Imagine that ... Alabama standing up to California on Gun Rights.
Actually, the Ninth Circuit Court covers the West Coast plus "others". *
In a way, I wish the Nutty Ninth was populated by some justices who recognize the Supreme Court rulings of Macdonald (overturn municipal gun bands, 2nd Amendment applies to individuals) and Heller (right to have guns in home, in immediately usable status) by the Supreme court.
These decisions have been subsequently interpreted to imply that the right to keep and bear arms includes the right to BEAR arms .. which means to carry them in public.
It's one thing to defend "State's Rights" in the context of Federal laws; but it's another thing to defend State's Rights when they conflict with a Constitutional Right (eg: The Second Amendment).
I think it's time that the Second Amendment be applied to all states equally, with the most 'liberal' interpretation be applied to all states; full acceptance of CHL licenses in every state, and carry laws standardized to at least CHL owners to carry in every state without fear of persecution.
The Second Amendment is shaping to be the 21st Century's version of the anti-segregation policies of President Eisenhower in the 50's and 60's, and the Abortion policies of more recent years.
Obviously, these are issues which were not considered 'issues' in the late 18th and early 19th centuries, and the "newer" importance of these re-interpretation of Constitutional Rights has led to some confusion about States Right vs the Constitutional Rights.
The clarifying factor may be that the Constitutional Rights have been applied to protect the rights of the individual citizen; States Rights were being (at the time of those controversies) to allow some 'activities' to some Americans, while denying the same rights to other Americans:
"Separate, but Equal"
In the Eisenhower era, the Supreme Court ruled that rights to education, marriage, etc. could not be regulated by State fiats based on race.
"Abortion Rights"
In more recent years (ca 1992), the Supreme Court ruled (see Roe vs Wade, et al) that a woman's right to have an abortion must apply equally to every state, regardless of the state in which state the woman applied for the medical procedure.
Neither of these Supreme Court decisions were universally popular, but they did have the effect of standardizing the Rights of the individual across state lines. Abortion is a good example; it should not be necessary for a woman to cross state lines to access the same rights which are illegal in her home state, but legal in another state.
