Posted on 04/20/2009 5:19:58 PM PDT by !1776!
We therefore conclude that the right to keep and bear arms is deeply rooted in this Nations history and tradition. Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the true palladium of liberty. Colonists relied on it to assert and to win their independence, and the victorious Union sought to prevent a recalcitrant South from abridging it less than a century later. The crucial role this deeply rooted right has played in our birth and history compels us to recognize that it is indeed fundamental, that it is necessary to the Anglo-American conception of ordered liberty that we have inherited. We are therefore persuaded that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment and applies it against the states and local governments.
(Excerpt) Read more at ca9.uscourts.gov ...
They ruled for BOTH the plaintiff and the defense? So, the 9th is still a CIRCUS Court of Appeals! LOL.
The “5th Circuit Court in Texas” is actually in New Orleans, I believe.
I haven't read the decision, but a poster on a different thread reported:
I fully agree. Unfortunately, I lack the authority to make our mutually agreed and very clear reading of the Constitution the universall recognized law of the land.
Until such time, I will continue to work to help make sure it becomes so.
Basically the court ruled that the 2nd amendment trumps any state law and the right to bare arms for all is protected by the Constitution.
Probably not because they already ruled in the Heller case so they should refuse to hear it....although....Justice Kennedy will probably prove me wrong
This is amazing, coming from the 9th Circus, but... Nordyke lost.
Diarmuid F. OScannlain was appointed by Reagan
Arthur L. Alarcón Was Appointed by Carter
Ronald M. Gould was appointed by Clinton
Another win for the Gipper! Because you know the Reagan judge kicked the Carter judge's butt and then threatened to tell everyone what the Clinton judge did last night in his Chambers if he didn't rule in favor of the 2nd Amendment.
Exactly; this was not a case involving laws that inhibited self-defense like Heller was.
It also looks like the "collective" interpretation of the 2nd is kaput. The court basically acknowledged, in no uncertain terms, that previous opinions of theirs on the subject have been rendered junk by Heller.
I see your “Repeal 16-17” and raise you a “Repeal 19!”
THIS is the dynamite!
Unless hamburger stands were allowed, and pizza stands, and waffle stands, and taco stands... and the only type of vendor NOT allowed is your hot dog stand.
There's a legal term for this, having to do with equal treatment under the law...
not a lawyer so let me ask....is it safe to assume that Holder probably doesn’t care for this decision ?? :-)
Even the the 9th CC ruled that Lockyer's SKS grab was illegal
I agree completely. Equal protection under the law...that was the ruling and it was forced upon every state, county and municipality in the 9th Circuit.
There is simply NO WAY a County Sheriff can withstand the scrutiny of a CIVIL RIGHT when he issues to some, but not others. I don't care what his criteria is.
I'm thinking I'll apply right here in Sacramento county...and sue when denied.
Semi-automatics are not banned. There's a list of "Assault Weapons" that are banned.
However, it appears that if such a weapon is legal in Texas, the State of California is denying a BASIC CIVIL RIGHT to CA citizens by banning these weapons.
While incorporating hopeful dicta..., the case was lost. I'll await further developments!
Perhaps the members of the 9th circuit have seen the handwriting on the wall regarding what the Obama Admin’s plans are and recognize that the “People” will need to be able to defend themselves from this tyrannical government!!!!
If the 9th Circus got this one right, the SCOTUS is sure to do so.
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