Over the years, I’ve had conversations with Europeans about gun control. Not surprisingly, they have been very critical of America’s “gun culture ” that is, the widespread ownership of guns among the American people. They have extolled the situation in Europe, where gun-control laws preclude people from freely owning guns, arguing that such laws make for a more peaceful society.

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In the opinion by Judges Pooler, Sotomayor, and Katzmann, the per curiam judges first cite Presser v. Illinois (1886) for the proposition that the Second Amendment directly applies only to the federal government, and not to the states. They also cite a more recent Second Circuit case which relies on Presser, for the same proposition. Bach v. Pataki, 408 F.3d 75 (2d Cir. 2005).

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