This Piece of shit Sonia Sotomayor is dead wrong in her belief and ruling that the 14th Amendment is not incorporated into the Second Amendment.
If you look at the history of the Second Amendment as being part of the Bill of Rights then you find that it is an individual right, sense the Bill of Rights was written for the individuals and restrictions of the government from restricting the rights listed there in.
If we look at Amendment 1 it tells us that Congress shall make no law, not the state. So this being a order to congress forbidding congress from making laws restricting religion, freedom of speech, the press; the right of the people peaceably to assemble, petition the Government for a redress of grievances. The First Amendment had to have the protection of the 14th Amendment along with other Amendments in order to keep states from instituting their own laws.
The Second Amendment; A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Nowhere in this Amendment are there any restrictions of just the Federal Government. Quite the contrary it alone applies to any and all governing bodies, local, county, State, and Federal. How can this be so one might ask? Well first it says the right of the people to keep and bear Arms, shall not be infringed. There is no mention of a restriction of a specific governing entity, but rather forbids any governing body from in acting infringements. Secondly the purpose was a well regulated Militia, and just what is a well regulated Militia?
Title 10, Subtitle A, Part 1, Chapter 13, Section 311 of the United States Code defines the Militia thusly: § 311. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
This provides for the states to recognize and support (Non monetarily) a citizen Army to be called and directed by the Governor of each and every state. Which is not under the direction or authority of the Federal Government. The soul purpose of a Militia is to provide for the defense of the state, county, and city in which we live. There actions are governed by the Governor, then the sheriff, and lastly the chief of Police in their town. The Militia does not fall under the jurisdiction or authority of the federal Government in any way shape or form. To do so would make them just another federal controlled Army, and that is not the intent of each state to form its own Militias.
The National Guard was in the beginning an answer to the need for a Militia of the States, but as with most things the Federal Government usurped its authority and instituted authority and control over the National Guard. If you look the National Guard is under the Direction of the Governor, until the Federal Government has a need for them then they become a federal Army not covered by the Militia clause of the Second Amendment.
Contrary to miss conceived notions that the National Guard is the Militia among the Anti-freedom/anti-gunners the National Guard is National as it is stated in their name. The Militia is state only and is not subject to the powers of a corrupt federal Government.
As is provided by the laws governing the Militia one must be equipped with personal weapons and ammunitions that they must provide out of their own pockets. The State has no obligation to provide this along with other essensuals to the Militia. A State may if they feel the need and monetary fund permit can offer some supplies if the need arises.
Thusly we can see that the Militia as is referred to in the Second Amendment is a state formed and controlled entity. Making the Second Amendment applicable to the states as well and Federal Government.
In synopsis we can see that;
The second Amendment applies to the individual person in that it provides for the right of the people, not the right of the elite.
That the Militia as is referred to in the Second Amendment is made up of the individual person and they must provide their own arms and ammunition.
That the Militia is exclusively state Governed and at no time a part of any Federal body.
That the National guard is not the Militia because they can and are call upon by the Federal Government to be used outside the state and/or country to fight wars.
Now lastly a small part we have not covered; being necessary to the security of a free State. When referring to the individual State it was called the free State, or the several States. This was an implication of individuality among the State to be governed by such rule or law. Making the application of the Second Amendment a direct order against infringement by the State, and/or any Governing body regardless of whom it is.
The Second Amendment applies to any and all governments and need no 14th Amendment to protect it or incorporate it into the state. Sonia Sotomayor and her piece of shit collogues are dead wrong in their belief that the second Amendment does not apply to the State and the State/city can make their own laws restricting this God Given Right.