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."

[Crusader21stCentury]

No alter egos for me thank you very much. For your information I don't relish the idea that we will have to use our guns to keep them. But when the time comes for the enemies of freedom to round us up, I intend to get as many of them as I possibly can. So keep the gilley suits handy and be prepared scout!

[Beenliedto]

The time for what? You planning to emigrate?

The writer was probably thinking about the words of Claire Wolfe.

[Chemist_Geek]

Those are the ones who endlessly repeat the "...water the Tree of Liberty" quote, and who make it more difficult to keep the RtKBA.

[MineralMan]

"The time for what? You planning to emigrate?

The writer was probably thinking about the words of Claire Wolfe."

Well, everyone seems to want to tell me what someone else meant. Never mind. I'll just assume he's planning to emigrate.

[MineralMan]

"Those are the ones who endlessly repeat the "...water the Tree of Liberty" quote, and who make it more difficult to keep the RtKBA.
"

Ah, I see. The "from my cold, dead hands" brigade. Never mind, then. I thought the guy had some place better to go...some other country where people are more free than they are in the USA with its Constitution. I was hoping to hear which country that might be. But, I guess not.

I have just one question for such folks: When was the last time someone got away from a SWAT team surrounding them?

[DoughtyOne]

What the court views as state's rights on one issue, certainly doesn't seem to be their take on other issues. It will be interesting indeed to watch this one play out. In a little less than a year from now, I expect to see carve outs a plenty with regard to the 2nd Ammendment.

Broad lattitude is granted the protections of most rights. I'm not holding my breath here.

[Beenliedto]

"whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government."

Novel concept.

[bandleader]

Good For Them!I have a"wanabee"so-called"Assault-Rifle".I only wish that I had a REAL one!!(selector switch)

[Redcloak]

Bad timing. This SCOTUS just ruled that Affirmative Discrimination against whites, Asians, and Jews is just fine and that gay marriage is a 'private choice.' You want them to rule on the 2nd Amendment?

Some interesting reading on the subject.

...and more specific to Silveira.

[Redbob]

I felt good about this suit right up until Sandra DAY O'Connor wrote that bit of poorly-reasoned tripe last week.

Now I think we're in trouble.

[Beenliedto]

Both notes are interesting reading...

What may be missed in this discussion is that NRA and GOA and others might be more effective in protecting the RTKABA by working the ballot box as opposed to wearing out shoe leather in the halls of the legislatures.

We need to vote this issue at every level of government.

[Redbob]

I'm only surprised they don't wear black masks to match their robes.

[Crusader21stCentury]

who make it more difficult to keep the RtKBA.

I find your logic rather strange. If it is a right has God declared he is to take it from us? Because no mere mortal has the authority to take a right from me. I will remove any such person from the gene pool.

[Redbob]

"Those are the ones who endlessly repeat the "...water the Tree of Liberty" quote, and who make it more difficult to keep the RtKBA."

As opposed to, perhaps, the NRA executives who've never met a gun-control proposal they felt didn't have SOME merit?

[Redcloak]

Better to stop stupid laws before they become law. In just this session, an incredible amount of crap has been stopped in California by lobbying efforts in Sacramento. We'd be up to our eyeballs in bad law waiting for the little tyrants to be voted out of office. Yes, voting is important; but ignoring the legislative process would invite disaster.

[Crusader21stCentury]

When was the last time someone got away from a SWAT team surrounding them?
When was the last time a SWAT team got away when they were surrounded?

[Chemist_Geek]

I have just one question for such folks: When was the last time someone got away from a SWAT team surrounding them?

"If we all rise up at once, they wouldn't have enough jackboots to go around! Didn't you hear about that Jap admiral who said a rifle behind every blade of grass is why they didn't invade?" etc. etc. ad nauseaum.

Unfortunately, those of us who work the legislatures and courts to protect our rights, have to fight the damage caused by such yahoos before we can make progress...

[Flyer]

When was the last time someone got away from a SWAT team surrounding them?

That is not the time to take action.

The Liberator

[Betty Jane]

When was the last time someone got away from a SWAT team surrounding them?

If I were a gun grabber, I would start asking myself, when is the last time a SWAT team a crime?

[mrsmith]

"does the Second Amendment apply to the states in the same way that the First, Fourth, and Fifth amendments apply"
An appeal to the court's 'living constitution' for the right to keep and bear arms! Perfect!

Hopefully when the court points out that the Bill of Rights is only a constraint on the federal government, some will realize that all of the Bill of Rights is.
It would be worth it just for that educational aspect.