Posted on 04/20/2009 10:08:38 AM PDT by freedomwarrior998
Alice Marie Beard: The Ninth Circuit has apparently held, in the Nordyke case, that the Second Amendment is incorporated against the states via the Fourteenth Amendment; opinion to come shortly. I will certainly blog more when I can read the opinion.
Please note the possibility of error in all such breaking news stories, posted before the opinion is read; I will certainly correct any such error as soon as possible if it turns out the initial account is indeed mistaken.
It is, nonetheless, law of the land.
Go read the Raich case yourself.
Great news! I can’t believe it’s coming out of the 9th Circus!
Yes.
BTTT THANKS !!!!!
I copied it out and will read at work ....gotta fly !
Stay safe buddy !
Awesome !
Thanks !
Yes. It's similar to the dissent in Heller, which also found the 2nd as protecting an individual right, then went on to say the individual right applied to those persons in the organized militia.
In this case the 9th held that the 2nd amendment must be considered when evaluating a local law that forbids gun shows on public property (parade grounds), and that such a law does not run afoul of the 2nd amendment. IOW, "incorporation" just means that the 2nd amendment is applicable to evaluating local and state firearms laws. Heller is read as protecting an individual right to own a government approved gun in your own home.
>It is, nonetheless, law of the land.
>Go read the Raich case yourself.
LOL — That just adds more to my assertion.
Besides, I’d like to stay in the original documents where possible and not rely on “interpretations”... like that STUPID one the USSC rendered on 25Jun05 legitimizing the use of “Imminent Domain” as an official, government-sponsored theft/larceny/redistribution tool.
Thank You
“...neither can states and localities.”
And as for employers/establishments of various and sundry stripes?
Seems to me (IMHO) that there are no qualifiers or disqualifiers in the 2nd Amendment; ergo - I can concealed/open carry right into my place of work, gov’t offices, bars, churches, etc.
Just my 2 cents worth - to start the discussion. Should be real interesting.
>Seems to me (IMHO) that there are no qualifiers or disqualifiers in the 2nd Amendment; ergo - I can concealed/open carry right into my place of work, gov’t offices, bars, churches, etc.
I would agree with that assessment.
Here is what Califonia’s says - “CALIFORNIA CONSTITUTION
ARTICLE 3 STATE OF CALIFORNIA
SEC. 1. The State of California is an inseparable part of the
United States of America, and the United States Constitution is the
supreme law of the land.”
Hmmmmmm
Hot d***!
Now if only the NY reps would figure it out!
I e-mailed my local reps, Aileen Gunther (Dem?!) says she opposes the anti-2nd bills currently before the Albany circus.
“It is not difficult to see how 4,000 shoppers trading in modern firearms pose more danger than a crowd of history buffs in traditional garb playing with blank ammunition.”
This single comment may cause trouble for the County further down the road. Without substantial data to back that portion of the opinion the remainder of the opinion can be called into question. In essence, the judge “feels” that 4000 law-abiding citizens, engaged in a perfectly legal pastime, are more dangerous than any other similar group. According to what he said earlier in the document, there had never been a shooting at any of the gunshows before.
I understand what you are saying. But this is in reality making the point that the states can not infringe upon the right.
Since the constitutional lawyers like Clinton say that the constitution is outdated, this piece of legislation brings the entire 2nd back right where it belongs.
Especially the part about people keeping to protect against a rigue government.
This in and of itself is massive for a gun control argument against what Obama is proposing with his bans.
What we are arguing now is purely what should be and then what happens in the real world.
What should happen, is that there should have been no need for this to be said. But in the real world of how things work, this went a long way to protect our rights to keep arms.
Did I read it right?
That pretty much sums it up.
Unless you have a permit, carry a loaded pistol on your hip in California and see how long it takes for you to be arrested.
I’m in NM. Open carry!
I’m in NY.
Which currently is looking at gun bans, and other BS.
Assembly Bill 3076A, sponsored by State Assemblyman Brian Kavanagh (D-74), would broaden provisions relating to eligibility for a firearms license.
Assembly Bill 3211A, sponsored by State Assemblywoman Patricia Eddington (D-3), would ban the sale, use or possession of .50-caliber or larger firearms.
Assembly Bill 5696A, sponsored by State Representative Brian Kavanagh (D-74), would require employees of dealers in firearms to submit to state and national criminal background checks.
Assembly Bill 6157, sponsored by State Assemblyman Matthew Titone (D-61), would amend the definition of assault weapon to include additional weapons.
Assembly Bill 6468, sponsored by State Assemblywoman Michelle Schimel (D-16), would require semi-automatic pistols manufactured or delivered to any licensed dealer in the Empire State to be capable of micro-stamping.
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