Well, does the Cali constitution include a right to bear arms or not? If not, didn't she correctly interpret California law? If the law violates a federally protected right, then isn't that up to a federal court to decide? Where did she err?
Well, does the Cali constitution include a right to bear arms or not? If not, didn't she correctly interpret California law? If the law violates a federally protected right, then isn't that up to a federal court to decide? Where did she err?
No, it does not. As I recall, only two states do NOT have RKBA clauses in their Constitutions--those being California and New Jersey.
"If not, didn't she correctly interpret California law? If the law violates a federally protected right, then isn't that up to a federal court to decide? Where did she err?"
Nowhere, unfortunately. She is EXACTLY following precedent at all levels. Remember, the Ninth Circuit (which covers California) has ruled on the federal level that the Second Amendment is NOT an "individual right", but a "right of the state to form militias". The Fifth Circuit, OTOH, has ruled that the Second Amendment "is" an individual right. At some point in the not too distant future, the Supreme Court is going to have to rule on the issue, but until they do, she is following the law correctly.
"Reading between the lines", I suspect she (if appointed to the Supreme Court) would fall into an "individual right" point of view, since she is a "strict constructionist".