia argue that this portion of the 2A can be ignored? Cant the state pass laws to maintain the well regulation of arms?
You can ignore that source if you want, there are plenty others. But the fact remains that well regulated does not give the government the right to regulate arms.
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.
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.
Ignoring the metaphor cause yeesh.
But "well regualted" means and always meant something to the tune of well trained and supplied. "The phrase "well-regulated" was in common use long before 1789, and remained so for a century thereafter. It referred to the property of something being in proper working order. ". And more importantly " Right of the people " and "Shall not be infringed" are clear and obvious.
Also ignoring the web 1.0 webpage, why did Scalia argue that this portion of the 2A can be ignored? Cant the state pass laws to maintain the well regulation of arms?
You can ignore that source if you want, there are plenty others. But the fact remains that well regulated does not give the government the right to regulate arms.