Ninth Circuit denies appeal in Silveira (But 4 judges write impressive dissents!)

The Ninth Circuit Court of Appeals ^ | 5-6-2003 | Various

[El Gato]

Nice phrase! Unless you object, I'm stealing, er, i mean borrowing that to use as my tagline :)

Wish I could claim it as my own idea, but I can't. The full phrase, authored by from Doug McKay [mckay003_AT_maroon.tc.umn.edu] is:

"The Second Amendment is the RESET button of the United States Constitution."

I've been in contact with Doug, a few years ago to be sure, and he doesn't care who uses the phrase, it's not copywrited or anything, so have at it. I use it myself in my email .sig, when I'm posting to various arms rights related email lists.

[Amerigomag]

The majority falls prey to the delusion—popular in some circles--that ordinary people are too careless and stupid to own guns, and we would be far better off leaving all weapons in the hands of professionals on the government payroll. But the simple truth—born of experience—is that tyranny thrives best where government need not fear the wrath of an armed people.

Spot on Justice Kozinski!

[TheErnFormerlyKnownAsBig]

The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed—where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

I love that qoute.

[Kevin Curry]

However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.

And that tyranny likely will arise first in California, the state that is simultanously moderating its attitude toward the illegal use of drugs, passing the nation's most comprehensive hate crime legislation that will give gay activists the power of government to punish dissenting voices, and disarming its citizenry.

[zip]

bookmark ping

[philman_36]

This certainly turns the heat up a notch.
The panel’s labored effort to smother the Second Amendment by sheer body weight has all the grace of a sumo wrestler trying to kill a rattlesnake by sitting on it—and is just as likely to succeed.
What a mental image that conjures up.

[wita]

And I would rejoinder, that "DETEST" is not the operative word, but "FEAR".

[madison46]

Emerson has already been to SCOTUS

[madison46]

The sheer lack of commentarty from folks living during that time and directly involved with the Consitutiton and Bill of Rights is Amazing. They had to dig and dig and dig hard to come up with that crappy ruling.

All the 5th had to do was read the Founding Fathers.

[Travis McGee]

I'm a big rattlesnake fan as well.

BTW, the Navy Gadsen with the red stripes is available for retail sale in most Navy exchanges today. My 11 year old son has a 3x5 on the wall that he thinks is very cool.

[Travis McGee]

Right you are.

[madison46]

Where does that leave us?

I'm not sure we could read anything about SCOTUS hearing this case and not hearing Emerson. 5th paid a lot of attention to the 2nd, but really didn't use it as basis for ruling. If SCOTUS took this one, they may have decided they had enough of the 9th vs. 5th and want to clear it up, but doesn't mean they will lean the 9th's way.

Did you read the ruling? I made it through most of it. What I find interesting is their reference to 'militia' in Art I and II..my counter to their 'if 'the people' crowd want to use 'the people' pattern, then they must use the 'militia' patter, is ..are any of the other 10 Amendments there to expand or further define the body of the Constitution? I think not. Also, no where in the consitution do they refer to 'rights' when they mean govermental 'powers'. They use the word 'Power' then.

Frustrating.