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To: William Tell
elbucko said: "Should the 9th. make the bogus claim of collective rights, ..."

The effect of the proposed amendment cannot be challenged by claiming that it is a "collective" right because it uses language which explicitly refers to " ... the fundamental right of each person ...".

The 9th. Circuit Court has already used the "collective rights" argument in firearms issues brought before it. This court does not recognize any individual right in the 2nd Amendment. That CA Democrats and the Gun Control activists won't push for a California constitutional amendment to be voided by the 9th. is wishful thinking. AG Bill Lockyear, prodded on by Senators Jack Scott and Don Perata, will be in the van. If the amendment passes get ready for a fight. A big one.

41 posted on 10/20/2005 5:46:36 PM PDT by elbucko
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To: elbucko
elbucko said: "This court does not recognize any individual right in the 2nd Amendment. "

It doesn't matter. The Second Amendment is irrelevant to this California Constitutional Amendment. The Second Amendment is not mentioned, referred to, or involved in any way. Misinterpretations of the Second Amendment cannot be applied to this amendment.

Further, there are no grounds for the Ninth Circuit to make any ruling whatever. Federal courts are already on record as having determined that the Second Amendment only applies to the federal government. They cannot then claim that the Second Amendment somehow limits state action.

The people of California have the power to recognize the right of the people to keep and bear arms.

At such time as some state attempts to adopt RKBA which conflicts with the infringements already existing at the federal level, THEN the Ninth Circuit will be called upon to settle the conflict.

The Ninth, like the present US Supreme Court, will rule that states DO NOT have the power to permit their citizens to keep and bear newly manufactured machineguns, for example. They will cite similar rulings involving medical marijuana. All the drug warriors should then not be surprise that their right to keep and bear arms will be permanently infringed despite the language of the Second Amendment and despite state protections.

The Supreme Court will have one last chance to undo the tyranny of the last century. If they don't do their jobs, then it will be time for the red state/blue state civil war.

42 posted on 10/20/2005 6:04:43 PM PDT by William Tell (Put the RKBA on the California Constitution - Volunteer through rkba.members.sonic.net)
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