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Ninth Circuit Court of Appeals Holds that the Second Amendment Applies to the States
NRA - ILA ^ | April 21, 2009 | NA

Posted on 04/21/2009 2:09:32 PM PDT by neverdem

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To: TexasNative2000
Very interesting to me that the court threaded this right through the 14th amendment.

Does it strike of a promotion via government to, in the end, place the 2nd amendment in a state of irrelevancy to you?

21 posted on 04/21/2009 2:38:44 PM PDT by EGPWS (Trust in God, Question everyone else)
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To: snowsislander

IIRC, you told me about the one year free trial NRA membership on another thread, and you also said that life membership was going for the half price of $500.00. It looks like I found the one year free trial NRA membership in comment# 1. Do you know where you can find the life deal for half price? Others might want to get that deal.


22 posted on 04/21/2009 2:42:56 PM PDT by neverdem (Xin loi minh oi)
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To: metmom
IBTP.

I don't know that one. Please, decode?

23 posted on 04/21/2009 2:46:11 PM PDT by neverdem (Xin loi minh oi)
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To: neverdem

The 9th???

...gasp..


24 posted on 04/21/2009 2:49:06 PM PDT by Vinnie (You're Nobody 'Til Somebody Jihads You)
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To: Ernest_at_the_Beach
Should this be in breaking news?

It was breaking news yesterday.

Ninth Circuit Rules 2nd Amendment Incorporated to States

IMHO, you missed some pings. I guess it pays to be redundant.

25 posted on 04/21/2009 3:00:58 PM PDT by neverdem (Xin loi minh oi)
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To: neverdem

Hanging my head...been absent for several days....


26 posted on 04/21/2009 3:03:20 PM PDT by Ernest_at_the_Beach (Support Geert Wilders)
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To: neverdem
The U.S. Court of Appeals upheld the ordinance banning guns on county property

So what good is the ruling if they went against their own ruling to spike gun shows?

27 posted on 04/21/2009 3:09:53 PM PDT by FreepShop1 (www.FreepShop.com)
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To: neverdem

In Before the Ping....


28 posted on 04/21/2009 3:12:52 PM PDT by metmom (Welfare was never meant to be a career choice.)
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To: freedumb2003
Oh, it is even better than you think.

The 9th incorporated the 2A against the states, and then pointed out that this squarely overturned Hickman which was a decision that said individuals did not have standing to challenge Kali's may-issue concealed weapons law.

So, in short order we can expect to see a case challenging may-issue. And, since the challenge will be against the backdrop of an individual-rights 2A, there will be heightened scrutiny of whether its preserves everyone's rights.

Shall-issue may come to Kali in my lifetime.

29 posted on 04/21/2009 3:15:54 PM PDT by CurlyDave
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To: neverdem; Brucifer

Encouraging. We could use some good news today.


30 posted on 04/21/2009 3:19:32 PM PDT by Liberty Valance (Keep a simple manner for a happy life :o)
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To: CurlyDave

Not so fast my friend! That’s well and good for the left coast, us right coasters aren’t in a heap of good “standing” yet.

Lest we not forget that Chicago has a pending 14th + 2nd A case as well.

Though, Chicago’s not the most pressing incorporation case, the NY nunchaku case is ( http://www.nunchakulaw.com/). Earlier this year the Second Circuit ruled that the 2A is NOT incorporated, the Supreme Court filing deadline for appeal was promptly extended by Ginsburg to allow both sides to research Nordyke and argue appropriately. Nordyke found it to be incorporated, Maloney did not, so I expect the SC to take Maloney and see where it goes. If the SCOTUS grants Cert they would hear it sometime between Oct-May and issue a ruling by June 2010.

Maloney’s facts are simple: Does the 2A apply to the states, and are nunchaku protected arms?

An area I’d be interested in Nordyke appealing would be the distinction in Heller about allowing the barring of arms in “sensitive places such as schools and government buildings” while Nordyke says the fairgrounds are sensitive enough to allow the banning of arms just because the County says they’ve had shooting problems before.


31 posted on 04/21/2009 3:30:13 PM PDT by fightinbluhen51 ("MOLON LABE")
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To: neverdem
IIRC, you told me about the one year free trial NRA membership on another thread, and you also said that life membership was going for the half price of $500.00. It looks like I found the one year free trial NRA membership in comment# 1. Do you know where you can find the life deal for half price? Others might want to get that deal.

Try this link; it should take you directly to the multi-year options:

https://membership.nrahq.org/forms/signup.asp?CampaignID=NRABonus

32 posted on 04/21/2009 3:30:55 PM PDT by snowsislander (NRA -- join today! 1-877-NRA-2000)
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To: freedumb2003
The 9th Circuit ruled AGAINST the gunowners. In the process it redefined the 2nd Amendment, limiting it to defense within the home. From the opinion:
"To summarize: the Ordinance does not meaningfully impede the ability of individuals to defend themselves in their homes with usable firearms, the core of the right as Heller analyzed it."

Not good.

33 posted on 04/21/2009 3:41:41 PM PDT by Mojave (Don't blame me. I voted for McClintock.)
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To: neverdem
I'll wait for the Gun Owners of America take on this.

The NRA is way too happy in the ankle grab position for my liking.

34 posted on 04/21/2009 3:41:56 PM PDT by Obamageddon ("I'm outraged that we tortured detainees with Caterpillars rather than Camel Spiders!")
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To: Mojave

I have read this several times and it is a conundrum.

I see the Court has affirmed gun ownership as an individual right while it has confirmed that it is a collective right and limited the scope of the individual right.

That is why I wanted some independent confirmation — this just doesn’t make sense.


35 posted on 04/21/2009 4:02:13 PM PDT by freedumb2003 (Communism comes to America: 1/20/2009. Keep your powder dry, folks.)
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To: No Truce With Kings

Or, as George Carlin said, “The sun shines even on a dogs’ a$$ once in awhile.”


36 posted on 04/21/2009 4:13:12 PM PDT by GWMcClintock ("When the foundations are being destroyed, what can the righteous do?" Ps. 11:3)
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To: freedumb2003

The smog must be lifting over the 9th Circus...They have seen the light! God bless America! May the Second Amendment Shine on Forever! The Right of the People...


37 posted on 04/21/2009 4:21:22 PM PDT by 41Thunder (Live free or Die...Dammit)
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To: neverdem

Since the Second Amendment doesn’t begin “Congress shall make no law...” and because it refers to gun-toting as a “right of the People...” I would think it’s obvious that it’s a right retained by the people, which the States may not infringe any more than the federal government.


38 posted on 04/21/2009 4:47:36 PM PDT by Arthur McGowan (If Bishop D'Arcy finds out a priest is molesting kids, he will boycott the parish's Fall Supper!!!)
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To: fightinbluhen51
Maloney’s facts are simple: Does the 2A apply to the states, and are nunchaku protected arms?

As much as I would prefer that the case was over a good old S&W rather than a nunchaku, we have to take what we can get.

I am actually very hopeful that the SC will take on the incorporation issue and apply it. They certainly hinted this way in Heller.

In some ways the nunchaku might allow them make the point that the 2A applies to weapons other than firearms, thereby incorporating future weapons development. If someone develops a weapon that spits out death-dealing plasma balls, I want one.

39 posted on 04/21/2009 5:17:21 PM PDT by CurlyDave
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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; Shooter 2.5; wku man; SLB; ..
I love how, between the various legislatures and the courts, the law gyrates from one position to the other, with our fundamental human rights continually in the balance.

Neat, eh?

Click the Gadsden flag for pro-gun resources!

40 posted on 04/21/2009 5:22:51 PM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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