General Discussion
In reply to the discussion: Why did I do such a 180 on guns? [View all]Flatulo
(5,005 posts)"And the people as a whole have a right to be secure from unreasonable searches and seizures, but individually, personas and houses can be searched on warrants. "
No, you - as an individual person, are protected against unreasonable searches and seizures. The key word here is unreasonable. A warrant gives the government the right to stop you and search you, but the burden of evidence is on the government. There has to be an indication that you have committed, or are about to commit, a crime. You are completely free to go about your business without being hassled by the police. (As a practical matter, this is not entirely true for many minorities, but the authorities who hassle people because of their appearance are in violation of the law).
The point is, that the entire BoR restricts the government from infringing on the stated rights of individuals. When the Constitution means the States, it says States. When it means individuals, it says "the people".
At least that's my opinion. The SCOTUS agrees with me, at least for now. A future court could rule differently, but that is extremely unlikely due to the tremendous deference shown toward precedent. The only hope for people who wish to ban guns altogether is another amendment to repeal the 2 nd. And that's not bloody likely unless all the southern states secede. And we know how that ended the last time.