General Discussion
In reply to the discussion: Justice Stevens Scolds NRA & Suggests: The five extra words that can fix the Second Amendment [View all]DanTex
(20,709 posts)Last edited Sat Apr 12, 2014, 12:45 PM - Edit history (1)
state constitutions and the federal constitution. After all, if something appears in a state's bill of rights, why doesn't it also appear in the federal bill of rights?
The answer is that they serve different purposes, and were written and voted on by different people -- even though some people were involved in both processes. The concern that motivated 2A was protecting state militias. If the delegates at the (say) Virginia constitutional convention decided they wanted a stronger protection on gun ownership, so be it. If the delegates at the (say) New Jersey constitutional convention decided differently, then so be it too. But one thing that remains clear is that the framers of the bill of rights decided not to elevate gun ownership outside of the context of militia service to a constitutionally protected right.