Folks, go to Pete's WRSA blog here and follow the links to the original posts. Pete sums it up as follows:
Tuesday, February 10, 2009
Heller: Uh, We Can't Take 'Em to Court??
From CrimProfBlog via Reason:
The Second Amendment guarantee of the right to bear arms does not apply to override state firearms bans, the U.S. Court of Appeals for the Second Circuit declared Jan. 28. Under the incorporation doctrine, only certain provisions of the Bill of Rights apply to the states, and the Second Amendment is one of those that does not, the Second Circuit held (Maloney v. Cuomo, 2d Cir., No. 07-0581-cv, 1/28/09)...
Read it all.
Remember that while the Second Circuit, which covers New York, Vermont, and Connecticut, is but a single Circuit and in theory can be overruled by SCOTUS, it is nonetheless a highly-influential Federal bench. Accordingly, its decision in Maloney will be persuasive and will be cited by other District and Circuit Courts in ruling against the Second Amendment.
Once the idea that the Second Amendment is not binding against state and local government becomes the law of the land via the adoption of Maloney by other Circuits and SCOTUS' refusal to look at the issue, "multijurisdictional task forces" will have a green light to bring down the hammer of "gun terrorists".
The fuse is lit.
Alea iacta est.