On occasion there will be an argument presented that states are free to pass gun control laws as the Second Amendment does not apply to state law. In effect, states could pass laws that violated federal constitutional rights as long as they did not violate that state's constitution.

The Fourteenth Amendment to the Constitution was said not to prevent passage of such laws. The Volokh Conspiracy points to new scholarship debunking this 'nonincorporation' argument in New originalist evidence for the incorporation debate.

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