I would sue anyway, but I have wondered this question many times.M249 said:Question for the lawyers and those inclined/interested in legal scenarios...
Assume you are a GFL holder riding MARTA--not carrying due to the law--and you were injured by an armed assailant. Could one argue that preventing you from carrying is a 2A violation, and that this civil rights violation put you in a position to be injured by banning carry on MARTA?
This is what I don't get - the 2nd doesn't apply to the states, however the framers also authored the 10th.GAGunOwner said:According to current case law the 2nd Amendment does not apply to the State of Georgia, period!!! The 2nd Amendment only applies to federal action.
Presser is far too early to have any validity today. I think courts citing it are being disingenuous.GAGunOwner said:Presser v. Illinois, 116 U.S. 252
Quilici v. Morton Grove, 695 f 2d 261 (This one isn't a SCOTUS case I believe).
I think these are two federal cases on the topic.
And then there's Georgia's own:
. . . the States cannot, even laying the constitutional provision in question [the Second Amendment] out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government. But, as already stated, we think it clear that the sections under consideration do not have this effect