Quote:
Originally Posted by stansdds
The word "shall" is a key component of the second amendment. My attorney explained to me the difference between "may" and "shall" years ago.
"May" indicates flexibility, whatever is being referred to may be changed at some point and its enforceability is also subject to change.
"Shall" is concrete, it is an absolute. There is no flexibility when the word "shall" is used. Therefore, "the right of the people to keep and bear arms shall not be infringed" is absolute, so laws and ordinances that restrict this right are unlawful and unconstitutional. Getting the courts to actually uphold this portion of the second amendment is difficult as so many people want to alter or reinterpret the amendment.
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Yes, but...
Originally, the constitution didn’t apply to the states. The 14th amendment changed that, but not all the amendments were considered included. Over time, more and more have been. IIRC, that’s called the “incorporation doctrine.” I think Heller fully incorporated the 2nd amendment, but pretty sure there’s nothing there covering CCW or posession outside your home. Could be wrong.