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|User Info||Governor Scott: Do You Really Mean It?; entered at 2012-05-14 16:44:37|
Registered: 2011-03-16 Pasadena, CA
The 2nd amendment, part of the bill of rights, applies to the United States of America.|
However, by the latter half of the 20th century, nearly all of the rights in the Bill of Rights had been applied to the states, under what is known as the incorporation doctrine. The Supreme Court has held that the amendment's Due Process Clause incorporates all of the substantive protections of the First, Second, Fourth, Fifth (except for its Grand Jury Clause) and Sixth Amendments and the Cruel and Unusual Punishment Clause of the Eighth Amendment. While the Third Amendment has not been applied to the states by the Supreme Court, the Second Circuit ruled that it did apply to the states within that circuit's jurisdiction in Engblom v. Carey. The Seventh Amendment has been held not to be applicable to the states.
So, depending on who is sitting in the Supreme Court, Florida's 2nd amendment right may be removed by appropriate state action.