[The KG9 Kid]

Every single bit of faith I have in the United States Supreme Court hinges on whether or not they decide to weigh the counter-judgements from the 9th and 5th Circuit Courts.

This is the fundamental test for SCOTUS. This is the kind of case that Freepers who posted 'this is not the case we want in front of SCOTUS' on the Emerson threads were waiting for, right?

Am I right, or am I wrong?

[robertpaulsen]

IMO, I wouldn't call this an ideal case. This was a challenge to the gun control statute in California regarding the possession, use and transfer of "assault weapons".

Reinhardt dismissed the plaintiffs' claims "Because the Second Amendment does not confer an individual right to own or possess arms...". The challenge could have involved muskets and the ruling would have been the same -- you don't have the right to "own or possess" any weapon.

Here's the problem. If this goes to SCOTUS, the gun control freaks are going to make this case about the right to own "assault weapons" (the original case) rather than an individual's RKBA.

[Sender]

I think you are right, this is a very fundamental test that will have to be taken up by the Supreme Court. That doesn't keep me from worrying about it though.