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No incorporation of Second Amendment in Fourth Circuit?

By Steven R. Minor

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"It is well settled law in this circuit that the Second Amendment does not apply to the States. Edwards v. City of Goldsboro, 178 F.3d 231, 252 (4th Cir. 1999). Because the Second Amendment does not apply to the States, neither a state law nor a local ordinance can run afoul of any right guaranteed by the Second Amendment."

Judge Morgan of the E.D. Va., in Szymecki v. City of Norfolk, Docket No. 2:08cv142, Opinion and Order of June 27, 2008.

A while back, Timothy Sandefur had this post on incorporation. The concept always makes me think of Abe Fortas played by Jose Ferrer arguing the right to counsel before the Supreme Court in the movie version of Gideon's Trumpet.

Full post as published by Southwest Virginia Law Blog on July 03, 2008 (boomark / email).

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Briefs on Whether the Second Amendment Should Apply to the States Via the Fourteenth:

Fourth Circuit Vacates Conviction on Fourth Amendment Grounds

Virginia v. Moore and the Changing Role of the Fourth Amendment:

Ninth Circuit Finds Fourth Amendment Protection in Text Messages:

Ninth Circuit Does Not Reach How Fourth Amendment Applies to Text Messages:

Third Circuit Holds that Search of a Cruise Ship Cabin at the Border Requires Reasonable Suspicion:

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