The federal Ninth Circuit Court of Appeals (affectionately known as the "Ninth Circus") has ruled that the Second Amendment of the US Constitution is not an individual right. The US Supreme Court has refused to reverse them.
It is certainly strange and sad that we should have to ask our state government to grant us a right to keep and bear arms.
But the fact of the matter is that we aren't wasting our time asking the anti-gun legislature of California, or its RINO, gun-banning Governor, to grant us anything.
California's Constitution, like that of nine other states, includes the right of "Initiative". By this process, the people themselves can gather signatures for an amendment to their constitution and, if the required number of valid signatures are gathered, the amendment is put on the general ballot.
If a majority of California voters approve the amendment, then it becomes the law of the land. Approval of the legislature or the governor are not required.
The inalienable right to defend life and liberty as set forth in Article I, Section 1 of the California Constitution includes the fundamental right of each person to keep and bear arms for the defense of self, family and home. This right shall not be infringed.
1. All State government action regulating the right of law-abiding persons to acquire and possess arms for the defense of self, family and home shall be subject to strict scrutiny, in the same respect as the freedoms of speech and of the press. All county, city and local government action on this subject is preempted by state law and this Amendment.
2. This Amendment does not limit the State from regulating the acquisition and possession of arms by: felons, minors, the mentally incompetent, and any person subject to restraining orders based upon their own violent conduct.
Nachoman said: "Am I the only one who finds it strange and sad you have to ask your state gov't to grant you a right enumerated by the Constitution? "
Willam Tell replies:
The federal Ninth Circuit Court of Appeals (affectionately known as the "Ninth Circus") has ruled that the Second Amendment of the US Constitution is not an individual right. The US Supreme Court has refused to reverse them.
It is certainly strange and sad that we should have to ask our state government to grant us a right to keep and bear arms.
If a majority of California voters approve the amendment, then it becomes the law of the land. Approval of the legislature or the governor are not required.
Let's hope that this passes.. It would be a good start to reversing Ca's prohibitive 'laws' that infringe upon our 2nd Amendment rights.
Unfortunately, as it is worded, it seems to do nothing to prevent further legislative prohibitive 'regulations', or correcting the ones in effect.
--- Or am I missing something?