Potentially Historic Second Amendment Lawsuit Petitioned to Supreme Court (Silveira)

KeepAndBearArms.com ^ | July 3, 2003 | KeepAndBearArms.com

[mvpel]

Silveira v. Lockyer lawsuit could settle decades of controversy

FOR IMMEDIATE RELEASE July 3, 2003

CONTACTS: Gary Gorski, Attorney for Plaintiffs Cell: (916) 276-8997 Office: (916) 965-6800 Fax: (916) 965-6801 Angel Shamaya, director, KeepAndBearArms.com Office: (928) 522-8833

A Second Amendment lawsuit was petitioned to the U.S. Supreme Court today -- just in time for Independence Day. The case Silveira v. Lockyer, which originated in the U.S. District Court for the Eastern District of California, was previously appealed to the U. S. Ninth Circuit Court of Appeals, resulting in a deeply divided ruling. The lawsuit seeks to address at least two specific aspects of the Second Amendment, namely: does the Second Amendment apply to the states in the same way that the First, Fourth, and Fifth amendments apply, and does it guarantee an individual right, in the same manner as those other amendments to the Bill of Rights.

The case began when several plaintiffs in California decided to challenge a state gun control law, enacted by the Democrat-controlled legislature of that state, that affected their freedom to own and use certain firearms.

Lead attorney for the lawsuit, Gary W. Gorski, says the law clerks and Justices will note the care, depth, and thoroughness that went into preparing the Petition for Writ of Certiorari. "Hundreds of hours went into this Petition,” says Mr. Gorski. “Centuries of legal scholarship tell us that our Bill of Rights is primarily a document protecting individual rights.” He added, "It's time to put an end to the flawed jurisprudence stemming from blatant disregard for our right to own and use firearms. We believe the Court must finally do the right thing by hearing this vital case."

Gorski says the National Rifle Association is not involved in the lawsuit. He praises another national grassroots organization for great help in preparing the case. "KeepAndBearArms.com's director Angel Shamaya and two key Advisors, David Codrea and Brian Puckett, deserve appreciation for their extensive help in getting us to this point." Gorski also benefited from "amazing constitutional scholarship and knowledge of appellate law" from a "gifted attorney who prefers to remain anonymous."

Gorski filed the Silveira v. Lockyer certiorari petition just before July 4th, as he believes Independence and the Second Amendment are cousins. "Our nation's Founders knew exactly what they were doing when they put the 'gun clause' right next to the 'free speech and religion' clause," says the California-based attorney. "After fighting a bloody war for freedom, of course they meant 'the people' when they penned the Second Amendment. Unfortunately, many politicians today no longer understand the importance of freedom. And millions of innocent Americans face potential prison sentences for merely exercising their constitutional right, and their natural right of self-defense. We think the Justices will review our Petition and realize that this hearing is long overdue."

The last time the Supreme Court ruled on a Second Amendment case was in 1939, in United States. v. Miller.

Gorski believes the high court will announce in early October whether or not it will hear this case. "Until then," he says, "we've have a great deal of work to do to prepare our brief and oral arguments. This is one of the most important things I've ever been involved in -- I'm committed to doing it right, and doing it well."

[MindBender26]

Agree completely. If there is a reliable report that someone has an M1A1, 105 mm Howitzer, or maybe 20 of them, that could be a problem. Too many uninformed citizens think 10 guns are too many.

There is no such crime as too many guns!

[MindBender26]

And it certainly won't be the internet whackos, either!

Please, the wife insists. Unless we have formally introduced, the terms Sir or Stud Muffin will have to surfice. Boot licking might get her wierd 2d cousin from Toledo excited.

[MindBender26]

There is always Bwana! :~)

[MindBender26]

Especially if you are hanging out in the lingerie department! :~) (Lingerie and the Typical Wallmart Customer - not a pretty thought!)

Seriously, I always loved the way Jane pronounced "Tarzan," sort of "Tah-zahn", in the old black and white jungle movies. Sort of the way some snotty Philladelphia socialite would pronounce it.

Actually, I don't care what my wife calls me, as long as she does! :~)

Be well

[Roscoe]

Guns rub Sandy and Ruthie the wrong way as they do almost all "progressive" liberals. They'll find a way to use their power as unelected superlegislators to impose their peronal likes and dislikes on you and all other Americans.

And the useful idiots refuse to see it.

[Roscoe]

The lawsuit seeks to address at least two specific aspects of the Second Amendment, namely: does the Second Amendment apply to the states in the same way that the First, Fourth, and Fifth amendments apply

Strange question.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury...

States aren't required to use grand jury indictments.

[Godebert]

" If they (Supreme Court) do take the case, however, your side will lose once and for all."

You've shown your true colors. I've always suspected you were a gun-grabbing cowardly rat. That just confirms it.

[eno_]

You really can't wrap your head around the idea that people like me that have no strong interest in guns or drugs could be for lightest possible regulation of both, and that that is a sensible and consistent conservative position.

That's because the cost of prisons, JBTs, corruption, intrustions on privacy - especially financial privacy, restrictions on liberty, and the crime associated with any kind of contraband is become far higher than any benefit the War on (some) Drugs could ever produce. It is a losing cause, a waste, like a bad public works project.

Imagine a country with no Drug War and an NRST. No need for your bank to report your financial transactions. No need to think large amounts of currentcy is "suspicous." Nobody would have to report your income to anyone. THAT is a free country. What we have now is a sham of freedom.

But for the jackboot lickers here that is a problem: They'd be out of work.

[Roscoe]

"They'll find a way to use their power as unelected superlegislators to impose their peronal likes and dislikes on you and all other Americans."

You really can't wrap your head around the idea that people like me that have no strong interest in guns or drugs could be for lightest possible regulation of both

So you go crying for judicial legislation to impose your preferences?

[eno_]

No, I'm for tarring and feathering jackboot lickers like you. Running them out of town. Ruining their kids' careers. Ostracizing their families in the community. Starting runors aout them. That sort of thing. Nasty, effective, and anonymous.

Have I lost faith in being represented by elected officials? Yes. I just know that the distance between the ballot box and the ammo box covers the area where enemies of freedom should be demoralized before the shooting starts.

[Roscoe]

Starting runors aout them. That sort of thing. Nasty, effective, and anonymous.

A coward's way.

[eno_]

You would prefer:

a) People like just hold a bake sale and sign a petition.

b) Some yahoo starts shooting.

If I choose a way that is more effective, you call me a coward. All that indicates is that I am very close to right. If you fear that kind of thing enough to resort to name-calling, then that is exactly what people should do to people like you.

[Roscoe]

You would prefer: a) People like just hold a bake sale and sign a petition. b) Some yahoo starts shooting.

An example of a cowardly false accusation.

[ExSoldier]

You took the words right out of my mouth...I agree this is very bad timing. This court is a lot more liberal than we thought. We need to put another Scalia or two on the high court, then I will feel a bit safer.

[kinsman redeemer]

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