Mike the Usurper wrote: Well, interestingly, the 2nd amendment never has gone through incorporation cases. 2nd Amendment cases making it to the Supreme Court are rare the most recent one that comes to mind prior to this is Miller in the 30s, which was in response to federal gun control in response to things like Dillinger.
I think thats about to change. Let's say a state sets up a law which says, "as a requirement to own a handgun, you are required to volunteer an average of 12 hours per month in the state militia, said service will include gun safety and training, and emergency assistance."
I don't think this would fly. The amendment doesn't specify what militia it refers to. Requiring participation in a specific militia may not fly. RE: Supreme Court upholds 2nd Amendment [PDF] |